Articles

January 19, 2022

Legal Positivism: Dworkin’s challenge towards Hart’s account of law

January 19, 2022 Leave a comment

Dworkin criticizes Hart’s theory primarily on two grounds, namely the Rule of Recognition and Judicial discretion. H.L.A. Hart tries providing a middle course between Formalism and Rule-Scepticism. He called Mechanical Jurisprudence a “noble dream”, where the judges interpret the law on the basis of the pre-existing rules and without any societal consideration. This Formalism is…

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Impact of ambiguous Money Lending Acts on Non-Banking Financial Companies (NBFCs)

January 19, 2022 Leave a comment

Generally, laws on money lending aim to safeguard the interest and rights of the borrower by imposing licensing requirements on money lenders, limiting the interest rates charged on loans by them, and implementing more such rules and policies so as to control and regulate the activities of private money lending and that of the money…

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The Transgender People (Protection of Rights) Act: To Empower or to Mock Transgender people

January 19, 2022 Leave a comment

Area of Research and aim of the paper This paper centres around the Transgender People (Protection of Rights) Bill of 2019. It lays down the mandate of the NALSA judgement and briefly discusses the introduction of the 2016 bill. It further focuses on crucial questions raised by Swati Baruah’s petition regarding the 2019 bill and…

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The Indian courts and Deoxyribonucleic (DNA) test

January 19, 2022 Leave a comment

Under Section 45,[1] Expert opinion is a kind of evidence which is based on the special skill or “knowledge” of an expert. Such an opinion is basically an opinion based on facts. When the court deems it to be necessary, it may call for the opinion of an expert who has such knowledge or training in…

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State Privilege in India

January 19, 2022 Leave a comment

According to Section 123 in the Indian Evidence Act, no one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. From…

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Section 106 and Section 101- Indian Evidence Act, 1872

January 19, 2022 Leave a comment

In civil litigation, the burden of proof of the parties refers to the fact that the parties need to produce evidence to prove the existence of the facts they claim. Section 101 states that whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which…

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Artificial Intelligence driven automation and persisting unemployment

January 19, 2022 Leave a comment

AI or Artificial Intelligence as a term is basically used to define tasks which are performed by machine with lack of human intervention.[1] Previously Two camps exist regarding AI’s potential to affect the employment market or basically create unemployment. The first states that when there is growth in technology, it immediately leads to a decrease…

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January 19, 2022

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