PRINCIPLES OF NATURAL JUSTICE : AN OVERVIEW
Views : 9 The principle of natural justice has been a recognized legal principle since the time of Aristotle.
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Blogs
CONCEPT OF MAHR IN MUSLIM LAW
Views : 7 In every religion marriage is the purest ceremony that has to be performed as per the rituals
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Legislations dealing with false F.I.R
Views : 11 F.I.R is an exclusive written document prepared by the police for any cognizable offence that took place.
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An Assessment of Strike and Lockout Laws in India
Views : 11 In a country like India where slavery has flourished for centuries, it can be a long row
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CHILD LABOUR IN INDIA
Views : 11 Children in Indian culture have consistently been a theme, less spoken or talked about. Children in each
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HAUTE COUTURE- FASHION, LAW AND PANDEMIC
Views : 12 Every major industry has had to deal with the far-reaching consequences of the pandemic, which spread across
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ANALYZING THE DOCTRINE OF RES JUDICATA UNDER INDIAN CONTEXT
Views : 15 The doctrine of res judicata is a fundamental concept of every legal system which entails a definitive
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ROLE OF COMPETITION ADVOCACY IN DIGITAL MARKETS
Views : 9 Competition laws across the world work on two major tenets- enforcement and advocacy. While it is important
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THE CONSTITUTIONAL FRAMEWORK OF GST LAWS IN INDIA
Views : 16 In India, the taxation reforms can be traced back to the early 1990s right from liberalization and
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Concept of the Hindu Marriage Act, 1955
Views : 76 In Ancient India, Hindu marriage created an inseparable relationship between the husband and wife. Due to it’s
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CONCEPT OF INCOMING AND OUTGOING PARTNERS
partnership can be defined as voluntary contract between 2 or more competent persons To put in their money, capital, labour, skill, or some or all of them in a lawful business with understanding that there shall be sharing of profit between them. Incoming and outgoing partners are the two basic kinds of defining the types of partners in a partnership firm.
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SOURCES OF INDIAN CONSTITUTION
The Constituent Assembly took help from various sources to draft the Indian Constitution. They studied the Constitution of various countries and took the important parts of their Constitution and added them in Indian Constitution like the concept of Fundamental Rights, Fundamental Duties, the Preamble etc. At that time, there were 395 Articles and 8 schedules. The head of the drafting committee was Dr. B.R Ambedkar.
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JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS AND MODES
Judicial review has been a part of the custom and usages. Article 13 gives the judiciary the absolute power to strike down any ordinance, order, bye-law, rule, regulation, notification, customs or usages in the Indian territory.
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INFORMATIONAL PRIVACY AND NON-STATE ACTORS
The right to informational privacy, as a concept, is a branch or extension of the right to privacy. The Concept has been taken in different ways in different situations. According to Warren and Brandeis “once a civilization has made a distinction between the life of the soul and the life of the body, the idea of a sphere in which men may become and remain himself.”
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Emerging Trends in Unconventional Trademarks
In India, The Trade Marks Act, 1999 regulates and provides for the protection of trademarks. Section 2(1) (zb) of the Act gives the definition of what a trademark is. It provides for specific criteria to be fulfilled for a mark to qualify as a trademark. It lays down that any mark which is capable of being represented graphically and can be used to distinguish the goods and services of one person from the goods and services of another can qualify as a trademark.[1] It also lays down that this mark can also be in the form of a shape of the actual product, packaging, a combination of colours, etc.
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New Farm Acts: Why Are Farmers Protesting?
Views : 64 Amidst the appalling crumble of the nation’s economy due to the rampant Covid-19 pandemic situation, the Union
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NEGOTIABLE INSTRUMENTS
Negotiable Instruments are written and signed documents which create a right in favour of any person and is freely transferable.
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NATIONALITY & STATELESSNESS:THE CASE OF ROHINGYA
Views : 29 “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor
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Education: Fundamental Right and RTE Act, 2009
State is obliged to provide education for its citizens through a comparative analysis of Article 21 along with Articles 38, 39(a), 41, and 45. The right to life in Article 21 denotes the right to live with human dignity. Education is primary to every person to live with dignity.
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THE DOWRY PROHIBITION ACT, 1961
Kanyadan became associated with varadakshina, i.e. the cash or gifts in kind by the parents or guardian of the bride to the bridegroom. It was offered out of love and affection and did not constitute any consideration for the marriage. It was a voluntary practice without any coercive force. But slowly and gradually, the voluntary element has disappeared and the coercive element has crept in which is popularly known in today’s world as “Dowry”.
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ABORTION : A RIGHT OR AN OFFENCE?
Abortion maybe defined as the termination of pregnancy by the removal or expulsion from the uterus a fetus or embryo which results in causing its death.
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CONSUMER PROTECTION IN MEDICAL NEGLIGENCE
Views : 27 Medical negligence gives rise to civil as well as criminal liability [1]. In civil wrongs, an aggrieved
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Internal Migration of Labour
Since industrial development is on a steady growth, migration of labour has gained importance over past few decades.
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WHO IS A CONSUMER?
Consumer is someone who buys goods and services for personal use. The Consumer Protection Act, 2019, under Section 2(7), defines a consumer.
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Sexual Offences Against Transgenders
Transgenders face discrimination and are often subjected to sexual harassment, violence, hatred, torture, and abuse of both mind and body.
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Judges: Appointment and Removal
Views : 71 The Constitution which is the supreme law of the land provides for the division of powers between
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ANALYSIS: MURDER AND ATTEMPT TO MURDER
Views : 25 The expression ‘murder’ has been derived from the Germanic word, mortna, which means secret killing. Although it
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The Rights Of Refugees under International Law
Views : 57 Human rights violations are a major factor in causing the flight of refugees as well as an
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Consideration Under Indian Contract Act 1872
Views : 33 ‘Quid pro quo’, a legal maxim literally meaning something for something. It is a common understanding between
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Copyright Protection of fictional character : An Analysis
Views : 43 The issue of protection of fictional characters under IP laws separate from the works which contain them
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THE RULE OF CAVEAT EMPTOR
‘Caveat emptor’ means ‘let the buyer beware’.The maxim explains that it is the responsibility of the buyer to take caution in buying goods from the seller.
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DISHONOR OF CHEQUE
Views : 21 According to Section 6 of the Negotiable Instruments Act, 1881, a “cheque” is a bill of exchange
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INFRINGEMENT OF PATENT AND DEFENCES
Views : 25 Under the Patents Act, 1970, when a patent is granted to a person for some new invention
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SERVICE OF SUMMONS AND EXEMPTIONS
Views : 35 Whenever any suit is filed by the plaintiff then the defendant must be informed about such a
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CONCEPT OF JUDICIAL SEPARATION UNDER HINDU LAW
Views : 38 Marriage is considered as a sacrament in the Hindu religion, implicitly denoting that marriage is permanent and
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K.M. NANAVATI V. STATE OF MAHARASHTRA : CASE ANALYSIS
Views : 34 K.M. Nanavati v. State of Maharashtra, is a landmark decision by the Supreme Court that shaped Indian
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National Capital – A Modern Day Gas Chamber
Views : 45 India is one of the most polluted countries in the world. In 2019, 21[1] out of 30
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RULES OF INTERPRETING A STATUTE
Views : 38 The term ‘interpretation’ is derived from the Latin term ‘Interpretari’, meaning to expound, understand, explain, describe, or
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KHALISTAN MOVEMENTS RISING AGAIN
Views : 94 There are 25 million Sikhs all over the world and 83% of them reside in India. Sikhs
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CRYPTOCURRENCY
Views : 41 Money is regarded as the first and foremost form of social convention arising to develop trust in
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A SMALL TRIBUTE TO THE GOD OF WAR USING INDIAN LAWS
Views : 87 Disclaimer: This article is purely based around mythology used in the game series named God of War
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“CYBER PORNOGRAPHY”: A THREAT TO MODERN SOCIETY
Views : 60 Sexually explicit content has seemingly become a bigger problem than one could have imagined it to be.
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BAN ON SOCIAL MEDIA BY THE INDIAN MILITARY
Views : 33 In the age of technology, every single one amongst us realizes the impact that social media has
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MTP BILL 2020: A CRITICAL ANALYSIS
Views : 55 In India, premature birth has been permitted in restricted conditions since the Medical Termination of Pregnancy (MTP)
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FARMS BILL 2020: AN ANALYSIS
Views : 42 In 2020, we have witnessed many changes in our lives because of the current pandemic going on.
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NEED OF MEMORANDUM OF ASSOCIATION
Views : 25 Memorandum of association is the fundamental document for the incorporation of the company. [1] “Charter” is the
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REFORMATION AND REHABILITATION OF OFFENDERS
Views : 107 Approximately 10.2 million people are believed to be in penal institutions worldwide – either as pre-trial detainees
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SWORDS INTO PLOWSHARES
Views : 28 The concept of One World and World Unity has been the ultimate desire and ambition of all
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Parliamentary Privileges
Views : 26 The scope of protection of immunity available to the members of Parliament is quite wide and is
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LAW OF RESTITUTION
Views : 45 Restitution means something that has been lost or stolen by his owner, the process of restoring the
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THE GOVERNMENT OF INDIA ACT, 1935
Views : 105 The Government of India Act, 1935 marks a point of no return in the history of constitutional
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PRIME MINISTER: THE REAL HEAD OF NATION!
Views : 35 The Prime Minister’s office is the most powerful office in the country while the cabinet is the
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RIGHTS OF ANIMALS: MYTH OR REALITY
Views : 58 This planet is not the property of human beings and every creature on this planet has equal
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HOMOSEXUALITY IN INDIA
Views : 44 Homosexuality refers to an individual’s romantic or sexual desire for the same sex. Despite the fact that
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PUNISHMENT AND ITS THEORIES
Views : 52 Our society has been subjected to heinous crimes now and then. Therefore to lessen the number of
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PERIODS LEAVE AT WORKPLACE: A RIGHT OR AN EXCUSE?
Views : 58 Menstruation is a healthy and natural process of a woman’s reproductive age. It is a process where
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TAX STRUCTURE AND ITS ECONOMIC IMPLICATIONS IN INDIA
The Indian economy has experienced a decrease of 18.3% in the economic growth in the second quarter of 2020, the outcome of which was a net growth of just 23.9%. In addition, the fact retains the ranking of India due to pandemic. India is recorded to be the third-worst affected country due to the pandemic by the outbreak of COVID-19.[1] The outbreak of the virus has adversely affected the economy of India, where the businesses were shut and natives didn’t have much of a source for generating income, not only this, the individuals spent a large portion of their savings to survive the period of lockdown and even now, when the lockdown is lifted. The money flow in the economy has come to a stagnant position.
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THE RIGHTS OF DAUGHTERS IN PROPERTY : AN ANALYSIS
Views : 65 It is said in various instances that “once a daughter is always a daughter, a son is
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FUNDAMENTALS OF COMPANIES ACT, 2013
Views : 35 With the ever-changing global market scenarios, the terms corporate governance and corporate democracy have become the new
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VALIDITY AND RAPIDITY OF E-CONTRACT IN INDIA
Views : 37 In this technological environment, the standard of people’s lives has changed immensely. The use and utilization of
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NEED FOR JUDICIAL RESTRAINT DURING PANDEMIC
Views : 65 The Covid-19 pandemic had a significant negative impact on people across the world, a widespread of such
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THE CONCEPT AND ADMINISTRATION OF JUSTICE: JURISPRUDENCE
Views : 64 The concept and the administration of justice is one of the most essential features of the government.
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Right to Education & Legality of RTE Act, 2009
Views : 80 Education is an eternal source of knowledge which gets humans to think and apply their mind. Such
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HIERARCHY OF COURTS IN INDIA
Views : 34 There has always been a need for maintenance of law and order in the world. People need
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Vicarious Liability In Torts
Views : 46 The general rule in the law of torts is that a person is held liable for the
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MASS MEDIA AND SOCIETY
Views : 33 Society not only continues to exist by transmission, by communication, but it may fairly be said to
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JUVENILE DELINQUENCY: A MAJOR CONCERN TO ADDRESS?
Views : 50 Juvenile delinquency persists within every area, group, class, religion or even caste. There is a very thin
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Nature, Concept and Theories of Intellectual Property Rights
Views : 120 Property was said to be classified as movable or immovable during the ancient era. But with the
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Structure and Role of Indian Government in Environmental Protection
Views : 80 In recent years, the world has collectively seen heaps of advancements taking place. A greater focus had
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THE DOWRY PROHIBITION ACT, 1961
Views : 111 As per Indian societal practices, Kanyadan has been a prevalent ritual. It is laid down in Dharmashastra
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DISPUTE SETTLEMENT BY WTO
Views : 40 International trade is the key to increasing the world economy. Importing and exporting goods and services from
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BIOLOGICAL DIVERSITY ACT,2002 : A WALKTHROUGH
Views : 85 “Biodiversity starts in the distant past and it points towards the future. – Frans Lanting INTRODUCTION It
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TERMINATION OF AGENCY UNDER THE ICA,1872
Views : 82 The contract of agency is a type of contract which represents and defines a relationship between two
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LAW AND JUSTICE
Views : 101 In general, the law is a set of rules, ordinance, order, bye-laws, regulation, notification, custom or usage,
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Restitution Of Conjugal Rights: Section 9 Of Hindu Marriage Act
Views : 170 Marriage is considered to be the purest bond between two individuals. It gives them the recognition to
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THE RIGHT AND PROCEDURE FOR REVIEW UNDER CPC
Views : 47 The Indian Constitution, under Article 137, provides the constitutional power to the Supreme Court to re-examine its
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INTERNSHIPS: CHALLENGES AND WAY FORWARD
Views : 79 Internship is a short-term opportunity given by employers of both nonprofit and for-profit sectors to students where
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CONSTITUTIONALITY OF ADR
Views : 54 The Alternative Dispute Resolution (ADR) system is an effective method adopted by many countries worldwide. WHAT IS
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VARIOUS ASPECTS UNDER TRANSFER OF PROPERTY ACT, 1882
Views : 39 Before the Transfer of Property Act, which came into force in 1882, the transfers of India’s immovable
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LIABILITIES UNDER THE MOTOR VEHICLE ACT
Views : 43 The Motor Vehicle Act (Amendment), 2019 gives detailed legislative provisions regarding licensing of vehicles, registration, control of
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NATURE, SCOPE, AND DEVELOPMENT OF ADMINISTRATIVE LAW
Views : 370 The law which is related to administration is known as administrative law. The administrative procedure has witnessed
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INDIAN PARTNERSHIP ACT, 1932: DEFINITION, NATURE AND TYPES
Views : 83 The term partnership is derived from the word ― “to part”, which means ― “to divide”. A
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The Convention on Elimination of Discrimination Against Women
Views : 166 Any society that fails to harness the energy and creativity of its women is at a huge
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Right to Emergency Medical Services in India – Where Do We Stand?
Views : 54 Emergency Medical Service (hereinafter, as EMS) is a branch of emergency services dedicated to providing out-of-hospital acute
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EVOLUTION OF LEGAL REGIME IN MEDIA LAWS
Views : 48 The term mass media or media was coined around the 19th century. Since it evolved in the
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THE CONSTITUTIONAL RIGHT TO HEALTHY ENVIRONMENT
Views : 121 A healthy environment is rudimentary to human life. In Hindu religion and various other parts of the
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Asylum Seekers – A Victim of Circumstance
Views : 279 A bundle of belongings isn’t the only thing a refugee brings into his new country. Einstein was
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Breach of Privacy vis-à-vis Special Marriage Act
Views : 37 The Special Marriage Act provides for a special type of marriage, registration and divorce. Marriage between any
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Carriage of Goods
Views : 80 With the changing economic scenario, factors like globalization of different market aspects, international economic integration and removal
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Interplay Between IPR & Competition Law
Views : 112 The main aim of the competition laws in an economy may be defined by the assurance of
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Legal Education System in India
Views : 115 Legal education imparts knowledge of principles and provisions of law to the law students who are then
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Constitutional Remedies: Article 32 and 226
Views : 94 Fundamental rights, enshrined under Part III of the Constitution, are essential for intellectual, moral and spiritual development
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Directive Principles of State Policy & the Relation to Fundamental Rights
Views : 82 The Indian Constitution is a vital source of the working of the country. The Constitution not only
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Cybercrimes and the Need for New Laws
Views : 102 In today’s time, technology is advancing rapidly. In almost all the spheres of life, people have become
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Legislative Relation between the Union and States
Views : 201 Legislative relation between Union and States have been discussed in the Constitution from Article 245 to Article
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Natural Law School- Jurisprudence
Views : 134 Human beings have undergone a long way to its evolution. All the schools of Jurisprudence provide us
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Framing and Institution of Suits- CPC,1908
Views : 194 The term ‘suit’ is used to refer to a proceeding by a person(s) against another in a
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Bonded Labour In India
Views : 249 We all are aware of the rich culture that exists in India. It is a heritage of
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SEXUAL HARASSMENT IN INDIA
Views : 156 Sexual harassment is one of the most heinous crimes in today’s world. It makes the world a
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All You Need To Know About: Competition Commission Of India
The Setting up of the Competition Commission of India regime in India has so far proved to be a much more difficult task in hand than what was initially envisaged. Starting from the last decade the Competition Law in India has seen a lot of twists and turns in its application. Initially, there were two basic laws regarding the implementation of Competition Law in India.
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Gender Biasedness of The Indian Penal Code
Views : 837 India is the largest democratic country with the longest written constitution in the world, Therefore, people’s adherence
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Revision of Women’s Legal Age for Marriage
Since 1978, the legal age of marriage for girls has been 18 years, while the same is 21 years for boys. As per the Indian Majority Act, 1875, the minimum age of marriage is distinct from the age of majority. Recently the Finance Minister of India, Nirmala Sitharaman, revealed in her budget speech on February 1, 2020, that a task force had been implemented to look into the age of a girl entering motherhood and marriage. This may include revising the legal age of marriage for women from 18 years to 21 years – the same as a man’s legal age for marriage.
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Abolition of Limited Estate in The Light of Hindu Succession Act, 1956
The privilege of possession of title is significant for one’s opportunity and advancement. In ancient times, the rule of inequality prevailed in society, owing to which females could not avail of their fundamental right of property. But in today’s era, females enjoy certain freedoms. However, many women do not meet their privilege, either because they are uneducated or are ignorant of their legal rights.
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Pre-Packaged Deals In India
Owing to COVID-19, the Government, in an attempt to mitigate the predicaments of companies, decided to suspend the Insolvency and Bankruptcy Code, 2016. The subject of suspension of the IBC gained more impetus when clarification was issued on June 5th, 2020, as an ordinance. Section 10A, which essentially suspended the effect of Sections 7, 8, and 10 for a year, was inserted. The Coronavirus crisis has been a catalyst that led to this development, as the rationale was to protect the interests of the Micro, Small, and Medium Enterprises.
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Arrest And Rights Of An Arrested Person
The expression “arrest” means the detainment of any person by lawful authorities. After the arrest, the liberty of the accused is in the dominance of the arrester. Under the law of crimes, an arrest is an essential tool to present the accused to be taken before the court and to prevent absconding. According to the Farlex Legal Dictionary, “arrest” is defined as “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.”
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Legal Recognition of Same-Sex Marriage: A Necessity
LGBTIQ represents persons who identify themselves as Lesbians, Gays, Bisexual, Transgenders, Intersexuals and Queers. These are the people who do not fall in the category of male and female, some biologically and some in terms of their sexual orientation. After the historic judgement that decriminalised consensual sexual interaction between homosexuals, the question that arises is that after a long battle for sexual freedom, what will be the next step towards the complete exercise of civil rights. Civil rights and fundamental rights include rights like the right to choose one’s own partner and the right to marriage.
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Plea Bargain: Overview And Challenges
Plea bargain, also known as plea agreement or plea deal, refers to the pre-trial negotiation or agreement, in a criminal case, between the prosecutor and the defendant. Herein, the defendant, in exchange for some concession from the prosecutor, agrees to plead guilty or nolo contendere to a particular charge. In other words, ‘plea bargaining’ is a deal offered by the prosecution side in order to induce the accused to plead guilty.
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Marital rape- An Oxymoron?
The general meaning of rape can be understood as unlawful and forced sexual intercourse. Merriam Webster defines it as an illegal sexual activity committed by force or due to threat of injury and is against the will of the victim or someone incapable of giving consent due to mental disability, disorder, and unconsciousness.
The term’s legal definition, in the context of its consideration under Indian laws, has been codified under Section 375[1] of Indian Penal Code, 1860.
Law of The Sea
Earth has oceans that cover upto 72% of its surface. The understanding of the value of oceans is lesser-known to mankind. We all have been aware of the drastic changes taking place in our environment, the pollution gnawing at the very thing that is important for our survival. Not only the mere trade, economic activities carried about in these oceans are being subject to risk but also the conservation of the marine living resources is being difficult.
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Private Defence- Protection Against Body Or Property
Every citizen has the right to help himself, and the right of private defense must encourage the citizens of every free, democratic country. We have to understand one thing that the right to personal security is not applicable when there is time to have a source to get any public authority protection. Sections 96 – 106 of Indian Penal Code, 1860 deals with the right to private defense. Under these sections, the provision mentions that the person can use all his necessary forces to protect their life, property, or even another person’s life or property.
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What Is Insider Trading and How does SEBI Deals with It?
Insider trading includes trading in a public company by someone who has confidential, price sensitive information, and who uses and deals with such information. Insider trading can either be illegal or legal depending on the knowledge, based on which the individual is trading. According to section 2(h)(ha) of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992[i] ‘price sensitive information’ means any information relating to present, future or even past, that has the potential to affect the prices of securities and value of the company.
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Adoption under Hindu Law
It’s not rocket science to predict that our country’s future lies on our young ones’ shoulders, and the government takes adequate measures to maintain their safety. In doing so, government and judicial authorities focus on the adoption laws of children. It’s unfortunate to see that on one side, we have children who get all the necessities, their guardians adequately feed them, they are provided with every amenities, starting from clothes to education. Moreover, they are loved.
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Prevention of Child Labor
Child labor is something that is distinguished from normal labor. Child labor refers to a practice whereby a child, under the legal age for working, i.e. 14 years, is made to do work that is physically or mentally harmful for them in such age. Universally, the age for considering a person a child is 18 years of age. Child labor occurs in almost every industry, for example, brick making, bangle making, agriculture, and various hazardous work.
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Analysis of Sources of Law In India
The study of Sources of Law is the study of various phases of its development that gave it new drive and vigor and enabled it to verify the dynamical wants. Law is not static, since society is constantly evolving, legal guidelines also are changed to keep pace with the necessities of society. There are as many interpretations of the expression ‘Sources of Law’ as there are schools and theories regarding the concept of Law
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Marijuana – Should It Be Legalised In India
Marijuana, also known as ‘Vijaya’, is termed to be one of the five sacred plants existing on earth and yet it is not legal in India. Marijuana is a form of drug which is made from the leaves and flowers of cannabis which produces the feeling of being relaxed when consumed either by smoking or eating. However, why is marijuana not legal in India? And even after that, why do we consume it on the joyous occasions of Holi (bhang) and Maha Shivratri (thandai)?
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All You Need To Know About Defamation
The term ‘Defamation’ can be well understood with a proverb ‘think before you speak’. Any statement made against the other party, which tends to lower his status among the right-minded people can get you two years of jail term! In the case of Nambi Narayan v. Silbi Mathews[1], the Supreme Court held that the reputation of an individual is an insegregable part of his right to live with dignity.
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Media Trials
Though there is no specific definition in any law, ‘trial by media’ may be defined as adjudication by the media, of cases, either before, during, or after the verdict of the court. Media is also called the fourth pillar of democracy and plays a vital role in molding the opinion of the public.
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Mental Health: Indian Scenario And The Impact Of Covid-19
Mental health, a major concern worldwide, affects a person’s thinking, mind and behavior. It includes emotional changes in human beings accompanied with psychological changes like schizophrenia, depression,etc. At every stage of life, mental health is important, be it childhood or adulthood.
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Govt Relaxation to Ease Global IBC Regimes in Times of Pandemic
COVID-19 which erupted from the Wuhan region of China hastily turned into a global health emergency with threatening outcomes in Italy, America and some European countries. The disease which at the first instance seems to be normal has left long-running economies in peril of serious setback. The essay starts by assessment of the menacing effects of this pandemic on various economies including India.
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Doctrine Of Separation Of Power And Its Relevance In The Modern Era
The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power. This is a system of checks and balances that prevents any organ from becoming supreme or misusing its power. The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power.
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Corruption And India
Corruption is the wall that is standing between a developing India and a developed India. Corruption in India is an issue that is affecting the country’s economy in many ways. Corruption is not just holding the economy back but has also not allowed the country to develop.
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Need For Codification of Muslim Personal Law
Islam is one of the oldest religions in the world. This religion originally originated from Arabic countries but now it is being followed by the people of most of the countries in the world. Unlike the personal laws of other religions, the Muslim law in India is largely uncodified. This means that there is no law enacted by the legislature of the state to govern the Islamic religion in India.
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ADR and Its Types
Alternative dispute redressal’s goal is enshrined in the Indian Constitution’s preamble itself, which enjoins the state: “to secure to all the citizens of India, justice-social, economic and political-liberty, equality, and fraternity.”[2] ADR was formally introduced in India by the legislature by amending section 89 of the CPC and Order X Rule 1-A to 1-C, following the Law Commission of India and the Malimath Committee’s recommendations.
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Boycott of Chinese Apps
In the wake of going head to head with Chinese powers on the India-China fringe in Ladakh, and a brutal conflict on June 15 that left 20 Indian fighters martyred, the Indian government on June 29, prohibited 59 applications of Chinese origin, referring to information security and national sway concerns. These include popular apps, for example, TikTok, SHAREIt, UC Browser, CamScanner, Helo, Weibo, WeChat, and Club Factory.
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Analysis of the Administration of Rule of Law in the Present World
The concept of “Rule of Law” is derived from the French phrase ‘La Principe de Legality’, literal translation of which is ‘the principle of legality,[1] referring to a form of government based on principles of law and not of men.Rule of law implies that government authority must operate per the written laws, which are held to be supreme, adopted through an established procedure.
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Impact of Capital Market on India
The Indian capital market played a vital role in saving mobilization in the year 1950. During the period of 1960-1980, the importance of the capital market was diminished and during the same time as a proportion of national income, the domestic savings were increased from 13%- 22%. From the capital market amount fund was raised up to 13% of net domestic saving.
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Plea of ALIBI
The word ‘alibi’ is of Latin origin which means “elsewhere”. It is used by the accused in order to safeguard himself, to show that when the offence took place, he was present elsewhere and that it would be exceptionally unrealistic for him to have been able to reach that specific place where the offence has taken place.
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Regulation of Companies: Raising of Capital Issue of Prospectus
Raising of capital refers to the process of procuring capital funds that are undertaken by companies, governments, etc. Companies may raise capital either by means of a debt instrument or through the issuance of shares. Depending upon the structure of a company, the method of raising capital generally varies. Factors that affect the raising of capital by a corporate include management structure, governance and quality, strategies, and the purpose and funding requirements of the company.
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Sociological School of Jurisprudence
“Values” are core beliefs within society as to what is good and bad, moral and immoral, and acceptable and unacceptable. Similarly, “norms” are action aspects of values that teach us how to behave in a situation and “customs” is a close synonym to the norm, which guides the life of an individual. These were the founding stones of law. “Laws” were formal “norms” that attracted sanctions by the society.
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Expound the Term “Test Identification Parade’’
In all criminal trials, two things should be identified, i.e. whether the alleged offence was committed and who committed the crime. To identify the accused, the practice of test identification parade (hereinafter, TIP) is undertaken. This test is done by the magistrate in the absence of interference by police. Section 9 of the Indian Evidence Act, 1872 talks about the Test identification parade.
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Freedom of Press: A Guaranteed Right?
The Constitution of India, under Article 19(1)(a), provides for the right of freedom of speech and expression to every citizen of India. Freedom of speech and expression connotes the citizens’ right to speak and to freely express their views without any unreasonable restrictions. In this article, we will study the freedom of the press which comes under the ambit of freedom of speech and expression.
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Men- The Unheard Victims
The patriarchal theory that men typically dominate women is omnipresent. The idea is not wrong but is not cent per cent true. Indian women and children are protected by the Indian laws against various offences and are also given special rights that they can avail. Conversely, men in India have few rights that they can avail.
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The History of Lynching
Lynching comes under the family of mob violence and is often defined as the killing of someone by a group of people, for an alleged offence, without a legal proceeding. These killings are often preceded by a form of torture. In India, the Protection from Lynching Act, 2017 defines the term lynching as any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds. Lynching, as a phenomenon, is relatively new to India.
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Gift: Concept and Kinds
In layman terms, gift refers to a unilateral transfer of ownership, without any consideration. According to the Transfer of Property Act, 1882, ‘gift’ means the transfer of a thing, which can be movable or immovable in nature, to a person, without any consideration. In the transfer of gift, it is essential that the thing which is being transferred should be in existence at the time of making the gift and thus, a future property cannot be transferred or cannot be gifted.
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India And China: The Digital Tussle
The relationship between China and India, also known as Sino- Indian relations, have varied over the passage of time. The two nations have sought after economic corporations with one another, with the border dispute being the highlight. India was the nation who ended the ties with Taiwan and perceived their people as a legitimate government of Mainland China. In 2012 China stated that Sino – Indian ties could be the most important bilateral partnership.
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International Trade – Economic Theories
As per traditional concepts, trade was understood to refer to the exchange of goods. However, in the present era, it relates to lending, movements of goods, transactions linked with the flow of goods, promotion of buying and selling advance, borrowings, discount bills and mercantile documents, banking, and other forms of supply of funds. International Trade is the trade between two or more states, i.e., trade across borders. It may either be between the residents of two different states, or between two different states, or between a state and a resident.
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India and its Lingering Border Disputes
For far too long, India has been in the eye of the storm regarding its several border disputes. In recent times, the nation has excelled to resolve its boundary disputes with Bangladesh and Sri Lanka and trying out all possible ways to resolve the issues. The un-demarcated borders with Myanmar, Bhutan, and lately with China, Pakistan, and Nepal have often outburst into conflicts. Likewise, India is able to restitute its marine boundary dispute with Sri Lanka and Bangladesh.
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CONTEMPT OF COURT- THE LATEST WRANGLE
“I do not ask for mercy. I do not appeal to magnanimity. I cheerfully submit to any punishment that the court may impose,” a quote paraphrased from the sayings of Mahatma Gandhi, stated by Advocate Prashant Bhushan. The matter revolves around “Scandalizing the Court” or The Contempt of Court which relates to an offence that shows disrespect to the dignity or authority of the court in a certain way.
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Offensiveness in Obscenity and the Legal Provisions
Depiction of obscene materials and Pornography is considered as the forbidden subject in the social fabric of India. It cannot be denied that obscenity is against decency and Morality. Generally, it can be seen by advertising materials in which the women are used by showing their different body parts. Nudity is exhibited on the internet in the form of videos and pictures.
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Evidentiary value of FIR
FIR stands for First Information Report and is dealt with under Section 154 of the Code of Criminal Procedure, 1973 (hereinafter, “CrPC”). It simply means any information given by a person (this can be anyone including the victim, third party, etc.) to a police officer on duty regarding the commission of an alleged cognizable offense.
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Extrajudicial Execution: An Analysis
Extrajudicial execution refers to an act of killing that is affected outside the course of regular judicial proceedings; not founded upon, or unconnected with, the action of a court of law. It is considered as the highest form of violation of democracy since the whole idea of democracy is based on the recognition of individual liberty.
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Protection In Pandemic: The Legitimacy of Aarogya Setu App
As society is struggling to stay on top of the COVID-19 pandemic, there is a major responsibility on the governments to effectively deal with this public health crisis, in such a manner that it does not restrict the civil liberties of its citizens.
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Independence of Judiciary
This system can be called the ‘Horizontal Power-Sharing Model’. It is followed mainly to reduce the possibility of concentration of powers in any one organ, making it powerful. Through this system of division of power, the Constitution has endowed the system with checks and balances where one organ cannot infringe upon the areas others are dealing with.
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Dissolution of Muslim Marriage
Marriage is a holy union of two souls but under the Mohammedan Law, marriage (Nikah) is defined as ‘The Union of Sexes’. Further Prophet Mohammed defines marriage as a civil contract and not a sacrament under the Muslim Law with the intent of procreation and legalizing the childbirth.
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An Overview of The Doctrine of Cypres
The word “Cypres” is a Latin word which means, “as nearly as possible” or “approximation”. About the charity, it means the application of that fund to the objects or a purpose which are not precisely those the donors provided for but which are as nearly as possible fit for his intention.
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All You Need To Know About Corporate Governance
Oxford dictionary defines ‘governance’ as the activity of governing a country or controlling a company or an organization. Begin with the sentence ‘corporation governance’ means that bunch of rules, practices, systematic procedures which a firm is directed and controlled.
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President of India: Powers and Duties
Article 52 of the Constitution of India states that there shall be a President of India. The President will be regarded as the Constitutional member.
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Who can seek maintenance under section 125 of the CrPC?
The term ‘maintenance’, has not been defined anywhere in the Code of Criminal Procedure, 1973. However, chapter IX, sections 125-128 of the code deals with the provisions for maintenance and provides for a speedy and effective remedy against a person who neglects or refuses to maintain their dependent wives, children, and parents.
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Honour Killing In India: A Legal Perspective
Honour is a prime and valuable asset of human beings. It is an intangible property of both men and women. Honour killing is the killing for the sake of honour. Killing someone in the name of honour is not only against the law but also a significant violation of human rights. Honour cannot be sacrificed either for the individual interest or for the collective interest of the society.
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Patent Law In Times Of Pandemic: Ensuring Affordable Access of Drugs To All
This article seeks to understand the various ramifications of patent laws worldwide and its implications in India with respect to drugs and potential vaccines for COVID 19. It also tries to analyse from a legal point of view, the different elective approaches that have been accessible to Gilead and other expected partners to guarantee reasonable access of Remdesivir, and the inspiration towards embracing voluntary licensing models.
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Mechanisms of Amendments of the Indian Constitution
From a young age, Indians are taught to take pride in their country and their Constitution. The Constitution of India sets the tone of the country’s polity, establishes the framework for the functions of different organs, and lays down the nature of the relationship among them. It supersedes any provision made by the Parliament of India that may contrast to the provisions mentioned in the Constitution.
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Agency – The Indian Contract Act, 1872
Chapter X of the Indian Contract Act does not include all the aspects of the agency, it tries to cover general terms and it does it effectively. The concept of the agent is fairly extensive and compressing it into sections is a tedious job but the Indian lawmakers efficiently stood up to the task. This article focuses on the status of minors in the contract of agency, it also tries to highlight the key aspects of agency and differentiates between the relationship of master-servant and principal-agent. Furthermore, the article discusses express agency, implied agency, and agency by estoppel as well as the article clears the clouds of doubts surrounding the agency of necessity.
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The Environmental Impact Assessment Draft – A Future Predicament
2nd– 3rd December 1984, the day when approximately 10,000[1] lives were lost and at least the lives of 6 Lac people were disrupted, this incident took place due to a gas leak at the Union Carbide India Ltd. Pesticide plant in Bhopal, Madhya Pradesh
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Enforcement of Copyright: Infringement, Exceptions And Remedies
The domain of copyright as an intellectual property involves the protection of literary and artistic works and other related rights and includes writings, paintings, musical compositions as well as technological works like computer programs and software.
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Balancing Individual Liberty and Prevention of Atrocities Law
The Constitution of India seeks to create a state of pluralistic views and ideologies. Like every society, India isn’t free from social perils that arise out of ideological differences in different communities or even in an enclosed system of caste.
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Sovereign Immunity – The Indian Perspective
Sovereign Immunity justifies the wrongs committed by a State and its servants. That means even when the state or its representative has committed a wrong with all essentials of an actionable claim, it can steer clear of liability under this doctrine.
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COVID-19: A NEW RAY OF HOPE TO ALL THE CONTRACT OBLIGATIONS
We are all aware of Covid-19 outbreak and how it is affecting human lives around the world. In such situations during the lockdown, many activities are suspended temporarily such as business activities, stock market, economic activities etc.
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An Introduction to Cyber Crime
The Internet, computers, mobile phones, and other systems of technology have transformed all part of human life over quite a few decades, including how we interconnect, banking, shopping, acquire the update, and amuse ourselves. These high-tech progressions have also created numerous prospects for criminals to commit several forms of offences.
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Understanding Eco- Sensitive Zones
Nearly a third land on Earth is covered by the forests, which provide a vital organic framework for some of the planet’s impenetrable, most diverse collections of life. They support countless varieties of flora and fauna, including mankind.
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Is the rule of law also shaken by the COVID-19?
Nobody in their dreams thought that a period like this will come, where we will be stuck at our homes and that distancing from other humans and being isolated will be the only way of staying safe and keeping others safe. The world was not ready for a pandemic like this.
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National Education Policy 2020: An Analysis
The National Education Policy 2020 (NEP 2020) which was approved by the Union Cabinet of India on 29 July 2020 outlines the vision of India’s new education system. The new policy replaces the previous National Policy on Education, 1986. The policy is a comprehensive framework for elementary education to higher education as well as vocational training in both rural and urban India. The policy aims to transform India’s education system by 2040.
The government has taken a very good step.
Honour Killing: The least recognized form of violence against women’s autonomy
The term ‘honour killing’ has often been misinterpreted as the ritualistic method of murder that is precipitated by the perceived loss of the aggressor’s honour. The victims in this form of crime are generally women and the perpetrators are males. A widespread form of gender violence against the autonomy of women particularly in the area of marriage and sexuality needs to be brought to concern and inquired into.
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Social Intermediaries: Why Are They Still Scot Free?
We often neglect to ponder upon the fundamental cause of problems prevailing in the society. With the incidents of cyberbullying sprouting with minors acting as both offenders and victims, we seek to study all spheres of society and denounce the liable authority.
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All You Need To Know About Right To Information Act, 2005
The right to information as has been given to the Republic of India has a long history of origin. In 1977 the government headed by Morarji Desai decided to form a committee to review the Official Secrets Act of 1923.
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Pm Cares Fund: It Is Time to Address The Elephant In The Room
On March 28, 2020, the Prime Minister of India Narendra Modi announced the creation of a fund called Prime Minister’s Citizen’s Assistance and Relief in Emergency Situations[1] (hereinafter ‘PM CARES’) to fight COVID 19 which has been declared as a pandemic by the WHO. As on May 20, 2020[2], around INR 9,677.9 Crores were received from various sources into the PM CARES.
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The mindset must change- Permanent Commission to Women Officers in Indian Defence Services
A Permanent Commission in Indian Defense Services indicates that a person may serve in the Defence Services until he/she retires, unlike the SSC. The SSC officers are the people who come into action for a brief period of time, usually lasting from 7-14years until they have to retire.
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The Principle of Complete Justice
We live in a world where each and every act is differentiated as the legal or illegal act. Each and every process has a definite time and way to be completed to get it done well. In the way now the judicial system is highly developed. Every layman approaches the courts to solve his problem and get justice through the verdict of courts.
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Migrant Workers And State Responsibility
Because of the extreme situations this year, migrant problems are finally being discussed at national and international platforms. Migrant workers contribute to around 4% of the global population in search of jobs and better facilities and even with a plethora of legislations Internationally and in States, the facilities they receive are worse.
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Regulation of Online Curated Content (OCC) in India
Online Curated Content (OCC) Platforms are companies that carry on the business which curates and presents a wide variety of content by means of online video-on-demand platforms. Amazon Prime, Netflix, Hotstar, Zee5, etc are examples of OOC Platforms operating in India.
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Intellectual Property and The World of Web
Some years ago, countries of this planet decided to globalise with unprecedented pace but they were unaware of what was about to emerge from the pot of destiny. Globalization required newer ways of connectivity and so the advent of the Internet gave a completely new dimension to the same. In the 1990s world was observing the growth of the internet, it was expanding its scope, also in the same years of the ‘90s, various commercial and non-commercial activities were being facilitated through World Wide Web. Before the involvement of commercial activities on the internet, the internet was free from intellectual property issues. But the development of commercial activities in the internet spectrum not only saw the rise of intellectual property issues on a local stage but these issues became a regular theme of public policies globally.
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Pre-Trial Proceedings under the Code of Criminal Procedure- 1973
Generally, most citizens of the country do not have much knowledge about the Pre-trial proceedings of a criminal case or in a criminal complaint. It is a basic understanding that pre-trial proceedings include all the stages, starting from the time the person gives information as to the commission
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Palghar Mob Lynching and the Corruptive Silence
The article is about how to resist back from the group of monstrous people in our country who are staged ubiquitously in our society with an intention to swallow our country by slaughtering an innocent individual merely based on a presumption of the crime which may be done by a person or because of supposing on the false rumors based on caste, religion, sex, race, political affiliation or other diverse grounds.
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Legal Provisions for The Protection Of Women
India has a huge number of crimes in the past few years, especially against women. Women are not secure anywhere whether it is in their houses, public places or at the workplace, etc. Even, in this era, one of the major concerns is to safeguard and protection of women. Consistently, there is a rise in violence against women. As we live in a democratic country where women were considered a symbol of spirituality in our scriptures but, they are treated unequally.
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The Pre-Requisites of NIKAH ( Muslim Marriage)
India is blessed with several world religions and therefore no single world religious establishment can be the counterpart of the secular edifice. Therefore, instead of keeping religion out of politics, we sensibly give equal respect to each religion. However, the question as to what is religion remains the same.
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Whether Putting “Sindoor” and Wearing “Mangalsutra” is an Integral Part of a Hindu Marriage
Since time immemorial marriage is referred to as the most important institution of human society. In Hinduism marriage is considered a very sacred and pious union. It is considered as an important social institution between two families rather than between two individuals marking the new beginning in the life of both the bride and groom. Ancient scripture like the Vedas has laid down the importance of marriage in a person’s life.
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Legal Analysis of Quarantine Powers during the Coronavirus Pandemic
The oldest method to reduce the rapid spread of bacterial and viral infections is Quarantine. The first law was passed in 1377 by the Great Council regarding medical isolation of the plague struck European countries. Initially, the isolation was for 30 days and was called ‘trentino’ nut when the isolation period was increased to 40 days the term shifted to ‘quarantine’ deriving its origin from the Latin word ‘quadraginta’.
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The Debate: INDIA Vs BHARAT
Should India be renamed as Bharat? The very first article of the constitution says “India i.e. Bharat shall be a union of states and union territories.” India still is called Bharat in many native languages amongst the citizens who are living here. There were many other names associated with this country from times immemorial which has an untold history associated with these names.
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National Agricultural Co-operative Marketing Federation of India Vs. Alimenta S.A.
Under a standard FOSFA contract, National Agricultural Cooperative Marketing Federation of India Ltd. (NAFED) was required to supply Alimenta SA with 5,000 MT groundnut.
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A Digital Strike in India to Secure Sovereignty
Harold Laski in the Respublica Christian said that “oneness” of humanity was to be found through the pervasive unity of God (jus divinum)[1]. Jean Bodin’s De la Republique reflected the state makes, interprets and applies its own laws.
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The Capital Punishment In India
The issue of capital punishment is the most controversial and relevant topic for debate and discussion. It has been debated or discussed in many plays even in news channels, studies from prolonging time but till now no conclusion can be a draw
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Different School of Law
Jurisprudence stands for ‘knowledge of law’. it’s a study of law or philosophy of law. with the help of different schools of law in Jurisprudence, discern application, implementation and purpose of law.
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Medical Negligence in India – A brief Study
When a patient approaches a doctor, it is out of trust that he possesses such knowledge and skills to cure the medical problem, and this leads to the formation of a contract between both of them.
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HINDU LAW: DHARMA OF HINDUS
India is a country of diversity where people from different communities, religions, race, thrive on the same land. Regardless of their distinctions, people share an invisible bond of respect and care for each other.
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INDIA and COVID-19
The start of reporting of coronavirus cases in India was seen around the end of January. Since then the number kept on increasing from 100-120 per day to 17000-20000 every day crossing the overall figure over 7 lakhs at present.
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Constitutional Right to Fair and Speedy Trial
The preamble of the Indian Constitution states that India is a Sovereign, Socialist, Secular, Democratic and Republic country which provides Justice, Liberty, and Equality to all its citizens.
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Political Asylum: National Security Compromise or Helping Hand in Need
Human right is the baseline for survival and right to flee away from one’s own country from any kind of persecution, whether religious or political-based. But, the problem to be focused is whether the country where they fly away to accept them and has any sort of obligation to provide them shelter.
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Lockdown: The Womanly Perspective
An unannounced and uninvited virus arrived like a whirlpool into the lives of the humankind, upsetting the stagnant routine and forcing the governments over the continents to enforce lockdowns, isolating the residents. It took only a day or two for the cacophony of the busy roads to transition into the sweet dulcet of nature.
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‘Trial by Social Media’ – A Boon or Stress Booster?
We know social media day is observed annually on 30 June. Today is 30 June 2020 and I am taking this opportunity to pen down something relating to the social media & law. Now the question that naturally arises is how on earth these two terms social media & law are related to each other?
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Mediation under ADR
Alternate Dispute Resolution refers to the settlement of dispute without the intervention of a court. These are the less formal, time-efficient and amicable ways of settling the disputes of the contesting parties.
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Preventive Detention: Antithesis to Due Process
The constitution of India has enabled the parliament to exercise preventive detention laws in India, citing the rationale to be “the security of a State, maintenance of public order, or maintenance of supplies and services essential to the community.”
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Law On Common Intention: A Glance At Section 34 Of The Indian Penal Code, 1860
Criminal law deals with secondary liability in several ways. When more than one offender is/are engaged in an offence(s), the charge-sheet against them usually carries Section 34 along with other relevant charges. Section 34 of the Indian Penal Code, 1860 (IPC) has always been in controversy considering its frequent use and yet its inadequate interpretation.
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Visuality of Freedom of Press: In light of the World Press Freedom Index 2020
Press is a medium of social, public, and political intercourse. It is a powerful tool of expression of opinion, a means of communication of facts of public life. Freedom is essential for the press, to perform dynamic roles, in the country.
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Common intention and Common object under IPC
Consider a case dealing with multiple accused, so the question arises that should the law deal with the individuals with their separate individual acts and through separate charges, or should they be dealt as a group if an act is done by an individual on behalf of others.
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Unconstitutional and Unethical Matrimonial Remedy – Restitution Of Conjugal Rights
Marriage is the most significant and holy association in our society. In general, marriage can be portrayed as a bond/responsibility between a man and a lady. As it is observed the experience of marriage can be fruitful or unsuccessful. And at times in a marriage, one accomplice decides to step out of their relationship, and another accomplice attempt to spare their marriage take recourse to matrimonial remedies.
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Explicit Embargo on The IBC: A Masterstroke Or A Desperate Move?
The current pandemic has brought with itself a whole slew of problems. The novel coronavirus (SARS-CoV-2) onslaught has resulted in the entire world economies coming to a standstill. This is an unprecedented scenario. The situation pertinent to India is no different and consequently, the Indian economy is standing no fairer than others. The forecasted growth rate of India is gaining momentum in the downhill direction. The growth rate predicted by the United Nations has been slashed down to a mere 1.2 percentile in the ongoing year crisis
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