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theleaflet 2024 11 26 63i45gw1 Healthcare

Beyond noble intentions: The Supreme Court’s quest for healthcare safety

Introduction Constitution Day invites not just celebration but deep reflection— on the brilliance of the Constitution and the paradoxes it reveals in action. This remarkable document balances rights and duties to build a just society. From the debate over same-sex marriage to the delicate dance between free speech and communal harmony, the Supreme Court has […]

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Incentivising Murder? The Unintended Consequences of the Aparajita Bill

Introduction The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 (“Aparajita Bill”) is a legislative response to the brutal rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital in Kolkata and the uproar that followed it. Passed unanimously in the West Bengal Assembly, the bill introduces significant

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Understanding Parties Intention Beyond Contracts: Incorporation of Arbitration Agreements via Reference

Introduction As a process centered around party autonomy, the consent of the parties plays a pivotal role in Arbitration. In furtherance of that, we must ask ourselves, does the previous conduct of parties supersede and override present consent and intention to arbitrate or not? This issue is particularly significant in the context of Section 7(5)

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Ticket Scalping Fiasco: Need for a change in the Law

Introduction Concerts are a great way to relieve oneself but recently concerts have opened new avenues for hoarding, black-marketing and reselling of tickets as a large scale. On 22nd September’ 2024, Coldplay announced its concert scheduled in India next year and the tickets for the albeit initially being sold in the price range of 2,500

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Constitutional Rights vs Heatwave Reality- Are HAPs Enough?

Introduction “We do not have a Planet-B.” Justice Anoop Kumar Dhand gave this statement while passing a reportable order in Re: Save the Planet Earth and the Future Generation of this Universe. The idea brings to the forefront the dire need to preserve the only home we can live in. Suo-moto cognisance is needed when

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In Defence Of The Proposed Ex-Ante Competition Law Reforms In India – An Attention Economy Perspective

Introduction After much anticipation, the draft of India’s ex-ante competition law reforms targeted towards preventing and remedying anti-competitive practices in big tech is finally out. This piece, post an in-depth analysis, offers a defence of the same, from a perspective of attention economy. Attention Economy The attention economy refers to the management of human attention

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Addressing Fake Online Reviews and Review Bombing: Legal Perspectives in India

Introduction In today’s digital marketplace, online reviews wield extraordinary power, capable of making or breaking a business with just a few clicks. Yet, lurking beneath this influence is a darker side: the surge of fake reviews and orchestrated review bombing campaigns that threaten consumers and businesses. Navigating this landscape isn’t just a matter of ethics;

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Can Your Honour prompt thy query? Analyzing the usage of AI by the Indian Judiciary

Introduction Artificial Intelligence has engulfed every possible sector within its fold, and the Indian judiciary is no exception. In India, the judiciary has turned to AI in three notable instances, the latest being that of the Manipur HC using Google and ChatGPT 3.5 to research the service rules of Village Defense Force (VDF) personnel.[1] The

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Decoding the regulation on Finfluencers by the SEBI: Whether the restriction on Finfluencers by the SEBI goes against the spirit to disseminate information?

Introduction Financial influencers or Finfluencers are unregistered entities that provide financial information through social media platforms. This article makes an attempt to gauge the dichotomous position of SEBI’s proposed regulation (Consultation Paper on Association of SEBI Registered Intermediaries/Regulated Entities with Unregistered Entities (including Finfluencers)) on whether to include influencers under IA regulations. A few finfluencers

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Analysing ‘Penalty Basis’ Under New Regulations & Guidelines: Is the Transition from ‘Relevant’ to ‘Global’ Turnover Real?

Introduction With the enactment of the Competition Amendment Act, 2023, the Indian competition regulatory framework is undergoing significant changes. The most notable modification through this amendment was the adoption of ‘global turnover’ by discarding ‘relevant turnover’ under Section 27(b) for imposing penalties by the Competition Commission of India (CCI). Further, on March 06, 2024, a

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