Legally Speaking

DECLINING OCEAN POLLUTION DURING PANDEMIC

10 Aug 2020 06:21 AM IST

Ineffective legal framework has also resulted in pollution of oceans, which is affecting the environment.

Decriminalising defamation in India

08 Aug 2020 06:32 AM IST

Understanding defamation Before starting with the topic “Decriminalizing Defamation in India” it is imperative to understand the meaning and concept of “defamation”. The word “defame” means “to harm the reputation of”. Defamation of a person is an offence punishable u/s 499-500 of the Indian Penal Code. The offence can be

Trademark tussle between Hindustan Unilever & Emami: Fairer than a fairytale?

08 Aug 2020 06:32 AM IST

Introduction Hindustan Unilever Limited (HUL), a subsidiary of British-Dutch multinational company Unilever PLC and the home-grown Kolkata-based FMCG firm Emami have a history of trademark conflicts and defaming each other in in ads and marketing strategies. In some some of the cases, Emami has had the upper hand as it

Shri Ram janmabhoomi: Reconciling truth & secularism

07 Aug 2020 06:26 AM IST

When the ASI’s report revealed that the demolished temple’s pillars were used for the construction of the disputed structure in the 1500s, the new argument that was set up was that of ‘architectural reuse’, i.e. it was contended that the temple was not demolished to build the disputed structure in

Analysis of the legal aspects of anticipatory bail: Law and reality

06 Aug 2020 06:11 AM IST

INTRODUCTION In Black’s Law Dictionary, bail has been defined as “a security such as cash or bond especially security required by a court for the release of a prisoner who must appear at a future date.” This constitutes a very important element in our entire criminal justice system because it

Draft EIA Notification 2020: It may need a revisit by the executive

05 Aug 2020 06:05 AM IST

The Ministry of Environment, Forest and Climate Change (MoEFCC) before the national lockdown has issued the Draft Environmental Impact Assessment (EIA) Notification 2020 for public consideration and comments. The draft notification is issued under the powers vested in the central government under the Environment (Protection) Act, 1986 to take all such measures

Indian environmentalism: Unconstitutional regression

05 Aug 2020 06:04 AM IST

The polluter must pay but he must be made aware of boundaries that are to be followed. Clarity and transparency are required on both sides.

Sushant Singh Rajput case: Much ado about nothing

04 Aug 2020 05:53 AM IST

Even assuming that big film camps did not sign the star, or the lady friend used the actor’s credit cards and was his mental anchor and later allegedly abandoned him, none of them could be booked for abetment of suicide which carries a jail term of 10 years.

Are tortious interference suits antithetical to free market competition?

04 Aug 2020 05:53 AM IST

Existence of a contract is an essential concomitant for this tort to have occasioned. The act of wrongfully inducing a person not to enter into a contract does not amount to tortious interference.

Custodial deaths: Banality of evil?

03 Aug 2020 06:22 AM IST

Mahatma Gandhi in his journal Harijan once wrote- “The police of my conception will be servants, not masters of the people. The police force will have some kind of arms, but they will be rarely used, if at all. In fact, the police men will be reformers. Their police work

Dilution of Section 29A of the Insolvency and Bankruptcy Code in India: Is it a myth or reality?

03 Aug 2020 06:22 AM IST

Looking at the challenges in the Company Law , the Government of India came up with The Insolvency & Bankruptcy Code, 2016 (IBC), a robust mechanism for time bound resolution of dispute of corporate entities in financial distress. Since, this code has been an evolving legislation therefore, in past few

Madras High Court’s injunction against Patanjali’s Coronil

01 Aug 2020 06:22 AM IST

Coronil, the much marketed and advertised product offered by Baba Ramdev’s Patanjali had run into many imbroglios and legal hurdles since it was unveiled and introduced as a medicine to fight the COVID-19 coronavirus. Already facing criminal complaints and restraining orders against offering the drug for sale coupled with executive