How wise is it to cherish the fruits of a poisoned tree? This question has been discussed in several criminal procedure and evidence-related cases in the past years. There have been numerous instances where incriminating evidence has been produced, yet it is not admitted because it was obtained illegally. The law, prima facie at least, appears to conform with the “fruits of the poisoned tree” doctrine and tainted evidence is usually not admitted, be it a case of police brutality or violation of the due process of law to obtain necessary evidence or confession to put anyone behind bars.
However, a very peculiar exception to this general rule is emerging in the family courts where the spouse is allowed, if not encouraged, to obtain evidence by whatever means necessary. In this light, the authors argue that admitting evidence obtained through cyber-stalking encourages violation of the fundamental rights of the spouse and, therefore, must not be permitted.
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Abstract Anvita Dutt’s ‘Bulbul’ has been hailed by many as a marvel of modern horror. It follows the woeful tale of a young girl, Bulbul, who, upon being subjected to heavy physical and sexual abuse, undergoes a supernatural transformation and exacts revenge upon the abusive men of her village. With the movie attaining its driving Continue reading
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Introduction The World Health Organization (“WHO”) defines health as a “state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”[1] The provision of universal health insurance coverage as part of the provision of affordable healthcare is included in the Sustainable Development Goals (“SDGs”)[2] (SDG Target 3.8). In fact, Continue reading
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Abstract The debate over reintroducing inheritance taxation in India has gained attention due to comments by Congress Overseas Chairman Sam Pitroda. This tax, known as the death levy, would be levied on the property inherited by legal successors. While it aims to reduce inequality and boost revenue, critics argue it may be a double burden. Continue reading
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Introduction For the last few decades Artificial Intelligence (“AI”) has been advancing at an unprecedented pace globally. A few decades ago, the perpetration of AI to the present extent would have been a far-fetched idea, but today, it is our reality. AI is continuously developing and pervading almost every crucial aspect of our lives. AI Continue reading
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Abstract This article seeks to argue against the doctrine of dilution for adjudicating on infringement of well-known marks and explores the doctrine of deceptive similarity as a potential solution. It establishes that the doctrine of deceptive similarity, as used by the court before the introduction of the Trademark Act of 1999, is not enough to Continue reading
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Dharmashastra National Law University Student Law Journal calls for unique and unpublished research papers, Short Notes, Book Reviews and Case Comments – Volume III (2024) About the Journal: Dharmashastra National Law University–Student Law Journal (DNLU-SLJ) is a double-blind peer-reviewed, student-run academic journal that endeavours to advance rigorous research across various facets of law such as Continue reading
Read MoreToshita Joshi & Shishir Kumar Rai The Medical Termination of Pregnancy Act, 1971 was introduced to ensure safe and legal access to abortion facilities for women. The Act, while being a significant legislation, has several impediments in form of insufficient infrastructure, lack of privacy, and below par awareness. The case comment deals with an appeal Continue reading
Read MorePrakhar Dubey The rate of crime is increasing alarmingly and to cater to the need we require a just criminal justice system on which reliance can be placed upon. Presently, the Indian Criminal Justice System believes in the idea of sentencing and punishment but there have been many debates to decide what can be termed Continue reading
Read MoreSiddharth Saxena In digital space, files can be shared in no time. If a website is blocked or taken down by injunction through the court’s order, within minutes a mirror website appears that hosts the same data hosted on the parent website. These are also known as rogue websites. The copyright infringement thereupon continues through Continue reading
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