The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

In this post, the authors attempt to highlight the difference between claim interpretation and claim construction in patent law, explain how claim construction is to be done in light of the standard set in Phillips v. AWH Corp. and weigh the priority of intrinsic evidence as against extrinsic evidence in determining the legal scope of a claim. Continue reading The Difference that Matters: Claim Interpretation vs. Claim Construction in Patent Law

The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

In this post, Venkata Supreeth discusses the idea of the National Registry of Indian Citizens as a necessary evil to combat the problem of infiltration, and identifies problems which may arise out of the Government’s attempt to erase the results of decades of negligence. Continue reading The National Registry of Indian Citizens Exercise: A Mammoth Step Towards a Demographic Debacle

As Clever As it Gets: On the Presidential Order Amending Article 370

In this post, Digvijay Chaudhary attempts to establish how the Presidential Order amending Article 370 is untenable in law by re-interpreting the provisions of the article with reference to the judgments in Sampat Prakash and Puranlal Lakhanpal, and proves the process of amendment followed to be twisted and contrary to the Constitution. Continue reading As Clever As it Gets: On the Presidential Order Amending Article 370

Limitations of Forming ‘Surveillance State’ under Surveillance and Social Media Accounts Linking Orders

In the post, Anirudh Vijay seeks to discuss the controversy over the formation of India as a ‘surveillance state’. Furthermore, he discusses the test of proportionality as used against this system of surveillance which, if imposed without restrictions will lead to the infringement of the right to privacy of the countrymen. Continue reading Limitations of Forming ‘Surveillance State’ under Surveillance and Social Media Accounts Linking Orders

The Power of the Securities and Exchange Board of India to Remove a Director

In this post, Saket Agarwal discusses the need of the Securities and Exchange Board of India to attain the power of removing a director, which essentially rests under the provisions of the Companies Act, 2013. He further elaborates upon the clash of powers between SEBI and NCLT, and how this shall create adverse effects for the investors and shareholders at large. Continue reading The Power of the Securities and Exchange Board of India to Remove a Director

BlogTalk 1.0: Mr. Apar Gupta on Intermediary Liability

In December 2018, MeitY released the Draft Information Technology [Intermediaries Guidelines (Amendment) Rules], 2018 (“the Draft Rules”) to amend the existing Intermediaries Guidelines. These rules have been the subject of much debate and criticism. In pursuance of the same, Digvijay S. Chaudhary, Senior Editor, RMLNLU Law Review, sat with Mr. Apar Gupta for a short discussion on Intermediary Liability in India and the changing paradigm. Our discussion followed from the law laid down in Shreya Singhal and how the draft rules violate it, the intersection of Intermediary Liability and the Copyright Act, the role of the government, fake news and more. Continue reading BlogTalk 1.0: Mr. Apar Gupta on Intermediary Liability

The Extent​ of Judicial Intervention in Entrance Examinations: When Results Don’t Match Expectations

In this post, Srijan Jha seeks to discuss the current scenario of the strenuous competitive exams with respect to India. He sheds light on the pattern of these exams along with the loopholes in the conduct of the same. Furthermore, he discusses the right to complain with reference to Article 14 and the legal recourse that shall be taken in case of such mismanagement. Continue reading The Extent​ of Judicial Intervention in Entrance Examinations: When Results Don’t Match Expectations

Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

The ‘unable or unwilling’ test allows a state to lawfully use force against non-state actors who are present in another state which is unable or unwilling to suppress the threat posed by the non-state actors. In this post, Ahmad Ammar and Arkaprava Dass seek to establish the test as fundamentally antithetical to Article 51 of the UN Charter pertaining to the use of force, and offer options to minimise collateral damage for both host and victim state. The article finds its premise in the Balakot Air Strikes of February 2019, wherein the Indian Air Force had targeted the training camps of a terror group based in Pakistan. Continue reading Host State, Victim State: Problematising the ‘Unable/Unwilling’ Test

Essar Steel Case: The ‘Upside-down’ of the Insolvency & Bankruptcy Code

In this post, Hansaja Pandya discusses the order of the NCLAT in the Essar Steel Case, and the potential dangers it has given rise to for the Indian debt market. The author highlights the fallacies present in the NCLAT order and emphasises upon the need for a balanced formula which does not discriminate against any creditor nor unduly favours any. Continue reading Essar Steel Case: The ‘Upside-down’ of the Insolvency & Bankruptcy Code