Month: November 2020
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Balancing the admittance of illicitly obtained evidence through the lure of the remedy provided by the poisonous fruit
Introduction At times, the functionaries of the state may indulge in illegal methods for obtaining evidence in their zeal to bring the culprits to book. The evidence may be reliable, yet it raises the question of admissibility because it is tainted with illegality. The Indian Evidence Act does not give an answer to this question,…
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Protecting the IP Rights associated with the Pride Flag: A vanquished dream?
HISTORICAL BACKGROUND A few months ago, in June, Pride Month was observed all across the globe. Amidst the raging pandemic due to the novel coronavirus, the usual forms of pride walks, meetings and demonstrations were replaced almost in all the countries by video conferences, telephonic discussions, webinars to raise awareness, and the like. The year…
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Right to Water in India: Entitlement without Obligations
Water is undisputedly indispensable for human existence. Internationally, right to water has been interpreted as right to access water, implying water to be an economic good[1]. This implies that the State is obligated to only provide the means to supply water but it treats water as a commodity that should be ‘affordable to all’. In…
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Universal Basic Income for Migrant Workers amidst the COVID-19 Pandemic: Examining the Feasibility in India
Introduction The issue of migrant workers has plagued the world, and largely the South Asian Region, in lieu of the lockdowns issued, owing to the outbreak of the COVID-19 pandemic, which has resulted in suspension or closures of multiple institutions and businesses and rendered many migrant workers unemployed, without a regular income. This has had…
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Evidentiary Standards under Section 3(3) of The Competition Act, 2002
Section 3(3) of The Competition Act, 2002, deals with anti-competitive agreements between enterprises that are engaged in the same trade. To satisfy this provision, all that needs to be proved is the existence of an agreement, a decision or a practice carried on, that would lead to any of the anti-competitive outcomes mentioned in clause…
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Precisely why the actions in Rajya Sabha lacked presumptive legitimacy
The passage of two of the three farm bills (now Acts) last month, find no legal basis in the framework of rules and conventions accepted by the Rajya Sabha. Such a departure is not only unusual, but also unprecedented. The mode of passage of two bills, namely the Farmers’ Produce Trade and Commerce (Promotion…