Published inLegis Sententia·PinnedTHE ROLE AND DUTIES OF COMPANY PROMOTER VIS-À-VIS PRE-INCORPORATION CONTRACTS — A CRITICAL ANALYSISBy Chandan Kumar and Anushka Kashyap ABSTRACT The promoters perform the incorporation function and bring the company into existence. It also conceptualizes the idea of a company and the purpose of its formation. But there is a number of legal consequences in relation to the promoter and pre-incorporation contract as it enters into a…Contracts14 min readContracts14 min read
Published inLegis Sententia·PinnedCodification over Universality: An Alternative Approach to the issue of a Uniform Civil CodeBy Raunak Rai Maini — Break down the Mosque, Break down the Temple, Break everything that can be broken, But don’t break somebody’s heart, For in hearts does God reside - Bulleh Shah Venturing on a philosophical albeit poetic note, I shall attempt to discuss the apparent conflict between these two ideas that form the…Public Law7 min readPublic Law7 min read
Published inLegis Sententia·Updated Sep 7OTT GUIDELINES, SELF-REGULATION, AND FREEDOM OF EXPRESSION- A CRITIQUESarbesh Chaudhury Abstract In the age of social media and the pandemic, online content provided across the OTT Platforms is an evolving, updating and expanding source of entertainment. However, owing to the presence of certain polarizing content, which had sparked controversies in the recent past, the Ministry of Information and…OTT15 min readOTT15 min read
Published inLegis Sententia·Sep 11, 2022M/s. Pearson Drums & Barrels Pvt. Ltd. v. General Manager, IndusInd Bank: A Limited AnalysisBy Atreya Chakraborty — INTRODUCTION In the following discussion, the author would like to deliberate on the limited yet seemingly decided question regarding maintainability of writ petition against private banks, which arose during the adjudication of a writ petition, namely, M/s. Pearson Drums & Barrels Pvt. Ltd. v. General Manager, IndusInd Bank & Ors.¹…Writ11 min readWrit11 min read
Published inLegis Sententia·Aug 28, 2021Profession of Prostitution in India — Legal in Letter but Illegal in Essence?By Simran Parmar & Bandita — INTRODUCTION Public Policy is simply what a government does or does not about a problem that comes before them for consideration and possible action. Prostitution is one such public policy which requires attention. According to a report by Human Rights Watch, there are over 20 million sex workers in India.¹…Criminal Law14 min readCriminal Law14 min read
Published inLegis Sententia·Aug 3, 2021Rethinking the Judicial Appointments in the Indian ConstitutionBy Arushi Dokania — Introduction A Judiciary that is independent, transparent, committed to the rule of law and to the equality of its citizens is the cornerstone of any democratic institution. A Judiciary that works without fear and favour is the sine qua non of a democracy. Dr. Ambedkar had once stated that “our…Public Law15 min readPublic Law15 min read
Published inLegis Sententia·Jun 21, 2021Principle Of Causation: A ReviewBy Avantika Tewari — Introduction For an act to qualify as a criminal offence, it has to have 3 elements— mens rea, actus reus and causation. While mens rea and actus reus refer to guilty mind and guilty act respectively, causation, in criminal law, refers to the causal relationship between the actus reus of…Criminal Law14 min readCriminal Law14 min read
Published inLegis Sententia·Jun 10, 2021Supreme Court Advocates on Record Association v. Union of India — Case NoteBy Danda Sai Shubham — Introduction Parliament passed two Acts, the Constitution (Ninety-ninth Amendment) Act of 2014 and the National Judicial Appointments Commission Act of 2014¹, to create a National Judicial Appointments Commission (NJAC) for the selection, appointment, and transfer of judges to the higher judiciary. It will take the place of the current Collegium…99th Amendment11 min read99th Amendment11 min read
Published inLegis Sententia·May 31, 2021Compulsory Share Transfer Provisions - A Tool To Oppress Minority?By Mohit Sharma — Abstract Corporate Governance refers to the set of practices through which a company is governed. In India, there are various compliance requirements under Companies Act, 2013 and SEBI (LODR) Regulations, 2015, for a company from the point-of-view of corporate governance. Some of these requirements are appointment of independent directors, prior…Commercial Law10 min readCommercial Law10 min read
Published inLegis Sententia·May 26, 2021Widening Juvenile Net? A Critique of Ambiguous Classification of Age of Culpability Under Juvenile Justice Act, 2015By Deepak Singh — I. Introduction The Parliament of India passed a Juvenile Justice Act 2015 (hereinafter “JJ Act”), repealing the older act to punish juvenile offenders aged between 16–18 years for any heinous offence committed by them. The well-known known case of Nirbhaya in 2013 acted as a catalyst to the drastic change…Criminal Law7 min readCriminal Law7 min read
