By- Aaditya Sinha Recently, I have watched a film named “Section 375”. In that time there was a monologue that “Law and Justice are not same, law is a tool to sometimes get the justice”. Now, I think this monologue actually gives a perfect essence to the term Judicial activism which is coined by Arthur…
By- Tanya Gupta “In this case of Rakesh Kumar Paul versus State of Assam (2017) 15 SCC 67, the denounced charged under section 13(1) of the Prevention and Corruption Act for which discipline limit of 10 years. The state contended that the greatest date for recording default bail would begin following 90 days. In any…
By- Diksha Gupta & Adhish Saxena Hon'ble Judges: S.Saghir Ahmed and Kuldip Singh. Citation of the Case: (1997)1 SCC 388.,AIR 2000 SC 1997, MANU/SC/0416/2000 Name of the parties & their Councils- For Petitioner/Appellant/Plaintiff: M.C. Mehta and Seema Midha, Advs For Respondent/Defendant: H.N. Salve, Sr. Adv., M.S. Vashisht, Rajiv Dutta, Shiv Pujan Singh, J.S. Atri, L.R.…
Read more A CASE COMMENT ON M.C. MEHTA V. KAMALNATH AND ORS.
By- Aaditya Sinha When a woman is raped, hold on for a minute. How can I write a sentence like this without being petrified? How can anyone understand what a person feels when they feel helpless and are unable to move? I can assure you that no one and literally no one can understand that…
Read more JUSTICE FOR RAPE VICTIM: REFORMATIVE OR RETRIBUTIVE JUSTICE?
By- Aaditya Sinha Rising rape cases across the country are not only disturbing but very depressing news. Whenever something like this happens, people want justice, but what exactly justice means? Justice can be classified into four main types which are: Reformative, Retributive, Procedural, and Distributive. However, in the criminal system, the two justices are commonly…
Read more JUSTICE FOR RAPE VICTIM: REFORMATIVE OR RETRIBUTIVE JUSTICE?
By- Tanya Gupta Case name: ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL AND OTHERS[1] Background and Facts of the Case Section 3 of the Evidence Act characterizes the expression “Proof”. Furthermore, it orders the proof into 2 classes, for example, Oral and Documentary Evidence. The expression “Narrative Evidence”, according to the definition, would incorporate all…
Read more ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL AND OTHERS
By- Diksha Gupta & Adhish Saxena Introduction Corporate restructuring is an important aspect of the corporate world. A company might do it either in an ethical way or in a playful manner. The common examples among the business of such companies include hostile takeovers, mergers, or management buyout is wealth boosts the asset of the…
By- Aaditya Sinha Preamble is a word which I literally heard in my every first legal subject class, either it be Law of contract, Indian Penal Code or any other codified law. So I used to get confused that how are these “preamble” in different bare acts actually different from the “actual preamble”. It can…
By- Tanya Gupta Case name: JOSEPH SHINE V. UNION OF INDIA[1] In October 2017, Joseph Shine, a non-inhabitant Keralite, documented public intrigue suit under Article 32 of the Constitution. The appeal tested the legality of the offense of infidelity under Section 497 of the IPC read with Section 198(2) of the CrPC. Section 497 IPC…
