Section 17A of PC Act and the Supreme Court: Split Verdicts, Pending References, and Judicial Restraint

INTRODUCTION Judicial decorum, propriety and discipline require that one should not ignore it. Our system of administration of justice aims at certainty in the law and that can be achieved only if Judges do not ignore decisions by Courts of coordinate authority or of superior authority . The Supreme Court’s split verdict in Centre for […]

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Unsettled Law: Ambiguities in ‘Grievous Hurt’ Under the Bharatiya Nyaya Sanhita

  As India navigates a transformative phase in its criminal justice system with the coming into force of the Bharatiya Nyaya Sanhita (BNS), 2023, several foundational questions have begun to surface. Among the most pressing are those concerning the interpretation of “grievous hurt” and the proportionality of punishments prescribed for such offences. A close and

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Tamil Nadu Governor’s Case – Drowning The Plain Meaning

The finding of the Hon’ble Supreme Court in The State of Tamil Nadu v. The Governor of Tamil Nadu with respect to the constitutionally stamped avenues available to the Governor pursuant to Article 200 of the Constitution when a bill is presented to him appears to serve justice to the problem. However, does it equally

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Justice on Hold – The Irreversible Harm of Unchecked Police Custody

Freedom of movement is not just a legal concept, it is central to personal liberty. In Maneka Gandhi v. Union of India  , the Supreme Court described it as a cherished right essential to human development. Yet, like all rights, it is not absolute. The law permits restrictions through due process, most commonly in the

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Article XIII of the Aircraft Protocol and Its Impact on Secured Transactions in Aviation Financing: A Contemporary Analysis

The demand for international air travel has surged over recent decades, prompting economies worldwide to expand and modernize their aviation sectors. Despite increasing passenger traffic, airlines continue to face critical financing challenges due to the high costs of aircraft acquisition, maintenance, and operation. These challenges are amplified during insolvency proceedings, where the absence of effective

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Constitutional Powers of Supreme Court Under Article 142: Critical Analysis

  Recently, the President had sought the opinion of the Supreme Court in its presidential reference containing 14 questions interlinked with the constitution of India. Inter-alia, reference question no.10 flags confusion pertaining to the limits of the power of the Supreme Court while exercising its powers under Article 142 of the Constitution, i.e., whether the

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Call for Paper: Lex Erudites Annual E-Journal

We are now accepting submissions for the Lex Erudites Annual E-Journal (2024). Authors are invited to submit manuscripts that focus on socio-legal issues and explore national and international developments in the field of law and society. Submission Requirements: Authors must submit both an abstract and the full manuscript together through our platform, accessible via the

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International Mediation Conclave by Lex Erudites, School of Law at Mahindra University and Grayspace Law & Policy Consulting

Lex Erudites is delighted to announce the organization of the International Mediation Conclave in collaboration with the School of Law at Mahindra University and Grayspace Law and Policy Consulting. This prestigious event is set to take place in Hyderabad, India, from August 8th to 11th, 2024. The Conclave will gather a diverse group of dispute-resolution

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3rd International Lex Erudites Student Mediation Competition in collaboration with Newcastle University, UK

Lex Erudites is delighted to announce the 3rd International Student Mediation Competition, a collaborative endeavour with Newcastle University, UK. This competition is meticulously scheduled to transpire in a virtual format, spanning from December 1st to 2nd, 2023. Building upon a legacy of prosperous competitions, we anticipate that this year will be even more captivating and

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Karnataka High Court Ruling: Skill-Based Online Games Not Taxable as ‘Betting’ and ‘Gambling’ – Examining the Legal Landscape and Regulatory Updates

In the case of Gameskraft Technologies Private Limited Versus Directorate General Of Goods decided on 11/05/2023, the Karnataka High Court has ruled that online/electronic/digital Rummy games and other online/electronic/digital games played on Gameskraft’s platforms are not taxable as “betting” and “gambling.” The issue at hand was whether offline or online games like Rummy, which are

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