Category: Case Comment

The “monte confurco” case (Seychelles v. France) prompt release

April 22, 2016 Lex-Warrier No Comments

Jayant Mudgal, Student of Law, Amity Law School-I Facts ((Paras 27-42 of the Judgment, Text of the judgment can be found in Digest of International Case Law, UN Oceans Affairs and Law of the Sea, pg. 197, United Nations Publications (2007).)). Monte Confurco, was a fishing vessel, which had flag of state of Seychelles, and…

Case Comment, Journal, Opinion

Fundamental rights and frequencies: Right to broadcast

December 2, 2015 Lex-Warrier No Comments

Chintan Nirala, 4th Year, B.A., LL.B(HONS.), Faculty of Law, Allahabad University Frequencies or Signals are an indispensable requirement for Communication, Media, Entertainment, or Technology. In other words, it is sine qua non for CMET. They may be unsuccessful in serving their purpose without the involvement of frequencies. It is the part of technology through which Entertainment,…

Case Comment, Journal, Opinion

The rights and the wrongs of death and life

September 15, 2015 Lex-Warrier No Comments

Arpitpushp Chaturvedi and Utkarsh Jain The paper we have written attempts to explore the dilemma and irony surrounding the section 309 of the Indian Penal Code. The section deals with the criminalization of attempt to suicide. Our paper discusses whether section 309 of the IPC should be unconstitutional, thus, indirectly granting a right to death…

Case Comment, Journal, Opinion

Armed Forces Special Power Act and women safety

September 8, 2015 Lex-Warrier No Comments

Maitri Tandon, Student of Law, Symbiosis Law School ABSTARCT This research paper concerns in itself the scenario of the northeastern and the northern states of our country, India after the inception of the Armed Forces Special Power Act. The researcher has penned down her own views on, what should be the ambit of area in…

Case Comment, Journal, Legislative Comment, Opinion

Ashoka Kumar Thakur v. Union of India

February 5, 2015 Lex-Warrier No Comments

A curious case of judicial indiscipline Gautam Mohanty, Student of Law, National Law University, Odissa The vicissitudes of the law of reservation were duly set about and demarcated in the case of Indira Sawhney v. Union of India ((Indira Sawhney v. Union of India, AIR 1993 SC 477)). The judgment of nine judges collectively with…

Case Comment, Opinion

Novartis AG v. Union of India and Glivec patenting

December 22, 2014 Lex-Warrier No Comments

Reasons, Results and Repercussions of India’s fight against evergreening Preena Salgia, Student of Law, NLIU, Bhopal Glivec, an anti-cancer drug developed by the pharmaceutical giant Novartis, created a furore in the Indian drug industry when its patent application was rejected by the highest court of appeal in the country. The rejection was largely a result…

Case Comment, Journal, Opinion

Case Analysis: In re Roslin Institute (Edinburgh)

December 19, 2014 Lex-Warrier No Comments

Aastha Tushar Mehta & Bandhan Umesh Sheth ((Students of Law, GNLU, Gandhinagar)). Cloning is seen as one of the marvels of scientific inventions, and a stride ahead in the field of biology. First ever produced mammal clone was “DOLLY” the sheep which was created by Keith Henry Stockman Campbell and Ian Wilmut, by a process…

Case Comment, Journal

Fatwas have no legal standing: Supreme Court

August 12, 2014 Lex-Warrier No Comments

Dr. Ravishankar K. Mor, Asst. Prof., Dept. of law, Yeshwant Mahavidyalaya, Wardha VISHWA LOCHAN MADAN Vs UNION OF INDIA & ORS. (W.P. (civil)No. 386/2005) Date of Judgement 07.07.14 OPPORTUNITY LOST Petitioner alleges that all Fatwas have the support of All India Muslim Personal Law Board and it is striving for the establishment of parallel Muslim judicial…

Case Comment, Mohammedan Law, Study Materials

Tracing official bias from Gullapalli to Doctrine of necessity

June 25, 2014 Lex-Warrier No Comments

Palak Gupta, Student of Law, Gujarat National Law University It is the spirit and not the form of law that keeps justice alive. ~ Earl Warren. Natural Justice is an important concept in administrative law. In the words of Megarry, J. ((John v. Rees, (1969) 2 All ER 274: (1970) 1 Ch D 345))it is…

Articles, Case Comment, Constitutional Law, Election Laws, Interpretation of Statutes, Jurisprudence and Legal Theory, Study Materials

Professional Educational Institutions: A Profit Making Industry

August 15, 2010 Lex-Warrier No Comments

Author: VS Warrier

For over a decade, there has been growing concern that opportunities for higher education to the weaker/minority sections of the society are rapidly getting eroded. The persistence of inequities is manifest in local and regional disparities of access, gender discrimination, non-affordable fee structures, confusing eligibility requirements, bewildering admission procedures, reduced government support, unabashed commercial practices, and lack of socially sensitive government policies on higher education. More opportunities are available to the urban population and those with higher economic status.

Case Comment, Constitutional Law, General Reading, Study Materials