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Showing posts from June, 2020

Motor Accident Claim Cases: Analysis in the light of a landmark judgment

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The authors of this blog are Komal and   Rajeev Ranjan  Central University Of South Bihar  Ba Llb (Hons.)  (4 th Semester). “Justice Delayed is Justice Denied”                                                       – William Ewart Gladstone The above-quoted maxim emphasizes the meaning of delayed justice. It takes years in the settlement of cases in our judicial system. In this article, we present a recent example when the Apex Court of our country gave a landmark judgment and tried to resolve the issue of delayed practice in deciding the motor accident claims cases. We also most humbly put forward some more reforms needed and some lacunas in the judgment. The case dealt with is M.R. Krishna Murthi vs The New India Assurance Co. Ltd [1] and was decided by the Hon'ble Supreme Court on 5 March 2019. Facts of the case In this case, the appellant M.R Krishna Murthi is a practicing advocate. In 1988, at the age of 18 years, he met with an accident in which

AYUSHMAN BHARAT SCHEME: A BLESSING IN DISGUISE

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The author of this blog is  Mr. Samarth Garg  pursuing B.A.L.LB (HONS), 1st Year student at Maharashtra National Law University, Mumbai. The entire world is fighting the pandemic, leading to a global lockdown. The virus had taken lives as well as a means of livelihood. The virus is incessant and proving to be fatal. With no vaccine ready yet, people are forced to stay at home. Globally the virus has affected around 82 lakh people while deaths are about 4.2 lakh [1] . Countries which have highly developed medical infrastructure even have failed to cope with the virus. The countries are falling short of doctors, medical staff and equipment required for the treatment. Countries globally are working hard to find a vaccine or a cure as soon as possible but the virus is unknown and even reversing the virus is not helping. The researchers have to make a vaccine from scratch, and it is believed that the vaccine may come by the year-end. India was very fast in imposing a nat

Admissibility Of Open Source Information In ICC With Reference To The Bemba Case

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 The author of this blog is  Jitesh Kadian , Research Scholar, JNU NCR-Haryana.  Introduction The admissibility of the open-source information in the International Criminal Court is a debatable topic. After the judgment of the Bemba Case the scenario of the admissibility and reliability of the open-source the information has changed a lot. The research paper focuses on the admissibility of the open-source information in the International Criminal Court with reference to the Bemba case.  The topic of the research paper is the Admissibility and The credibility of Open Source Information in the International Criminal Court. Open Source Information is information that is available publicly. It can be accessed without taking any legal measures like seeking a warrant or employing other legal methods. Open Source information includes the information which is shared, created, or collected by journalists and media houses, political and military organisations, state organisations, c

UNDERSTANDING COGNIZANCE: IN RE VINUBHAI JUDGMENT

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 The author of this blog is Shivanshi Gupta  3 rd B.Com LL.B Year student of  Institute of Law, Nirma University. The meaning of the term cognizance is not defined anywhere, it is interpreted by various judicial pronouncements. One of the earliest definitions of term cognizance was given in the case of Tularam vs. Kishore 1977 [1] where the court held that taking cognizance means the judicial application of mine of the magistrate to the facts and circumstances of the case present before him and make himself fully aware of the allegations made and decide to test the validity of such allegations. If this makes a prima facie case, the magistrate passes, and orders. This stage is known as cognizance. Section 190 CrPC mentions the cognizance of offenses by the magistrate. It can only be taken by the judicial magistrate. There are three modes to take cognizance are mentioned in section 190 under clauses – By a complaint, clause b- Via a Police The report, and clause c- Based on th

The Criminalisation of Sexually Explicit Conversation: A Constitutional Perspective

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 The author of this blog is   Manik Mahajan,  LL.B 2 nd  Year  Department of Laws, Panjab University, Chandigarh. Introduction Internet and Information Technology has become an indispensable part of the life of every human being in contemporary times. The very existence of a human being is somewhat dependent on the internet as it has become a preferred mode of communication, banking, news, shopping, education and even contacting and interacting with the government. It has revolutionised not only the life of a human being but has also been one of the factors for the growth of the business. Report by the Internet And Mobile Association of India (IAMAI) indicates that there were 451 million active internet users in India as in 2019 [1] . With such a large user base, India has the second-highest number of internet users in the world after the Republic of China [2] . Most of the active internet users today are connected with each other by means of social networ