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BEYOND THE HANDSHAKE: THE LEGAL MECHANICS OF FREE CONSENT

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BEYOND THE HANDSHAKE: THE LEGAL MECHANICS OF FREE CONSENT Author: Khan Husnaara khatoon Iqrar AhmedStudent, Amity Law School, Mumbai —————————————————————————————————————- Quick Takeaways INTRODUCTION The principle of voluntary consent is fundamental to contemporary contract law. Beyond adhering to legal protocols, it upholds the notion that agreements should genuinely reflect the voluntary consent of all parties involved. […]

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The Legal Effects of Restraint on Legal Proceedings and Arbitration Clauses

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The Legal Effects of Restraint on Legal Proceedings and Arbitration Clauses Author: RashiStudent, Symbiosis Law School, Noida —————————————————————————————————————- Quick Takeaways Introduction Section 28 of the Indian Contract Act, 1872 states:“Agreements in restraint of legal proceedings are void.” The foundation of the Indian Contract Act, 1872 lies in the principle of freedom of contract; however, this

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Section 74 Indian Contract Act, Liquidated Damages, Penalty Clause

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Section 74 Indian Contract Act, Liquidated Damages, Penalty Clause Author: Roshan KumarICFAI University, Dehradun —————————————————————————————————————- Quick Takeaways Abstract Section 74 of the Indian Contract Act guides courts when a contract is breached and a pre-decided amount is mentioned. Earlier, courts strictly divided such clauses into liquidated damages and penalties, which created confusion about whether actual

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Marital Rape in India: Is the Law Ready for Criminalisation?

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Marital Rape in India: Is the Law Ready for Criminalisation? Author: Lahari Kandharapu December 6, 2025 ABSTRACT:  India’s current law does not recognise non-consensual sexual intercourse between a husband and wife (above the age of 18) as a punishable offence, an exemption rooted in colonial-era legal constructs. However, growing activism, evolving societal attitudes towards gender

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Supreme Court’s Advisory Opinion on Governor’s Assent Powers

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The 16th Presidential Reference: Supreme Court’s Advisory Opinion on Governor’s Assent Powers Author- The Lawscape Team November 23, 2025 1. Abstract The Supreme Court of India recently delivered its advisory opinion on the 16th Presidential Reference, definitively settling the constitutional ambiguity surrounding the powers of the Governor and the President concerning the assent of Bills

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Climate Litigation in India: The Rise of Environmental Justice and Green Court Orders

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Climate Litigation in India: The Rise of Environmental Justice and Green Court Orders Author- Ranveer Singh Rathore B.A. LL.B. (Hons.), 4th Year, Jaipur National University 1. Abstract India, a country highly vulnerable to the impacts of climate change, is witnessing a significant paradigm shift in its environmental jurisprudence. Driven by constitutional guarantees and proactive judicial interpretation,

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Waqf Amendment Act: Legal Challenges

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Waqf Amendment Act: Legal Challenges Author- The Lawscape Team September 3, 2025 Introduction The Waqf Amendment Act — the government’s recent overhaul of the law governing Muslim charitable endowments — has sparked a fierce national debate. Supporters call it a necessary step toward transparency, recovery of encroached properties, and women’s participation in boardrooms. Critics see

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Criminal Justice and Federalism: Lessons from TN v. Governor

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Criminal Justice and Federalism: Lessons from TN v. Governor Author- The Lawscape Team September 3, 2025 Introduction Criminal justice and federalism are deeply intertwined in India’s constitutional framework. The recent Supreme Court case, Tamil Nadu v. Governor, has brought this relationship into sharp focus, sparking nationwide debates about the balance of power between state governments

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Constitutional Morality and Individual Rights: A Study Through Recent Supreme Court Cases

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Constitutional Morality and Individual Rights: A Study Through Recent Supreme Court Cases Author- The Lawscape Team September 3, 2025 Introduction Constitutional morality has emerged as one of the most significant guiding principles in Indian jurisprudence. It is a concept that allows the judiciary to protect individual rights and liberties, even when they conflict with popular

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