Author: Mamta Kumari

Banasthali Vidyapith

This post has been written by Mamta Kumari, a law student from Banasthali Vidpapith. INTRODUCTION The Consumer Protection Act,2019 replacing the old 1986 Act has been passed. It was first passed by the Lok Sabha on 30th July 2019 and by Rajya Sabha on 6th August 2019 which is later assented by the President of India on 9th August 2019. The Minister of Consumer Affairs, Food and Public Distribution, Ram Vilas Paswan had introduced the Consumer Protection Bill in the Parliament. The Act will come into effect from the date i.e. 20 July, 2020 as notified by the Central Government…

Read More

This post has been written by Mamta Kumari, law student from Banasthali Vidyapith. CASE TITLE- Romila Thapar & Ors. v. Union of India & Ors. DATE OF DECISION- 28 September, 2018 CASE NUMBER- Writ Petition (Cri.) No. 2018 COURT- Supreme Court of India JUDGES- CJI Dipak Mishra, Justice DY Chandrachud and A.M. Khanwilkar JUDGEMENT RATIO- 2:1 PARTIES- Petitioner: Romila Thapar, Devaki Jain, Prabhat Patnaik, Satish Deshpande, Maja Dharuwala                  Respondent: Union of India, State of Maharashtra LAWYERS- Petitioner: AM Singhvi, Prashant Bhushan, Indira Jaising, Rajeev Dhavan                    Respondent: ASG Tushar Mehta, ASG Maninder Singh FACTUAL BACKGROUND On 28th August, 2018…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. TITLE OF THE CASE- Manohar Lal Sharma v. Narendra Damodardas Modi DATE OF DECISION- 14 December, 2018 CASE NUMBER- WP(Cri.) 225/2018; RP(Cri) 46/2019 COURT- Supreme Court of India JUDGES- Ranjan Gogoi, K.M. Joseph, Sanjay Kishan Kaul, PARTIES- Petitioner: Manohar Lal Sharma; Vineet Dhanda, Yashwant Sinha, Sanjay Singh Respondent: Narendra Damodardas Modi (Prime Minister), Union of India, Central Bureau of Investigation. LAWYERS- Petitioner: Prashant Bhushan, Manohar Lal, Vineet Dhanda Respondent: Attorney General KK Venugopal, ASG Tushar Mehta FACTUAL BACKGROUND This case is popularly known as “Rafale Fighter…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTRODUCTION In today’s scenario most of the people who are on social media like to spend their time by newsfeed scrolling. Some scroll it for the useful purpose and some use it just for entertainment and passing their time. The platform where this activity can be done is Facebook, Instagram, Twitter etc. For the purpose of their entertainment people create memes and circulate them widely on the social media and these are created out of fun, defaming or insulting others. MEMES: MEANING The term “Meme” is…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. ORGAN TRANSPLANTATION: MEANING Transplantation of organ is a process where the organ is transferred surgically from one body to another. The organ is transferred in the state of failure or missing of organ in the body of a human being. Medical science and technology have achieved a great success in transplanting human organ which removes the organ from its original place and fixes it in body of different body. The person from whose body the organ is picked and donated is known as donor and…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith TITLE OF CASE- Prathvi Raj Chauhan v. Union of India CASE NO. – WP(C) 1015/2018 DATE OF DECISION- 10 February, 2020 COURT- Supreme Court of India JUDGES- Arun Mishra, Vineet Saran, S. Ravindra Bhat PARTIES INVOLVED – Petitioner- Prathvi Raj Chauhan, Priya Sharma, Sandeep Lamba, India For Rule of Law Foundation.                               Respondent- Union of India LAWYER- Petitioner- Shashi Kiran                     Respondent- Attorney General K. K. Venugopal FACTS OF THE CASE In this case the constitutional validity of section 18-A of the Scheduled Caste and Scheduled…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTRODUCTION The expression “Cow vigilantism” is used to depict the scenario where people create violence in the name of “cow protection”.  The term vigilantism means the activities of vigilantes when they hold law into their own hand without any legal authority. The aim of cow vigilantes is to end the slaughtering of cows and protection. Cow vigilantism is not new in India as a lot of incidents is coming into light every day by the people for the enforcement of their religious belief. Cow vigilantism in…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTRODUCTION Signature by a person represents his identity. Traditionally signatures were handwritten and are sufficient to indicate one’s assent to any document. But with the innovation of technology and trend of online working in various sectors, large number of transactions is done through online mode which causes transfer of so many documents between the party.So, to make those documents and transactions effective a new mode of assent is emerged where no handwritten signature of a person is needed. As without any signature by online method a…

Read More

This post has been written by Mamta Kumari, a law student of Banasthali Vidyapith. CASE TITLE: Reliance Communication Limited & Ors. v. State Bank of India & Ors. DATE OF DECISION: 20.02.2019 PETITION NO.: Writ Petition (Civil) No. 845 of 2018 COURT: Supreme Court of India PARTIES: PETITIONER- Reliance Communications Limited & Ors.                : RESPONDENT- State Bank of India & Ors. LAWYERS: PETITIONER- Shri Neeraj Krishan Kaul                  : RESPONDENT- Shri Dushyant Dave FACTUAL BACKGROUND In this case three contempt petitions were filed before Supreme Court of India by Ericsson Pvt. Ltd. Against Reliance Companies i.e. Reliance Communication, Reliance…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTRODUCTION With immense increase in trade and investment, dispute between the contracting parties is also increasing which is not only within nation but also with people of cross boundaries. For solving such cross-border disputes parties started opting arbitration as a dispute resolution method in relation to international transaction. After passing of foreign arbitral award by the arbitration tribunal, the main task is to enforce it but when the arbitral award is not accepted by one of the party and its enforcement is not in progress then…

Read More

This post has been written by Mamta Kumari, a law student of Banasthali Vidyapith. FALSE ACCUSATION OF RAPE False allegation of offences is not new in our society as well as false charges of rape are prevailing so much by women and also by their family members on their behalf. False accusation of rape means when a person is accused of false charges or rape. It is a condition when any men who has not committed the offence of rape is still charged for it. In today’s scenario more than 50% of rape cases are falsely filed by the women…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTERNATIONAL ARBITRATION Arbitration is regarded as one of the alternative methods of dispute resolution. International Arbitration is an arbitration which helps is solving cross-border dispute which are created due to several contracts, commercial transactions etc. This is also known as hybrid form of international dispute resolution and  is termed to be less expensive and faster mode. It deals with the dispute between the parties belonging to different countries as it allows the parties to avoid the national court procedure. It includes the elements of common law…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. Case Title: Vinod Kumar Kanojia v. Union of India and ors. Date of decision: 22nd September, 2010 Court: High Court of Delhi Writ petition no.: 6302/2010 Judges: Dipak Mishra, Mr. Manmohan Parties: petitioner- Vinod Kumar Kanojia              Respondents -Union of India and ors. Lawyers: Petitioner- Ajay Kumar Bhatia                 Respondent- A.S. Chandhoik FACTS OF THE CASE Public Interest Litigation has been filed by Vinod Kumar Kanojia on behalf of Hindustan Kanojia Organization, a Dhobi community, schedule caste in India. The petition has been filed after…

Read More

This post has been written by Mamta Kumari, a law student from Banasthali Vidyapith. INTRODUCTION Ongoing spread of deadly coronavirus has changed everybody’s life whether it can be personal, professional and social which created huge risk. But a person cannot overlook his necessities and it forced a person to opt for different options to run his day to day life. This pandemic has brought a huge loss to man as well as economy. The covid outbreak has closed many doors but it has also opened several doors for the daily operations.  One of them can be running one’s life by…

Read More

INTRODUCTION For better transparency in the working of all the Government institutions it is necessary to maintain balance between right to information and principle of confidentiality and every citizen have right to exercise his right of information. This landmark case dealt with the issues relating to “transparency, accountability and judicial independence” and strikes an equilibrium between right to privacy and disclosure of information in the larger public interest. Further the case deals with the question of appointment of judges, correspondence with judges and their asset declaration. CASE  SUMMARY- CASE TITLE:   CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA V. SUBHASH …

Read More