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Legally Speaking

Bridging Gap Between Myth And Reality: India As A Hub Of Institutional Arbitration

Bridging Gap Between Myth And Reality: India As A Hub Of Institutional Arbitration

17 Feb 2022 07:28 AM IST

INTRODUCTION As enunciated by McKinsey, “Risk allocation and contract enforceability can make India a prospective hub of Institutional Arbitration.” According to the National Judicial Data Grid and the Supreme Court, “there are now 3.9 crore cases pending in district and subordinate courts, 58.5 lakh cases pending in different high courts,
An overview of Copyright Act & Sundar Pichai vs Suneel Darshan controversy

An overview of Copyright Act & Sundar Pichai vs Suneel Darshan controversy

16 Feb 2022 08:15 AM IST

INTRODUCTION: The concept of copyright is not new; we have seen in past people copying content created by others most of the time in literal form; with the technological advancement and Internet revolution, one can access millions of websites with a click, and this has given rise to a more
Statement of co-accused U/S 25 evidence act inadmissible in court, but significant for investigation: Gujarat HC

Statement of co-accused U/S 25 evidence act inadmissible in court, but significant for investigation: Gujarat HC

15 Feb 2022 07:02 AM IST

While clarifying the evidentiary value of co-accused and its utility, the Gujarat High Court has in a learned, laudable, landmark and latest judgment titled Firoz Hajibhai Sodha vs State of Gujarat in R/Criminal Misc. Application No. 5836 of 2021 delivered finally on February 8, 2022 made it clear that the
L.N. Mishra assassination case: A political and legal conundrum that never ends

L.N. Mishra assassination case: A political and legal conundrum that never ends

15 Feb 2022 06:58 AM IST

The famous saying of ‘Justice Delayed Is Justice Denied’ could not have a better applicability than the assassination case of former Railways Minister Late Shri Lalit Narayan Mishra. Late Shri Lalit Narayan Mishra was member of the First Lok Sabha, Second Lok Sabha and 5th Lok Sabha, he was also
Dying Declaration Recorded By Police Officer Is Admissible: Allahabad HC

Dying Declaration Recorded By Police Officer Is Admissible: Allahabad HC

14 Feb 2022 07:34 AM IST

It must be stated right at the outset that the Allahabad High Court as recently as on January 6, 2022 in a recent, remarkable, robust and rational judgment titled Prem Nath Yadava & Another vs State of UP in Criminal Appeal No. 1114 of 2015 upheld the life sentence of
Can’t dictate filmmakers to use only decent language in films, they have artistic discretion, limited only by Article 19(2): Kerala HC

Can’t dictate filmmakers to use only decent language in films, they have artistic discretion, limited only by Article 19(2): Kerala HC

12 Feb 2022 01:35 AM IST

While vindicating the liberty of filmmakers to make films as per their own choice, the Kerala High Court as recently as on February 10, 2022 in a learned, laudable, landmark and latest judgment titled Peggy Fen v. Central Board of Film Certification & Ors. in 2022 LiveLaw (Ker) 72 in
The juxtaposition of privacy and Competition Law

The juxtaposition of privacy and Competition Law

11 Feb 2022 02:00 AM IST

INTRODUCTION During the last decade, the digital business has expanded at a staggering rate in India and across the world. Even though this development has resulted in the emergence of new business models, the expansion of new markets, and the unlocking of significant efficiencies, it has also sparked concerns that
Encroachment on public land cannot be retained citing right to shelter: Gujarat High Court

Encroachment on public land cannot be retained citing right to shelter: Gujarat High Court

10 Feb 2022 08:18 AM IST

While dismissing a PIL that was seeking to restrain the Railway authority from evicting slum dwellers until rehabilitation, the Gujarat High Court in an extremely commendable, courageous, cogent, composed and convincing judgment titled Bandhkaam Mazdoor Sanghathan vs State of Gujarat in R/Writ Petition (PIL) No. 59 of 2021 delivered on
Tolerance should be shown towards other religious practices; this country takes pride in unity in diversity: Madras HC

Tolerance should be shown towards other religious practices; this country takes pride in unity in diversity: Madras HC

09 Feb 2022 08:11 AM IST

At a time when hate speeches are becoming very common in our country and intolerance has been peaking high, it would be instructive to take a serious note of what the Madras High Court has in an extremely commendable, cogent, composed and convincing judgment titled Paulraj Vs. District Collector and
Post-humous Privacy: Should India re-think Privacy after death?

Post-humous Privacy: Should India re-think Privacy after death?

09 Feb 2022 08:10 AM IST

The expectation of privacy has been evolving over the centuries. In previous eras, people enjoyed little privacy, even though information about their private lives hardly used to escape from the confines of their family or community. However, as society developed along with the technological advancement of social media, disseminating information
No Embargo On Treating Testimony Of A Child Witness As The Sole Basis For Conviction: P&H HC

No Embargo On Treating Testimony Of A Child Witness As The Sole Basis For Conviction: P&H HC

08 Feb 2022 08:03 AM IST

While stating that statutorily there exists no prohibition on child witnesses to depose in criminal or civil cases, except w.hen the child does not understand the questions put to them, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Sanjay Vs State of Haryana
Containing Bureaucratic Zeal For Litigation: Reimagining National Litigation Policy

Containing Bureaucratic Zeal For Litigation: Reimagining National Litigation Policy

08 Feb 2022 08:01 AM IST

INTRODUCTION Just one year of the Pandemic, and the impact of COVID-19 on the Indian Judiciary was very apparent, and now, almost two years later from the initial ‘hit of the pandemic’, the judiciary is finding itself entangled in a very difficult position. As per a report by the NJDG,
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