Published in Legis 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 read
Published in Legis 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 read
Published in Legis 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 read
Published in Legis 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 read
Published in Legis 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 read
Published in Legis 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 read
Published in Legis Sententia·May 23, 2021The Clothed Interpretation Of Sexual Assault Against Children In IndiaBy Kanika Arora — Since the enactment of The Protection of Children Against Sexual Offences (POCSO) Act in 2012, India has seen unprecedented momentum towards safeguarding the interests of children against sexual abuse. The gravity of sexual offences committed against children has been well-acknowledged by the legislature through POCSO Act which provides for stringent…Criminal Law11 min read
Published in Legis Sententia·Oct 20, 2020Technological Turmoil: Legal Validity of Banning Chinese Apps in IndiaBy Ananya Bose — Introduction “A nation’s ability to fight a modern war is as good as its technological ability” ~ Frank Whittle. India’s unilateral action of stripping Kashmir of its special status of autonomy back in August, 2019 to usher the new dawn of “peace and development” resulted in shaking up the tentative…Chinese App9 min read
Published in Legis Sententia·Oct 18, 2020Aircraft Acquisition Contracts and Force Majeure: A Way Out for Airlines?By Rushika Rabha — Introduction The Covid-19 pandemic has thwarted the operation of businesses across the globe, causing them considerable hardship in performing their obligations under their contracts. Complications have been brewing in the aviation sector since March when the government had begun to impose travel restrictions, thereby causing the airline companies to halt…Aircraft Maintenance10 min read
Published in Legis Sententia·Oct 15, 2020Republic Of Three “C” — Criticism, Contempt And ConstitutionBy Adwitia Maity & Soumajit Majumder — Introduction Contempt of Court is machinery used by Judiciary to protect themselves from unwarranted attacks and criticisms, and punish those making an attempt to lower their authority and prestige. In light of the recent incident of Supreme Court of India initiating a suo moto criminal contempt proceeding against Prashant Bhushan…Criticism9 min read
