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Showing posts from August, 2021

One National Language : Is it Antithesis to Federalism ?

                                                                                                     Rohan Choudhary*  Language is the prime binding factor among people across communities, besides religion. However, it goes without saying that language has also always been a source of conflict among communities. When we think about federalism, we generally think about power sharing  between the Centre and the States, and the idea of relationship between federalism and language may seem absurd to a layman. However, in our multi-linguistic country, the combination of language and federalism holds a significant importance, and more so in recent times.   The Vague Idea of Federalism Our idea of federalism is s...

Induction of malware in the mobile phones and right to privacy

                                                              Lavanya Sinduria* Malware is short for malicious programming and is a sweeping term for viruses, worms, trojans and other unsafe PC programs, programmers use to gain access to sensitive data. The only difference between any normal software and malware is the intended use of it not a particular technique or technology used to build it. There are various diverse methods of categorizing malware; the first is by how the vindictive programming spreads. For e.g. Worms, it is an independent piece of malware that duplicates itself and spreads from one PC to another. Under this category there is also Trojan, it is a programme which do not reproduces but it tricks the user to be some type of useful programme so that the user activates it on his own. Another way to categori...

The Largest Democracy’s Undemocratic Parliament

  The Largest Democracy’s Undemocratic Parliament - Rohan Choudhary* This monsoon session was the fourth consecutive session of the parliament which was called off before the schedule, barring the winter session of 2020 (which was cancelled due to the pandemic). The opposition kept the parliament at standstill, demanding to have a fair and square discussion on the important issues such as Pegasus Spyware, Farm Laws etc. Now there are two ways to look at this issue, which depends on what side of political fence you stand on. Looking it from the government point of view, there stand have been that parliament can’t function amidst all the chaos and ruckus created by the opposition. If you are on other side, you may hold the view that it’s the fundamental duty of the opposition to hold the government accountable. The pertinent question that needs to be addressed here is about the means used by the opposition to register their protest. Is it right to keep the parliament at standst...

RIGHT TO APPEAL UNDER CIVIL PROCEDURE CODE: A CRITICAL APPRAISAL

Bhawna* INTRODUCTION: Appeal is not defined anywhere in the Code of Civil Procedure, 1908 but in the general sense it is the remedy provided as a right to look for justice against any decree or order passed by the lower court or High Court. It is basically a way of approaching the higher court when the party or parties are not satisfied by the decision made by the lower court. To get the decision changed or reversed, an application which is in the form of appeal is made to the higher court or to the concerned appellate authority. Black’s Law Dictionary explains appeal as “the complaint to a superior court for an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse. It is the removal of a cause from a Court of inferior jurisdiction to one of superior jurisdiction, for the purpose of obtaining a review and retrial”.  In the case of Smt. Dayawati and Another vs Inderjit and Others [1] the Supreme Cour...