INTERPLAY OF THE FIELDS OF MEDICAL AND LEGAL DISCOURSES IN RAPE TRIALS
This article examines how medical knowledge and legal processes interact in rape trials in India. It argues that rape trials continue to be influenced by patriarchal and colonial ideas about women, sexuality and how a “real” rape victim should behave. The article looks at the influence of medical jurisprudence, including the two-finger test, assumptions about […]
A DOCTRINAL EXAMINATION OF S. 69 OF THE PARTNERSHIP ACT: INCONSISTENCIES AND THE CASE FOR REFORM
This paper examines Section 69 of the Indian Partnership Act, 1932 and the restrictions it places on unregistered partnership firms. While registration under the Act is voluntary, Section 69 prevents unregistered firms and partners from enforcing certain contractual rights through courts. The paper examines the exceptions for statutory rights, arbitration, dissolution and other claims which […]
Freedom of Speech and Hate Speech on Social Media
The development of social media has led to a change in the way people interact, express themselves, and engage in public debate. Facebook, X (previously known as Twitter), Instagram, YouTube, and WhatsApp are some of the mediums that can be used to share ideas and opinions and encourage participation in the democratic process. Though the […]
CYBERBULLYING LAWS IN INDIA
Rapid proliferation of internet usage and social media usage has resulted in the problem of cyber bullying that poses severe threats to the dignity, privacy and mental health of individuals. In India, the problem of cyber bullying is regulated by a number of provisions from the Information Technology Act, 2000, Bharatiya Nyaya Sanhita, 2023 and […]
CYBERSECURITY LAWS IN INDIA: ARE THEY ADEQUATE?
The digital revolution in India has affected various aspects of life and interactions. Programs such as Digital India, use of UPI, online banking, ecommerce and digital governance make technology a regular element of daily activities. More and more enterprises are migrating to the cloud computing environment. At the same time, the government has been able […]
Custodial Violence in India
Custodial violence is the term given to inhuman treatment of individuals in judicial and police custody. Custodial violence refers to the physical, psychological, or sexual abuse imposed on individuals while they are in police. It is a violation of human rights and a serious breach of constitution and legal safeguards guaranteed in democratic societies. This […]
THE EVOLUTION OF INDEPENDENT DIRECTORS’ LIABILITY UNDER THE COMPANIES ACT, 2013
In Indian corporate law, independent directors hold a peculiar position: although they are supposed to serve as the board’s conscience, they typically lack the day-to-day authority and information access necessary to be regarded as executive directors when anything goes wrong. From the voluntary, listing-agreement-based framework of the early 2000s to the codified protection of Section […]
LIFTING THE CORPORATE VEIL: JUDICIAL EXCEPTIONS UNDER INDIAN COMPANY LAW
This paper examines the doctrine of lifting the corporate veil under Indian company law, focusing on the balance between separate legal personality and accountability. It explains the statutory exceptions under the Companies Act, 2013, judicial grounds such as fraud, tax evasion, and misuse of corporate structures, and the role of the Insolvency and Bankruptcy Code, […]
RAI SAHIB RAM JAWAYA KAPUR V. STATE OF PUNJAB (1955): A CASE COMMENTARY
This paper examines the landmark case of Rai Sahib Ram Jawaya Kapur v. State of Punjab (1955), which established important principles regarding the scope of executive power in India. Arising from the Punjab Government’s nationalisation of textbook publishing, the case addressed whether the executive could undertake such activities without specific legislative authority and whether the […]
DELEGATED LEGISLATION AND THE LIMITS OF ADMINISTRATIVE RULE-MAKING IN INDIA
Delegated legislation is essential to modern governance, but it raises a crucial question: how much law-making power can Parliament delegate before it gives up its own legislative responsibility? This paper examines the Essential Legislative Function doctrine laid down in In re Delhi Laws Act (1951), which draws the line between permissible delegation and unconstitutional abdication […]