The legality of Seed Patenting under the Patents Act 1970 and TRIPS Agreement : A Study
Legally Layman
by Legally Layman
3y ago
By Monalisha Singh, Student, 3rd Year, Chanakya National Law University Patna ____________________________________________________________________________ India is well known for its agricultural and farming activities, as the majority of the country’s population adopted agriculture as an occupation. A seed is the basic unit of plant life. Farmers in India have sown seeds, harvested crops and stored some of those harvested seeds for their neighbors’ potential use or trade. The productivity and efficiency of agricultural production has improved enormously with the advancement of technology and ..read more
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Defining the borderline dispute between Free Speech and Hate Speech : An Appraisal with reference to Stand-up Comedy Shows
Legally Layman
by Legally Layman
3y ago
By Monalisha Singh, Student, Chanakya National Law University, Patna Indian Perspective : Hate Speech We can very well recognize that when the right to freedom of speech and expression was first adopted in the Constituent Assembly, there were demands to curb this freedom that led to the Constitution (First Amendment) Act, 1951 and the Constitution (Sixteenth Amendment) Act, 1963, which incorporated separate reasons for enforcing limitations pursuant to Article 19(2) of the Constitution. The appalling state of affairs is that in any of the country’s legislation, Hate Speech has not been establi ..read more
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Royalty paid by Radio companies to Music Labels – Current Legal Position in India
Legally Layman
by Legally Layman
3y ago
By Monalisha Singh, Student, Chanakya National Law University, Patna __________________________________________________________________________________________________ A temporary order upholding the status quo of the royalty rate for radio transmissions under statutory license has been passed by the IPAB in a major development. This was accompanied by a public notice requesting suggestions from stakeholders about IPAB’s setting of royalty rates. Section 31D, read in accordance with Rule 31 of the 2013 Copyright Rules, allows IPAB to give a notice of its intention to set royalties separately f ..read more
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Media Trials – Tracing out its journey in Indian context
Legally Layman
by Legally Layman
3y ago
Tanvi Kapde, Student, 5th Year, Kirit P. Mehta School of Law, NMIMS University Mumbai __________________________________________________________________________________________________ In recent times, the freedom of press and speech used by the media has turned into a term now popularly known as the ‘Media Trial’. It would essentially mean the intervention of media into the under-trial cases. Freedom of speech and expression is incorporated under Article 19(1) of the Constitution of India, which allows circulation of one’s views by word of mouth or in writing or through audio-visual networks ..read more
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Disability in India – A Legal Analysis
Legally Layman
by Legally Layman
3y ago
By Sania Gupta, Student, School of Law, Christ University _______________________________________________________________________________________________________  “Disability need not be an obstacle to success” – Stephen Hawking  Disability led to various forms of prejudice, bias and discriminatory practices around the world. It can be considered as one of the contemporary aspect of society which needs our attention as responsible citizens of the society, it led to the stigmatization of people which contributed to their stagnant growth and development in all spheres of life, includin ..read more
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Article 356 and Judicial Overreach : A Critical Analysis in light of the Ongoing A.P. High Court Order
Legally Layman
by Legally Layman
3y ago
By Shrishti Verma, Student, Symbiosis Law School Hyderabad _____________________________________________________________________________________________________________ Recently the Andhra Pradesh High court was hearing the petition of Habeas Corpus filed by a detained individual. Subsequently, the Andhra Pradesh High Court ordered the current Andhra Pradesh government seeking to respond on whether there is a situation of “constitutional breakdown” in the state. The Andhra Pradesh High Court then approached the Supreme Court while challenging the impugned order after contenting that there is t ..read more
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Witness Protection Laws vis-a-vis Sexual Offences in India- A Glimpse of Lawlessness
Legally Layman
by Legally Layman
3y ago
By Shristi Gupta, Student, Chanakya National Law University, Patna _____________________________________________________________________________________________ According to Jeremy Bentham, “Witnesses are the eyes and ears of justice”. The right to a fair trial has been recognized as the heart of the Criminal System and witnesses are regarded as one of the most essential elements of it. In the case of Rattiram Vs. The state of MP [1], Hon’ble Supreme Court has recognized fair trial as one of the fundamental rights emerging from Article 21 of the Constitution of India. So, denial of the fair tr ..read more
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Significance of ‘Love Jihad Law’- is it really what it is called?
Legally Layman
by Legally Layman
3y ago
By Bhavika Makhija, Student, Institute of Law, Nirma University Introduction. The Uttar Pradesh Prohibition of Unlawful Conversion of Religious Ordinance, 2020 which is colloquially being called the ‘Love Jihad law’ is actually meant to prohibit the conversion from one religion to another done by force, fraud, undue influence, coercion, misrepresentation, allurement or marriage, but it is being said to be against love jihad. This law came into being after a considerable number of cases of conversion were reported in different parts of the State. Checking its validity in the context of  Pa ..read more
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Regulation of the Domain of Public Nuisance : An Overview of the Existing Indian Laws
Legally Layman
by Legally Layman
3y ago
By Sneha Mathew, Law Student, Christ University _____________________________________________________________________________ Winfield once said, “Nuisance may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it.”   Nuisances are usually divided into two categories – public and private. In this article, I will be focusing on public nuisance. A public nuisance is the one which affects the public and is an annoyance to the people generally who come in contact with it. It is a type of common law offence in Englis ..read more
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Same Sex Marriages, “No, we don’t do that Here”, Centre tells SC : A Critical Analysis
Legally Layman
by Legally Layman
3y ago
By Varunendra Pandey, Content Writer, Lexstructor Sin, crime, pathology, and what not, homosexuality in India has been through various roads and canals to reach to this day where consensual sexual activities between same-sex persons is no more a criminal offence[1].The ancient history of homosexuality is quite rich in India, it was after the drafting of the Indian Penal Code in 1860 by Lord Macaulay and its introduction in 1861 which formally reserved a section objectifying it a criminal offence. Although it’s worth noting that this inhumane law was repealed in Britain by Sexual Offences Act ..read more
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