This post has been authored by Hiral Chandrakant Jadhav- Panchal EVOLUTION OF BASIC STRUCTURE DOCTRINE 1. A.K. Gopalan v. State of Madras (1950) In the A.K. Gopalan v. State of Madras (1950) case, the Supreme Court interpreted the Fundamental Rights under Part III of Indian Constitution. In this case, it held that the protection under Article 21 is […]
The concept of rule of law finds its origin in the rulings of Chief Justice Sir Edward Coke[1] wherein he emphasised the significance of the King being under the law. However, it was only later that A. V. Dicey in his book: Introduction to the study of the Law of the Constitution, 1885[2], tried developing […]
Privacy has been considered an international human right, as is enumerated under Article 12 of the Universal Declaration of Human Rights[1] and Article 17 of International Covenant on Civil and Political Rights.[2] India being a signatory to these international instruments, is under an obligation to protect privacy of the individuals. The current legal framework in […]
Ritika Private Ltd. vs Biba Apparels Pvt Ltd. 230 (2016) DLT 109 Delhi High Court Judges: Justice Valmiki J. Mehta Applicable law: Section 15 of the Copyright Act, 1957 Did you know: In order for the owner of a design to enjoy protection under the Designs Act, 1911, it is necessary that the design be […]
The influence of Information and Communication Technologies (referred to as ‘ICTs’ hereafter) on society goes far beyond establishing basic information infrastructure. It has proven to be a foundation for development in the creation, availability and use of network-based services. It has played the most significant role in transforming the world we live in. Although ICTs […]
Originally proposed by the European Commission in 2012, the EU GDPR[1] came into effect on 25th May 2018. It is intended to harmonize privacy and data protection laws across Europe. It further aims to provide a framework to ensure that the data subjects have control over their personal data. The provisions are GDPR are applicable[2]– […]
Delhi High Court Judges: Justice Badar Durrez Ahmed Applicable law: Copyright Act, 1957 Did you know: ‘Meta-Data’ is like a digital footprint, which allows a person to assess what tools and code have been used to develop a particular website Where it all began: Drug Company is engaged in the manufacture and sale of Ayurvedic […]
Before analysing the role of precedent in the development of law and society, it is important to understand what constitutes a precedent. According to Gray, it “covers everything said or done which furnished a rule for subsequent practice”[1]. According to Keeton, it is a “judicial decision to which authority has in some measure been attached”.[2] […]
