LEX ASPIRANTS

In this rapidly evolving world, society is developing at a rapid pace. The increased use of Artificial intelligence and its growth has not only affected the day-to-day affairs of the people, but also the government and the judiciary. Nowadays, an individual begins their day by engaging in Social media. The rapid growth of Social media influencers and destroyed the individual thinking capacity of a person. Even the food culture of an individual is decided by food vloggers.   Media Trial refers to the high-profile legal cases that receive extensive media coverage and social media campaigns. The over-involvement of the media creates massive decision-making, which creates a prejudiced mind in the entire judicial process. Recently, in the case of Dileep’s Verdict, the media and the vloggers are reacting before publishing the Judgment. Their guesswork and hidden interest, and exaggerated opinions tempt the individual's thought process and radical reasoning. Each media is crea...

First of all I would like to draw the significant importance of the will and other documents, A will is one of the most solemn documents known to law. Unlike other documents, the testator who had departed the temporal state cannot be called to confirm the genuinity of the Will. Hence trustworthy and unimpeachable evidence is insisted to establish the genuinity and authenticity of a will.The onus of proving the will is on the propounder. Regarding the statutory norms: Section 63 of the Indian Succession Act deals with the procedure to proof the execution of a will.The same need to be proved atleast through one of the attesting witness, if the attesting witness are alive. Hence the statutory provision make it incumbent for a document required by law to be attested to have its execution proved by atleast one of the attesting witness, if alive and subject to the process of the court conducting the proceedings involved and is capable of giving evidence. But the above said statutory norms is...

Right to be forgotten is the right of every individual not to be injured out of another’s acts of constant recalling of past deeds. Now the above said doctrine has been used to uphold the reputation of persons by removing the private information about him from internet sites and social Medias. Shakespeare made it clear in Othello: Act II, Scene iii that a good name, or reputation, is valuable for its owner. Stealing the reputation of one, does not make another rich. But he, who loses reputation, suffers damage. In 2019, through the personal date protection Bill the right to privacy has been a legally accepted recognizable right. But the bill has not been passed yet. After the decision on ‘Right to Privacy’ rendered by the Supreme Court of India in J. KS Puttaswami v. Union of India,  (2017) 10 SCC 1 , various High Courts upheld the rights arising from ‘right to be forgotten’, based on the dogma on ‘Right to Privacy’. The following are the land-mark decisions on ...

The purpose of the capital punishment is to develop fear in the mind of people and it operates as ominous warning to the public. The so called punishment is given to those offenders who are incurable, and thereby prevents repetition of crime as it is in the interest of the society. The legislative history with regard to criminal punishment shows that there has been significant change in thinking and approach. Prior to 1955 , normal rule was to impose sentence of death on a person convicted for murder and if lesser sentence was to be imposed, the court was required to record the reason.   In 1955 , court is free to award either death or life imprisonment and life imprisonment was the rule and death sentence is the exception .   In 1973 – judgment shall state the reasons for giving life imprisonment and special reasons for death penalty. In 1980 the landmark decision – bacchan Singh v. state of Punjab. – Court held that death penalty is constitutionally valid and not ...

  The Supreme Court has reiterated the time limit for filing of the written statement under Order VIII Rule 1 of Code of Civil Procedure is not mandatory (if it is not a commercial suit) in recent case Bharat Kalra vs Raj Kishan Chabra. In this case, a suit for injunction was filed by the plaintiff. The High Court upheld the Trial court order refusing to condone the delay of 193 days in filing of the written statement on the ground that there was "no plausible explanation and coherent reason" explaining the delay in filing the written statement. In appeal filed by the defendant, the Apex Court noted that the suit for injunction filed by the plaintiff is not the one which is governed by the Commercial Court Act, 2015. "Therefore, the time limit for filing of the written statement under Order VIII Rule 1 of CPC is not mandatory in view of the judgment of this Court reported as ' Kailash V. Nankhu & Ors.' reported in (2005) 4 SCC 480. In view of the aforesai...

The concept of secularism mentioned in the preamble of the Constitution considers secularism as neither anti God nor pro god, it treats alike the devout, the antagonistic and the atheist. Worshipping God should be according to the dictates of one's own conscience.  In Aruna Roy v. Union of India ,  court quoted gandhiji who said "The real meaning of secularism is sarva dharma sambhav meaning equal treatment and respect for all religions. But we have misunderstood the meaning of secularism as sarva dharma abhav meaning negation of all religions". On 2 December 1948, Dr Ambedkar acknowledged that religious conceptions in India “cover every aspect of life, from birth to death”. However, he added, “There is nothing extraordinary in saying that we ought to strive hereafter to limit the definition of religion in such a manner that we shall not extend it beyond beliefs and such rituals as may be connected with ceremonials which are essentially religious.” Essentially religious’ ...

  The three-judge bench of Supreme Court comprising of Chief Justice N.V. Ramana and Justices A.S. Bopanna and Hima Kohli clarified two important positions of the law relating to the offence of Robbery under the Indian Penal Code in the case Ram Ratan v State of Madhya Pradesh. The trial court convicted the appellant along with two co-accused under Sections 392 and 397 of the Indian Penal Code, 1860 read with Section 11/13 of the Madhya Pradesh Dakaiti Aur Vyapharan Pravbhavit Kshetra Adhiniyam 1981 Act. The question that came up for the Court's consideration was whether the charge under Section 397 of IPC would hold in case the firearm had not been put to use ? Arguments by the Counsels : The counsel for the appellant contended the firearm even if was proved to be carried, had not been used and as such the charge under Section 397 IPC would not lie. Further, even if the incident of robbery is proved against the appellant there is no evidence which states that he used...

  Most of us view privacy as an individual right.Time has come to look beyond. Priscilla M Regan in her seminal work “Legislating privacy”,  highlights the importance of developing and understanding of the social importance of privacy.She conceptualizes privacy as a value and as a goal of public policy. In this case,  A Petition filed under Article 226 of the Constitution of India,to issue a Writ of Mandamus to direct the second respondent to issue a No Objection Certificate to the petitioner to run a “SPA”. The petitioner herin is running a Spa in the name and style of “Queen Ayurvedic Cross Spa Centre” at Trichy. Originally, there was no law regulating the said business and no license was required from any governmental authority. Since vide Gazette Notification No.252 dated 16.07.2018, obtaining of license has been made mandatory, the petitioner applied for such license. Since no action was taken on his request, he filed this writ petition for directing the police au...

  The judgment of a two-judge bench of the Apex Court in  Laxmibai Chandaragi B. v. State of Karnataka, (2021)3 SCC 360 , which was delivered on February 8, 2021, whereby the police officials were directed to devise guidelines and train the Police on how to deal with socially sensitive cases like inter-caste marriages. The fact of the case is that a woman from State of Karnataka and a man from State of Uttar Pradesh fell in love with each other, while they were pursuing their professional careers. Consequently, they both married each other in Delhi and later they set up their marital home in Uttar Pradesh. The woman's father lodged a missing complaint with Karnataka Police. Based on this complaint, the Police officer called the woman, who was residing in Uttar Pradesh, to come to Karnataka and record her statement so that they could close the case if it was a consensual marriage. The woman expressed her unwillingness to come to Karnataka as she felt threat to her life from ...

  Case Summary: State of UP V. Nawab Hussain CITATION : (1977) 2 SCC 806: AIR 1977 SC 1680 BENCH : HON’BLE JUSTICE P.N. SHINGHAL INTRODUCTION The Appeal deals with the sub-set of the principle of Res Judicata that is Constructive res judicata mentioned in the explanation IV and V of the section 11 of the civil procedure code.  It states that if a plea is filed by a party in a proceeding between him and the defendant, he will not be allowed to take the pleas against the similar parties in the later proceedings with respect to the same subject matter. FACTS An anonymous complaint was filed against Nawab Hussain, the respondent who was a confirmed police sub inspector in Uttar Pradesh. The complaint was investigated by Inspector Suraj Singh who submitted his report to superintendent of the police. Perhaps two cases were registered against the respondent, one was under prevention of corruption act and the other was under the Indian Penal Code. Due to which he was dismi...