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November, 2023 | Khurana and Khurana

Month: November 2023

Principle Of ‘Lex Fori’ As Under Hague Convention In Case Laws

Introduction In the United States, the Aérospatiale case highlighted the challenge of obtaining evidence from foreign countries for legal proceedings. The Supreme Court ruled that the Hague Evidence Convention doesn’t exclusively dictate procedures for gathering evidence abroad. Instead, it emphasized evaluating each request’s compliance with a U.S. court order without solely adhering to the Convention, … Continue reading Principle Of ‘Lex Fori’ As Under Hague Convention In Case Laws

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Mergers & Acquisition: An Overview

In the business world, two of the most misinterpreted terms are mergers and acquisitions. Although both terms are constantly used to describe the merger of two businesses, there are important distinctions in their applicable operation. When two distinct realities come together to form a single, new association, this is known as a merger. On the … Continue reading Mergers & Acquisition: An Overview

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Understanding Lex Fori In International Civil Procedure: Principles And Interplay

Introduction The dynamics of modern legal systems are increasingly characterized by the transnational nature of disputes, necessitating a profound examination of the principles guiding jurisdiction and procedure. At the heart of this inquiry lies the intricate interplay between Lex Fori, the law of the forum, and international civil procedure. Lex Fori, rooted in historical and … Continue reading Understanding Lex Fori In International Civil Procedure: Principles And Interplay

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Exceptions To The Lex Fori Rule- Lex Causae

INTRODUCTION Judicial procedure is the process by which the competent local authorities resolve disputes between parties. Its object is twofold: (1) To regulate the exercise of the jurisdiction by local authorities and (2) To end a legal dispute based on substantive law. To accomplish these two objectives, there are rules of procedure that deal with … Continue reading Exceptions To The Lex Fori Rule- Lex Causae

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Judicial Activism in India : The Emerging Trend

Introduction The Indian Judiciary is an autonomous body and it is one of the three main organs of the government that serves as a sentinel on the qui vivo when it comes to protecting the fundamental rights of the people and promoting social harmony among the citizens. In our constitutional scheme, the judiciary alone has … Continue reading Judicial Activism in India : The Emerging Trend

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Business Judgment Rule:Navigating Jurisprudential Diversity

Introduction The Business Judgment Rule (hereinafter, BJR) finds its historical roots in corporate law of United States of America (hereinafter, USA), with its earliest mention in the Louisiana Supreme Court’s judgment in Percy v. Millaudon.[1] It initially established that directors, as long as they fulfilled their duties diligently and acted in good faith, would not … Continue reading Business Judgment Rule:Navigating Jurisprudential Diversity

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Unveiling Dark Patterns: Analysing India’s Draft Guidelines for Prevention and Regulation of Dark Patterns

Introduction Protection of consumer rights and privacy is crucial in the continually changing digital world where online transactions are becoming an everyday occurrence. The Department of Consumer Affairs (DoCA), seeing the possibility of firms using deceitful and manipulative tactics, has made a major advancement in protecting customers from the dangers of “dark patterns.” Dark patterns … Continue reading Unveiling Dark Patterns: Analysing India’s Draft Guidelines for Prevention and Regulation of Dark Patterns

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Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

Factual Background A writ petition was filed by the Association of Priests registered under the M.P. Society Registry karan Adhiniyam 1973 before the Madhya Pradesh High Court in order to seek quashing of the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujaris were ordered to be deleted from the revenue record. The Ld. … Continue reading Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

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Retribution to Reformation: Analysis of the New Penal Law

Introduction The Indian criminal laws dated back to the times of colonialism and after around two centuries, a need was felt to revamp it. Therefore, in March 2020, the Central Government constituted a Criminal Law Reforms Committee (CLRC) that examined the Indian Penal Code (IPC), 1860 Code of Criminal Procedure, 1973 (CrPC) and the Indian … Continue reading Retribution to Reformation: Analysis of the New Penal Law

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HUMANS OF BOMBAY v. PEOPLE OF INDIA

Introduction The digital storytelling community is engrossed in a legal dispute between Humans of Bombay (HoB) and People of India (PoI) regarding copyright infringement. In this case, the defendant, PoI, runs www.peopleofindia.io, while the plaintiff, who is HoB, runs the well-known website www.humansofbombay.in. The central claims of this lawsuit are that HoB’s copyrighted content—which includes … Continue reading HUMANS OF BOMBAY v. PEOPLE OF INDIA

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