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Competition Law Uncategorized

THE SWISS CHALLENGE METHOD: A DOUBLE-EDGED SWORD IN PUBLIC PROCUREMENT

Swedha Prakash I. Introduction Large-scale infrastructure projects are becoming increasingly significant, driven by government efforts to boost the economy, such as the National Infrastructure Pipeline (“NIP”), which has allocated an ambitious ₹108 trillion for various projects. Public-Private Partnerships (“PPP”s) have played a crucial role in this commitment to building a strong foundation for sustainable growth […]

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Criminal

To Bail Or Not To Bail: Conundrum of Section 45, PMLA

Nachiketa Narain & Aredla Praneet Reddy Introduction “Bail is the rule, jail is the exception” is what the division bench of the Supreme Court of India (SC), ruled in Prem Prakash v. Union of India (Prem Prakash) pertaining to bail provision under Prevention of Money Laundering Act, 2002 (PMLA).  It is pertinent to note that […]

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Criminal

Assessing Community Service Implementation as Punishment in India: Is it Truly Punitive?

Priya Sharma Introduction Incorporating community service in the new criminal laws as a punishment for petty offenses is a progressive shift from the traditional retributive theory of justice to a restorative one.  This approach to criminal justice is based on the principle of “abhor the crime and not the criminal”. As Gandhiji wrote in 1946, […]

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Constitutional Law

Proportionality Principle in India: A Hollow Promise?

Aditya Jain & Ayushi Shukla Introduction The proportionality principle today forms an integral part of review jurisprudence around the globe, and India is no exception. Tracing its origin from the German Constitutional Courts in the 19th century, the principle was developed in the context of administrative law to regulate police action while dealing with individual […]

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TeLawgram

TeLawgram’23 (01/09-15/09)

Hello! Telawgram is back with a fortnight’s update that takes you through Supreme Court and High Court decisions, privacy laws, gaming laws, constitutional jurisprudence and international trade laws. The readings will give you a wide range of content – from public international law to criminology and more! Happy Reading!