Law Log Brief: Insights and Analyses

  📢 Call for Blogs |  Law Log Brief: Insights and Analyses Law Log Brief (LLB)  is an initiative from student(s) studying at NALSAR, created to provide a platform for original legal insights from fellow students and academicians. It aims to make legal writing more accessible and easy to follow where both specialists and non-specialists alike can contribute.  We're now accepting submissions for the blog. If you’re a student, aspiring legal professional, or simply have a fresh voice in legal discourse, this is your platform. SUBMISSION GUIDELINES Looking forward to your submissions!

  Synopsis This piece critically analyses the existing defamation laws in India and explores their implications on the cherished value of free speech. Defamation, as a multifaceted legal concept, plays an essential role in safeguarding individual reputation within the realm of freedom of speech. The delicate interplay between the right to express oneself and the need to protect one's reputation is crucial for maintaining a just and harmonious society. Through a comprehensive examination of defamation laws in India, this article looks into their intricate implications on freedom of speech, highlighting their potential chilling effect on robust public discourse. The article discusses landmark Supreme Court cases that have shaped defamation jurisprudence in India, addressing the balance between freedom of speech and the right to reputation. It also explores the historical evolution of defamation laws in India, their relationship with constitutional rights, and their comparison with de...

  Introduction In 2005, the  Bombay High Court  delivered its judgement  Sicom Limited v. Padmashri Mahipatrai J. Shah and Ors interpreting  S. 127 of the Indian Contract Act, 1872 (“ICA”)  to decide whether a guarantee executed after the financial assistance has been provided to the principal debtor by the creditor, constituted valid a consideration or whether it lacked consideration and was therefore invalid?.  Section 127 of ICA employs the phrase “ anything done ”, implying that actions taken in the past may constitute valid consideration for a guarantee contract. However, this provision conflicts with its third illustration, which unequivocally excludes past consideration in guarantee agreements. This internal discrepancy has resulted in  divergent judicial interpretations within Indian courts.  Some decisions such as  Aniruddha Mitra  and  Avinash P. Bhonsle  emphasise the literal language of the main section, w...

INTRODUCTION The Export-Import Policy, or simply an EXIM Policy, is a set of guidelines and instructions related to the import and export of goods. The Government of India notifies the EXIM Policy for five years under Section 5 of the Foreign Trade (Development and Regulation Act), 1992. The current policy covers the period 2015-2020. The Export-Import Policy is updated every year on the 31st of March, and the modifications, improvements and new schemes become effective from the 1st of April of every year. All types of changes or modifications related to the EXIM Policy usually is announced by the Union Minister of Commerce and Industry, who coordinates with the Ministry of Finance, the Directorate General of Foreign Trade and its network of regional offices. The primary objective of this paper is to conduct a comprehensive and critical analysis of the latest EXIM Policy i.e. Foreign Trade Policy 2023, shedding light on its various features, objectives, and noteworthy highlights. This ...