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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Month: July 2024

Free Speech and Expression in the Digital Age: Philosophical and Legal Perspectives

Abstract: People have a strong desire to share their opinions and listen to others. This makes it difficult to justify forcing individuals to remain silent, reinforcing the idea that we have a moral right to speak and listen that should be protected by legislation. Most political and legal professionals agree that free speech should be …

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POLICY OF PREJUDICE: POPULATION CONTROL BILLS IN LIGHT OF JAVED V STATE OF HARYANA

 Introduction India has surpassed China to become the most populous country in the world. In light of this, the Finance Minister Nirmala Sitharaman announced the formation of a high-powered committee to study the challenges imposed by such rising population growth in her interim budget speech. Populating a whopping 1.5 million people, population control has always …

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ANALYSING INDIA’S ANTI-CONVERSION LAWS IN LIGHT OF RAJASTHAN’S CONSIDERATION OF THE LAW: A REVIEW OF HISTORICAL ATTEMPTS AND LEGAL PRECEDENTS

INTRODUCTION The Government of Rajasthan has recently submitted before the Supreme Court its efforts to introduce its own legislation addressing religious conversions occurring within the state. This information was presented in an affidavit filed in response to a Public Interest Litigation (PIL) brought in 2022 by lawyer Ashwini through Advocate Ashwani Dubey, which sought directives …

ANALYSING INDIA’S ANTI-CONVERSION LAWS IN LIGHT OF RAJASTHAN’S CONSIDERATION OF THE LAW: A REVIEW OF HISTORICAL ATTEMPTS AND LEGAL PRECEDENTS Read More »

CASE ANALYSIS OF KHATRI (IV) V. STATE OF BIHAR, (1981) 2 SCC 493

Introduction India, while standing as the world’s largest democracy, also harbors the greatest number of impoverished people, necessitating the inclusion of Article 39A in its constitution. The path towards implementing this article has been long and arduous, realized through past injustices such as those addressed in Khatri v. State of Bihar. This case dealt with …

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EXPLORING THE CONCEPT OF STRIDHAN: WOMEN’S PROPERTY RIGHTS & LEGAL STATUS OF STRIDHAN

INTRODUCTION In a recent matter before the Honourable Supreme Court, it was reiterated by the Bench of Justices Sanjiv Khanna and Dipankar Dutta that the ‘Stridhan’ property of a woman does not mean it is under the control of the husband. The husband holds neither title nor independent authority over the property gifted to the …

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The Evolving Jurisprudence of Arbitral Seat and Venue in Indian Law: A Critical Analysis

Introduction Arbitration as a form of alternative dispute resolution has become increasingly popular and sought after in recent times.The utilization of arbitration as a dispute resolution mechanism presents several salient advantages that render it a propitious option for certain legal controversies. Of paramount importance is the aspect of fiscal efficiency. Arbitral proceedings typically entail reduced …

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RIGHT TO INFORMATION VS RIGHT TO DONOR PRIVACY: DECONSTRUCTING THE ELECTORAL BONDS JUDGEMENT

Introduction On 15February, a five-judge Constitution Bench led by Chief Justice D.Y. Chandrachud unanimously held the Union govt’s Electoral Bond Scheme (EBS) to be unconstitutional in its judgement in Association for Democratic Norms v Union of India. It also held the amendments in Representation of the People Act 1951 (RPA), Companies Act 2013, and the …

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THE BLUE PENCIL RULE: ENSURING CONTRACTUAL FAIRNESS AND ENFORCEABILITY IN MODERN LAW

Introduction In the complex world of contract law, agreement enforceability is essential for fairness and stability in business and employment partnerships. In non-compete, non-solicitation, and other restrictive covenants, contracts often overreach or impose unfair restrictions. If too broad or oppressive, these terms might create enforceability concerns and invalidate agreements. These issues can be addressed pragmatically …

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