SYIN & SERN Law Review
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At SYIN & SERN, we provide the students with an opportunity to grow into the field of law. The SS blog is an astounding way of forwarding the author's opinion in what is in trend and recent development that happened in the field of law.
SYIN & SERN Law Review
2y ago
Hiral Mehta*
Abstract
Restorative justice is an approach that addresses the harms and needs of the victims. It allows an offender to gain insight into the causes and effects of their actions and understand the responsibility of those acts. This research paper evaluates the concept of Restorative justice as a flexible and variable approach that can be adapted to different situations and an ideal method to deal with different kinds of offences and offenders, including situations involving heinous crimes. It focuses on the rights of the victims by allowing them to engage in conflict resolving pro ..read more
SYIN & SERN Law Review
2y ago
Aakanksha Singh*
Abstract
Historically, property law has been defined by laws sanctioned by each nation for its sovereign territory. International law recognizes that a sovereign nation has the right to implement its laws regarding property, amongst other laws. The title to the land depends entirely on the nation in which they lie.[1] The conventional study of property rights project ‘A Benthamite legal positivism’. It showcases a relationship between law and land that Bentham famously explained by stating that property ceases to exist if that law that defines it is taken away.[2] On the other ..read more
SYIN & SERN Law Review
2y ago
Samrudh Kopparam*
Abstract
For any state, protection from crime and the preservation of law and order becomes the highest priority to ensure collective wellbeing and maintenance of social and individual interests. In contemporary times, crime rates have massively increased while the conviction rate remains below par. The primary cause of this phenomenon is the sustained use of static and conservative investigative methods. However, with the amalgamation of ‘forensic science’ with law, detection deception tests like ‘narco-tests’ have come to the public eye and gained immense popularity. This p ..read more
SYIN & SERN Law Review
2y ago
Sneha Suresh* & Saumya Chaudhary**
Abstract
The recent amendment to the Medical Termination of Pregnancy Act of 2021 appears to be progressive in nature however that isn’t the case. The article begins by giving a brief introduction and background to the Act and then proceeds to delve into the legal, medical and social implications of the recent amendment to the original act on minors seeking an abortion. Overall, this Article seeks to analyze the rights available to minors seeking an abortion under the MTP Act of 2021 along with discussing the inconsistencies between the MTP Act and other ..read more
SYIN & SERN Law Review
2y ago
Shubham Gandhi*
Abstract
This article analyses the often-discriminatory parameters employed by courts when deciding who is granted interim relief under Section 9 of the Arbitration and Conciliation Act, 1996. The judicial system has long since stuck to giving interim relief post-arbitral awards to the winning party alone, with no legislative intent favouring this practice. The author, in this article, while parsing Section 9 of the Act, aims to accentuate the unwanted divergence of opinions rendered by various High Courts on the subject. This article will then argue why the interpretation adop ..read more
SYIN & SERN Law Review
2y ago
Analyzing SEBI’s intervention into the Rs. 4000 crore Carlyle-PNBHF deal and its corresponding legal implications
Sanath Rajesh*
Abstract
This blog seeks to analyze the Securities Exchange Board of India’s (SEBI) intervention into a 4000 crore rupees deal between Punjab National Housing Finance (PNBHF) and the U.S. private equity giant, Carlyle, which involved a preferential allotment of shares. The deal sought to alleviate PNBHF’s distressed balance sheets and the respective preferential allotment was performed in due accordance with SEBI’s ICDR Regulations. However, contrary to PNBHF’s inter ..read more
SYIN & SERN Law Review
2y ago
Arshita Girdhar*
Abstract
This article aims to trace the history and background of rental laws and the market in India and subsequently analyse the role that Model Tenancy Act, 2021 [“the Act”] plays in the current scenario that relates to the rental market. The background provided in the article would help in understanding the needs of both tenants and landlords and eventually evaluating the success of the Model Tenancy Act. The article, therefore, attempts to critically analyse the Act by considering the needs laid out by its population.
Introduction
Indian rental laws, including the Rent Co ..read more
SYIN & SERN Law Review
2y ago
Ritvik Mishra*
Abstract
The second wave of Covid-19 infections in India came as a huge challenge to the existent health system in the country. The loss of lives, due to the lack of preparedness on the part of the Central Government, led to judicial interference at a scale that raised several questions of constitutional relevance. This blog covers the instance where the directives were issued by the Supreme Court regarding the deficit in the oxygen supply to Delhi. An analysis of the policy on the supply of oxygen shows that in issuing the directives on 30/04/2021, the apex court may have cross ..read more
SYIN & SERN Law Review
2y ago
Samrudhi Elizabeth Saju*
Abstract
As we struggle through the thick of the COVID-19 pandemic, it is imperative that we have the ability to stay informed about the true situation of the country and this is facilitated through journalists. However, this duty is prevented from being fulfilled by the rampant use of the sedition law against journalists and activists who speak in a negative manner against the ruling government. In the case of Vinod Dua, we see how statements of facts can lead to accusations of sedition. The unbridled use of this law to suppress dissent acts as a hindrance to the free ..read more
SYIN & SERN Law Review
2y ago
Ichchhit Goswami*
Abstract
This article traces the origins and the usage of the law of sedition- through its colonial history to the present day. It outlines how the genesis of the law lay in protecting the colonial government at the expense of the press, freedom of speech and the freedom fighters. It is an attempt at analysing the law and making a case against its usage as a tool to curb dissent and critical rhetoric in the present times.
Keywords- Sedition, Section 124 A, Indian Penal Code 1860, Freedom of Speech.
Introduction
“Better a thousandfold abuse of free speech than denial of free s ..read more