Joyanta Chakraborty, IMS Unison University Editor’s note: The islands of Andaman and Nicobar famously contain not only the Kaala Paani jail but also several groups of indigenous people aloof from mainstream society. This paper talks about one of 4 major groups (among the Great Andamanese, The Onge, The Sentilenese), the […]
Medical Negligence
By Aakarsh Shah, RNPI law school Editor’s note: Medical negligence is punishable under various laws such as torts, IPC, Indian Contracts Act, Consumer Protection Act, etc. It can be defined as misconduct by a medical practitioner or doctor, and causes many deaths and illnesses each year. This paper covers the […]
Scope of Enforcement of DPSPs
Aakanksha Bhola, Army Institute of Law, Mohali Editor’s note: The roots of Directive Principles of State Policy are evident from the belief that responsibility of social development of the country lies with the government. Enshrined in Part IV (Articles 36-51) of the Constitution of India, DPSPs serve as a guideline […]
Contracts and Quasi Contracts
By Vikesh Kumar, Dr. Ram Manohar Lohiya National Law University, Lucknow Editor’s note: Contracts are promises that the law will enforce. In case of contract, both the parties are legally bound by the promise entered into. Quasi contracts are certain relations resembling those created by contracts. In a transaction in […]
Right to clean water
By Anu Mittal, Symbiosis Law School, Noida Editor’s note: In recent jurisprudence, denial of water has been deemed to imply a denial of right to life. Though not explicitly stated in the Indian Constitution as a Fundamental Right, it has been read into the interpretation to Article 21. The State […]
Price sensitive information
By Tanvi Praveen, Symbiosis Law School, Noida Editor’s note: Knowledge is said to be power. Nowhere does this hold truer than in the case of price sensitive information in a company. Such information ought to be released in a manner that benefits all investors equally, without prejudice, and not in […]
Civil Aviation in the EU Emission Trading Scheme
By Pravir Singh Srivastava & Akanksha Sisodia, Symbiosis Law School, Noida Editor’s note: In order to reduce greenhouse gas emissions effectively, the European Union established an emissions trading system. A ‘cap’ is set on the total amount of greenhouse gases that can be emitted – this cap now includes emissions […]
Necessity – public and private
By Shantanu Rathore , Symbiosis Law School, Noida Editor’s note: There exist several justifications and exceptions for torts, including the defence of necessity, which is usually invoked for the tort of trespass and conversion. Welfare of the people is deemed to be the supreme law, and necessity can either be […]
Media trial: freedom of speech v. fair trial
Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: Freedom of expression is a fundamental right that goes to the very heart of individual identity and collective interaction. Freedom of the media has been a contentious issue, especially when it involves scrutinizing a free trial. This paper examines the past and […]
Emerging issues in marketing
Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: A volatile market is one fraught with great price instability. It is highly risky. This paper examines the volatility in the market before and after 2008, and the challenges it faces. It also examines the diversity of Indian markets and the […]
Cooper v. Board of Works
Shabnam Saidalavi, School of Legal Studies, Cochin Editor’s note: This paper examines the facts and decision laid down in Cooper v. Board of Works for Wandsworth District, a case based on the principles of natural justice, fair hearing and a rule against bias. It examines the arguments from both sides, […]
Precedents as a source of law
By Priyan Garg, Amity University, Uttar Pradesh Editor’s note: The judiciary adjudicates the rights and obligations of the citizens, as per legislation, customs as well as a sense of justice. Judges often also take guidance from previous decisions and rely on past interpretations of questions of law. Such instances or […]