No, the right to privacy is not absolute, and this was affirmed in the Puttaswamy judgment. While the Supreme Court recognized privacy as a fundamental right, it also established that it can be limited by the state under specific circumstances. These limitations must be lawful, serve a legitimate state interest, and be proportionate to the objective.
Posted on Jun 24, 2025
In India, poison pills are largely illegal under takeover regulations, while golden parachutes, though not explicitly prohibited, are rarely used as a primary defense strategy against hostile takeovers and are subject to scrutiny under company law.
Posted on Jun 24, 2025
Yes, an arbitration clause can generally survive the termination of the main contract. This is due to the principle of separability, which treats the arbitration clause as an independent agreement from the main contract. Even if the main contract is deemed void, terminated, or otherwise ends, the arbitration clause can still be enforced to resolve disputes arising from the contract.
Posted on Jun 24, 2025
Yes, circumstantial evidence alone can lead to a conviction in capital punishment cases, but the legal standard is extremely high. The prosecution must prove beyond a reasonable doubt that the accused committed the crime, and the circumstantial evidence must form a complete chain that points unequivocally to the accused's guilt, excluding any other reasonable hypothesis.
Posted on Jun 24, 2025
Yes, there is a conflict. In India, the Supreme Court has ruled that narco-analysis, polygraph tests, and other similar techniques, when administered involuntarily, violate the right against self-incrimination (Article 20(3) of the Indian Constitution) and other fundamental rights. These tests, if conducted without consent, are considered a form of coercion and thus inadmissible as evidence.
Posted on Jun 24, 2025
Encounter killings, or extrajudicial killings by law enforcement, are generally viewed as illegal under Indian criminal jurisprudence. While the law provides for the use of necessary force, including causing death, in self-defense or to prevent a crime punishable by death or life imprisonment, these situations are strictly defined and subject to stringent legal scrutiny. The Supreme Court and the National Human Rights Commission (NHRC) have issued guidelines for investigating and handling cases of encounter killings to ensure accountability and prevent abuse of power.
Posted on Jun 24, 2025
Media trials, where the media conducts its own investigation and forms public opinion on a case before a court verdict, can significantly undermine the right to a fair trial. This can manifest in several ways, including prejudicing potential jurors, influencing witness testimonies, and putting undue pressure on the judiciary.
Posted on Jun 24, 2025
A bonus issue is the free distribution of additional shares to existing shareholders, while a rights issue is an offer to existing shareholders to purchase additional shares at a discounted price. Both methods involve issuing more shares, but the key difference is that a bonus issue is free, and a rights issue requires payment.
Posted on Jun 24, 2025
Beneficial ownership, in corporate law, refers to the situation where an individual or entity enjoys the benefits of owning a company, even though the legal title to the shares is held by another party. This means the beneficial owner has the right to receive profits, dividends, and other benefits associated with the shares, and may also have the power to influence or control the company's decisions, even if they are not the registered owner.
Posted on Jun 24, 2025
The provisions for transfer and transmission of shares under the Companies Act, 2013, primarily focus on the process and requirements for changing ownership of company shares. Transfer of shares is a voluntary act by the shareholder, while transmission occurs due to operation of law, such as inheritance.