The 2019 Malayalam movie Jallikattu created quite a buzz when it became India’s official entry into the 2021 Oscars. Critics both domestically[1] and internationally[2] were high in praise about the storyline, the cinematography, the message and the ultimate delivery of it all of the film. However, the plotline of the film has nothing to do... Continue Reading →
Comparative advertisement, product disparagement and trademark infringement
Market competition is making brands go creative with ways they can better sell their product. Advertisements have become an essential aspect of running a business today. One such advertisement technique which has become common now is the art of comparative advertisement. This involves comparing one’s products or services rendered with that of another company’s products... Continue Reading →
Unconventional trademarks: protecting sound branding in India
Trademark is a type of intellectual property which recognizes a distinguishable mark, sign, design etc. which gives a unique identity to any product or service. A trademark may be owned by an individual or a business entity. This article is in reference to business owned trademarks. The marketplace competition is fierce and ever present and... Continue Reading →
Understanding willful death through analysis of historical jurisprudential debates
"To be or not to be, that is the question"William Shakespeare, HamletThis sentence is a part of a soliloquy where Hamlet ponders upon his miserable life and wonders if it would be a better option to die rather than living a painful death. Introduction Euthanasia is a term used to refer to the process of... Continue Reading →
The Indian Formula One case: understanding the concept of Permanent Establishment
Increased presence of cross-border economic activities have led to increase in tax challenges around the world. India is no exception. Normally, India applies the ‘resident rule’ for tax purposes. Which simply means that if an individual or corporation is a resident or is incorporated in India, its income is taxable in India. Additionally, the ‘source... Continue Reading →
Human Rights: Freedom of religion and right against religious discrimination, EEOC v. Abercrombie & Fitch Stores Inc [case comment]
Right to religious freedom is a fundamental human right which has been enshrined in several international human rights treaties such as Article 1 of the UN Charter[1], Article 18 of both the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) along with Article 27 of the ICCPR[2],... Continue Reading →
Lifting of corporate veil: judicial discretion on the ground of public policy
INTRODUCTION: The doctrine of corporate veil is a borrowed English legal concept that separates the actions of the company from the actions of the persons associated with the company. It originates from the concepts of Separate Legal Entity and Limited Liability which protects the people associated with the company from being jointly liable for the... Continue Reading →
Guns laws in India
During my previous internship under a criminal lawyer, I had asked sir whether he owned a gun. Now, if you’re like my mother, you might have had the impression that being a criminal defense lawyer makes to an enemy of a lot of criminals. This is not a totally unfounded fear, in fact sir told... Continue Reading →
Recognition of Parental Alienation syndrome: Vivek Singh v. Romani Singh
Introduction I have made it a personal quest to discover and learn more about the impact of mental health on the Indian legal system. Talking about mental health and how it affects not only individuals’ actions but by default their actions and therefore, the society at large. Laws are in place for otherwise, there would... Continue Reading →
Hair styling disaster, mental trauma and loss of employment: the Aashna Roy v. Yogesh Deveshwar case
We have all been in that situation where we go to get a haircut and it doesn’t turn out to be as amazing as we expected it to look like or the hairstylist just didn’t follow the instruction you gave them. However, barring the few most proactive ones, most of us just accept our fate... Continue Reading →
An analysis of the concept of Easements and its transfer under the Transfer of property Act,1882
Introduction Ever since the evolution of human societies, there has been a need for accumulation of resources essential for survival; food, water, etc. This was premised on the uncertainty of nature. Early humans did not have the guarantee of constant access to resources. Once we learnt how to grow crops, which served as a constant... Continue Reading →
A mission to decolonize courtroom etiquettes: How to properly address a judge?
“Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi My Lord! Par insaaf nahi mila” This famous Sunny Deol dialogue from the film 1993 Damini get gets the hoots and whistles from the audience whenever it is enunciated. Courtroom dramas and movies have always been successful in instilling a sense of justice, the... Continue Reading →
Anticipated comeback of pulp fiction
Introduction I have always been a avid reader of detective/crime fiction. Reading fiction however, has taken a back seat ever since college life started and along with it, brough its academic pressures. The pandemic gave us all a reason to stay inside and while some discovered new talents and hobbies, some went back to old... Continue Reading →
TWAIL Scholarship: A necessary pillar of international law [part 1]
This article is a two part series discussing the TWAIL scholarship and its contributions in legitimizing International Law. It also discusses the criticisms that the TWAIL scholarship faces and delves on the question which are the third world countries and whether there is a need for TWAIL scholarship anymore.
TWAIL Scholarship: A necessary pillar of International law [part 2]
part 2 further carries forward the discussion on importance of TWAIL scholarship that started in part 1
Article 13: Scope and interpretation
“Law and order are the medicine of body politic and when the body politic gets sick, medicine must be administered.” -B.R Ambedkar Fundamental rights are an integral feature of the Indian constitution. It seeks to protect certain basic rights of Indian citizens. Article 13[1] of the Indian constitution upholds the validity and supremacy of... Continue Reading →
Validity of prenuptial agreements in India
A prenuptial agreement or also commonly known as a prenup is a contract that a prospective bride and groom or civil union between people who intend to marry enter into. The contract may contain various terms relating to different aspects of the relationship, however, it is most widely used for the setting down agreements regarding... Continue Reading →
Tax Avoidance and Tax Evasion: How the judiciary understands the difference
Tax is a mandatory charge paid by a citizen of a country to the government to funds for undertaking public projects incurring expenditures. A default in payment of taxes may amount to tax avoidance or evasion. Understanding the difference between tax evasion and tax avoidance is essential as one of them is punishable by law... Continue Reading →
The plight of female comedians in India
The other day whilst chit-chatting with a friend of mine, we got into the topic of discussing a new stand-up comedian that I had discovered and how funny his jokes and observations were. As the conversation went on, I told my friend about the lack of female representation in India’s comedy scene. To which, with... Continue Reading →
Reservations for Other Backward Classes: The Past, Present and Future
Introduction India is a land of numerous communities. Some were historically more dominant than other, creating generations of opportunities for some at the cost of oppression of others. Reservations have been a heavily debated topic for years. While some are ardent supporters of implementation of affirmative policies for the upliftment of disadvantaged communities, there are... Continue Reading →
Aishwarya Sandeep 