This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology INTRODUCTION Registration of documents is most important part of any of your transactions because with the help of it you can easily prevent your upcoming problems in standard way. Suppose you want to buy house but without its proper documentation you are … Read more
This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology HIBA A gift is a transfer of property ownership from one live person to another living person for no monetary payment. Gifts are referred to as ‘Hiba’ in Islamic law. To be more specific, the term “gift” has a broad connotation and … Read more
This Article is written by Ashima Gupta student of VIPS, Delhi. INTRODUCTION Arbitration is the process through which an arbitrator is appointed to provide a binding solution to a dispute between two consenting parties. It is a way of resolving conflicts and disputes outside of the court which saves both time and money. In India the Arbitration … Read more
A lapsed patent is a patent that has become ineffective because the fee stipulated by the Patent Law has not been paid. It should be noted that patent owners can request the restoration of expired patents. Such a request for recovery must be made within 18 months from the date the patent expires. Patent law … Read more
The Relation between the 42nd Amendment and 44th Amendment explained by Bharatee Preeya A.K. 42nd Amendment: The most controversial and debatable piece of constitutional amendment ever taken in India since 1950 was none other than the Forty-second Amendment. The Constitutional Act,1976 received the assent of the president on 18th December 1976. Some of the provisions … Read more
This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology. INTRODUCTION Criminal law is basically public law because when a crime is committed it harms the state in any way. To live in this world or society peace is most important but sometimes it gets hampered. When a crime or criminal liability … Read more
This Article is written by Ashima Gupta student of VIPS, Delhi. Corporate Social Responsibility means a company’s sense of responsibility towards the society and the social and ecological environment in which the company operates. A company operates and Corporate Social Responsibility is conducting business while also considering social good. CSR is an act in which the economic … Read more
This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology. HISTORY OF PATENT LAW Government appointed Justice Rajagopala Ayyanagar to examine and review about initiating patent law in India and advise the changes required for the same in regards with the law to the government. Due to different technologies and development in … Read more
This Article is written by Diksha Vohra students of UILS, PANJAB UNIVERSITY CHANDIGARH. INTRODUCTION Personal Law is a law which applies to a certain class or group of people based on religion, faith, culture and customs. For example Hindu law, Persian law, Christian Law, Muslim law etc. From where did Personal Law emerge? With the … Read more
This Article is written by Ashima Gupta student of VIPS, Delhi. INTRODUCTION The rape laws in India has seen a lot of changes. Various amendments have been made over the years to expand the scope of the rape provisions and make the laws stricter. The original IPC of 1860 did not define rape properly and it’s scope … Read more
This Article is written by Diksha Vohra students of UILS, PANJAB UNIVERSITY CHANDIGARH. Character of a person is a summary of his past actions, whether good or bad. Character is a continuous act and includes the individual patterns of behavior and characteristics which make up and distinguish one person from another. For instance, A … Read more
This Article is written by Madhvi student of UILS, Panjab University. CHANDIGARH. A company is recognized as an artificial person and has a legal status. It is governed by certain rules and regulations. The Memorandum of Association (MOA) and Articles of Association (AOA) provide for the company’s own framework and constitution which lays down objectives, … Read more
This Article is written by Anurag Choudhary student of Delhi University. Contempt as a term in the legal parlance refers to the offence of demeaning the authority and sanctity of a Court of law. It aims to protect judicial institutions from tendentious attacks and unwarranted criticism which might tarnish its image in public. Interestingly, the … Read more
This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology Internal aid means a medium to interpret the Statute internally. These are the important aspects of the Statute which aid to interpretation of the same. Every enactment has its title, preamble, heading, clauses, etc. it means internal aid to interpretation. The … Read more
This Article is written by Ashima Gupta student of VIPS, Delhi. INTRODUCTION A historic judgment was delivered by the Hon’ble Supreme Court on 15 April, 2014 by a bench comprising of Justice K. S. Radhakrishnan and Justice A. K. Sikri in the case of National Legal Services Authority v. Union of India. This case was … Read more
This Article is written by Anurag Choudhary student of Delhi University. BACKGROUND The framers of the Constitution had granted Judiciary an independent status. But the appointment of the judges of the High Court and Supreme Court was left to the President, who worked on the advice of the Council of Ministers. Under this situation, initially, … Read more
This Article is written by Hia Sharma student of Himachal Pradesh National Law University Shimla. What is contract of pledge? Section 148 of The Indian Contract Act, 1872, hereinafter referred to as the ‘Act’, defines bailment as the ‘delivery of goods by one person to another person to serve for some purpose’. There is a contract that … Read more
This Article is written by Hia Sharma student of Himachal Pradesh National Law University Shimla. Introduction Criminal law in India is guided by The Indian Penal Code, 1860. This was created as a statute in the year 1860 and it came into force on 1st January 1862. The criminal liability is subject is subject to … Read more
This Article is written by Saksham Suneja student of Modi Law College, Kota. On 25th Feb 2021, the Government of India by using its power vested under Section 87 of Information Technology Act, 2000(IT Act) notified the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 through an official Gazette, replacing the IT Rules … Read more
This article on “THE LEGITIMACY OF CALLING BANDHS OR STRIKES” is written by Saksham Suneja student of Modi Law College, Kota. WHAT IS BANDH? The word bandh is borrowed from the Hindi language which means to close or shut down, it’s a type of protest commonly used by the people of the country to protest. … Read more
This article is written by Dev Agarwal, 3rd year student of Heritage Law College, Calcutta University INTRODUCTION The term “shell company” has never been defined in any Company legislation of India, be it the Companies Act 2013 or even Companies Act 1956, the same was observed in Assam Co. India Ltd. v. Union of India … Read more
This Article is written by Oishee Chaudhuri student of Heritage Law College. INTRODUCTION It’s said, “If you have a child, the child always comes first.” The battle of custody often results to a loss on both sides. There are no winning teams. The burden of such warfare is mostly borne by the innocent child in … Read more
This Article is written by Hia Sharma student of Himachal Pradesh National Law University Shimla. “The said Act is gender-neutral and regards the best interests and welfare of the child as a matter of paramount importance at every stage so as to ensure the healthy physical, emotional, intellectual and social development of the child,”. The … Read more
The article is written by Dev Agarwal, a student of Heritage Law College, Calcutta University. Section 147 of The Income Tax Act, 1961 deals with “income escaping assessment”. The definition of “assessment” provided in Section 2(8) of the Income Tax Act, 1961 also means “reassessment”. Section 147 empowers the AO(AO) to assess or reassess previously … Read more
This Article is written by Vanshika Jain, student of University Law College, Bangalore University. INTRODUCTION The One Hundred and First Amendment of the Constitution of India, officially known as ‘The Constitution (One Hundred and First Amendment) Act, 2016’, introduced a national Goods and Service Tax in India from 1stApril 2017. The GST is a Value … Read more
This article is written by Dev Agarwal, a 3rd-year law student of Heritage Law College, Calcutta University INTRODUCTION Public Interest Litigation (PIL) is a product of the Legal Aid Movement, a movement that began in the nineteenth century, arguably in the United States of America. This movement emphasized making legal aid available to the … Read more
This Article is written by Sushma R Patil, student of KLE Society’s Law College, Bengaluru. INTRODUCTION Family is considered to be one of the oldest institutions of human civilization. The family was the first successful peace group, or so it is noted, of a man and a woman, learning how to adjust while at the … Read more
This Article is written by Vanshika Jain, student of University Law College, Bangalore University. INTRODUCTION On 20 March 2020, early morning, when the whole nation was waking up, Nirbhaya’s mother peacefully went to sleep. After all, justice had been served after a long wait of seven years. The latest executions of the four convicts in … Read more
The Article is written by Dev Agarwal, a 3rd year student of Heritage Law College, Calcutta University INTRODUCTION Company is a legal entity and the only way it can come into existence or shut down is by the operation of law. Winding up of a company is the legal mechanism of shutting down of a … Read more
This Article written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. INTRODUCTION Tribal Laws in India have been neglected for too long. There are around 500 tribes and more than a million tribal people in India. Tribes like Gonds, Bhils, Santhals, etc. have a different culture of their own. They are quite … Read more
The article is written by Dev Agarwal, a 3rd year law student of Heritage Law College, Kolkata. HISTORY OF THE LEGISLATION Company Law in India, like most of the legislation has its root in the English Law. In England, Joint Stock Company was passed in 1844 and subsequently in India, the Companies Act of 1850 … Read more
This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION When further broken down, marriage is essential for the formation of families and thus a prerequisite for the functioning of the society. It can also be said that marriage is a corner stone of a society, it breeds children to become … Read more
This Article is written by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION The term ‘inherent’ has a broad connotation in itself. It denotes something that is inextricable from something, a perpetual element or attribute, an indispensable component, an ingrained or a prerequisite condition entrusted or conferred to a person or office as … Read more
This Article is written by Mridushi Damani, a student of Hidayatullah National Law University. The Constitution of India is known as the “basic law of the land” from which all other laws derive their sanctity or validity. Therefore, it must be a living and growing law, meaning it must be able to cope and adapt with … Read more
This Article is written by Nashita Nazneen. A, student of B. S. Abdur Rahman Crescent Institute of Science and Technology Crescent School of Law. HATE SPEECH AND CONSTITUTIONAL LAW Article 19(1) of the Constitution of India guarantees the right to freedom of speech and expression to all Indian citizens. The right to propagate one’s ideas … Read more
This Article written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. INTRODUCTION Medical Negligence refers to a careless or rash act by a medical practitioner in lieu of the treatment of a patient wherein there is harm or injury caused to the patient. There is no law or act which gives an … Read more
This Article is written by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION Divorce in simple terms means the legal cessation or dissolution of the marital unification between partners. In India, divorce law and procedures substantially differ subject to the varied communities that the couple belongs to. Marriage is a contractual relationship between … Read more
This Article is written by MridushiDamani, student of Hidayatullah National Law University INTRODUCTION According to Article 14 of the Indian Constitution, it is mandatory for the state to not deny equal protection of law and equality before the law to any citizen within the territory of India. In other words, a law is required to … Read more
This Article is written by Nashita Nazneen. A student of B. S. Abdur Rahman Crescent Institute of Science and Technology Crescent School of Law. INTRODUCTION The recent ban of Chinese apps by the Government of India on the grounds of prejudicial to the sovereignty and integrity of India, security and defense of India and public … Read more
The Trade Union Act was passed in 1926 but came into enforce from 1st June 1927. This Trade Act provides for the Registration of Trade Unions
This article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION In today’s world, a man cares most about his reputation. From this observation stems the inclusion of the right to live with dignity which is guaranteed as a Fundamental Right under Part III of the Indian Constitution. However, it is essential … Read more
This Article “DIRECTIVE PRINCIPLES OF STATE POLICY: A DETAILED ANALYSIS” is written by Mridushi Damani, a student of Hidayatullah National Law University. The Directive Principles of State Policy, which are also referred to as DPSP, are enumerated in Part IV of the Constitution of India from Articles 36 to Article 51. The framers of the … Read more
This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. Introduced as an integral part of the Rio Declaration the Polluter pays principle can be understood as the soundest environmental policy directly working towards the restoration of the environment to its beautiful natural state. In the modern era, with development being the … Read more
This Article is written by Ananya Verma, student of Ramaiah College of Law. Introduction The criminal law punishes not only completed crimes but also short of completion or incomplete crimes. The category of incompleted crimes is called “inchoate crime” or “inchoate offence”. The inchoate offence addressed in the Indian Penal Code, 1860 are common law … Read more
Study Notes on the topic “Taxation Law in India” by Lex Repository. Introduction to Taxation Law in India Revenue through tax is utilized in multiple ways by Governments such as education, infrastructure, health, etc. Tax is the basic source of revenue for the Government and it is broadly divided into two parts i.e., direct taxes … Read more
This Article is written by Mridushi Damani, a student of Hidayatullah National Law University. This article discusses the National Emergency provisions in India. Introduction The Cambridge Dictionary defines the term ‘emergency’ as “something dangerous or serious, such as an accident, that happens suddenly or unexpectedly and needs fast action in order to avoid harmful results”. … Read more
This Article on “Hong Kong- Mainland China Conflict: Hanker to Dilute Boundaries” is written by Rahul Negi, a student of Law College Dehradun (Uttaranchal University). INTRODUCTION Hong Kong is a special administrative region of the People’s Republic of China and a Metropolitan area situated on Pearl River Delta in the South China Sea. Hong Kong … Read more
This Article on Israel and Palestine conflict is written by Rahul Negi student of Law College Dehradun, (Uttaranchal University). The Israel and Palestine conflict is no new but an age old conflict which dates back to ancient times to control the piece of land just east of Mediterranean Sea but the modern conflict arises after … Read more
This Article on “Palestine and Israel conflict: Antipathy to control the same land” is written by Rahul Negi, a student of Law College Dehradun, (Uttaranchal University). INTRODUCTION The Israel-Palestine conflict is age old dispute to control the land which is located just east of Mediterranean Sea and believed to be sacred to Jewish, Christians and … Read more
This Article on “BERUBARI CASE: WHY WAS THE PREAMBLE RELEVANT IN IT” is written by Nashita Nazneen. A student of B. S. Abdur Rahman Crescent Institution of Science and Technology Crescent School of Law. INTRODUCTION Source of Constitution: “We the people of India…..” which means that the Constitution is created by Indians themselves with no … Read more
This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION The term culpable homicide and murder are the two most confusing terms in the Indian Penal Code, 1860. There is a faint line difference between both of them. Where section 299 of IPC defines Culpable homicide and section 300 deals with … Read more
This Article on “DISHONOURING OF CHEQUES” is written by Lenna Joshy, student of Government Law College, Thrissur. Introduction A cheque bounce is a common financial offence which leads a user into legal trouble and damages his or her credit rating. In the modern era, online banking is the most opted mode of transaction. But some … Read more
This Article on ” An explanation of Article 226 and 227 of the Indian Constitution” is written by Mridushi Damani student of Hidayatullah National Law University Article 226 of the Indian Constitution Article 226 of the Indian Constitution establishes the writ jurisdiction of all the High Courts in India to issue orders, directions, writs to … Read more
This Article is written by Archana Upadhyay from Galgotias University. “A Trade Mark is a company’s persona and identity in the marketplace” -Dr. Kalyan C. Kankanala A consumer purchases the products from market only when he knows about the brand value, reputation, and quality of the company. In this context, what plays an imperative role … Read more
This Article is written by Savio P.Xavier pursuing BA.LL.B from Narsee Monjee Institute of Management Studies. The article talks about the new Rashtriya Raksha university Bill, 2020 that has brought in a new policing era which makes the police localized but uniform in function and practice. Introduction The Union Minister for Home Affairs Sh. Amit … Read more
This Article on Bail In India and it’s type is written by Aparna Chaki student of Heritage Law College (Calcutta University). the article discusses bail and its various types under the Indian Judicial System. INTRODUCTION Bail, in law, is a term that signifies temporary or transitional emancipation of a person who is accused in … Read more
This Article on Prominence of Liquidation over arbitral award with reference to Surana Power Ltd v BHEL is written by Pushti Dublish, pursuing B.A. LL.B. from Galgotias University. INTRODUCTION In a recent case of Surana Power Ltd v BHEL, [1] the National Company Law Appellate Tribunal (hereinafter referred to as NCLAT) while setting aside the … Read more
This Article is written by Mridushi Damani student of Hidayatullah National Law University. The Article talks about vicarious liability and strict liability under the law of torts in India and their respective main components and differences INTRODUCTION The concept of Vicarious Liability and Strict Liability can be found in the Law of Torts which discusses … Read more
This Article is written by Rahul Negi, pursuing B.B.A. LL.B. (Hons.) from Law College Dehradun (Uttaranchal University). The article discusses the meaning of a Criminal conspiracy, its essential elements and scope. INTRODUCTION The Criminal conspiracy means an agreement between two or more persons to perform any illegal act or legal act with illegal means or … Read more
This Article on “MINERVA MILLS Vs UNION OF INDIA” is written by Janhavi Sakalkar pursuing BA. LL.B.(Hons.) from Symbiosis Law School, Pune. Introduction Minerva Mills was a textile industry based in the State of Karnataka, it was engaged in the mass production of silk clothes. The Central Government appointed a committee under Section 15 of … Read more
This Article is written by Archana Upadhyay pursuing B.A. LL.B. from Galgotias University. The article discusses the origin of Plea Bargaining as a construct, its facets, and its benefits for the prosecution and the Accused. Introduction to Plea Bargaining Justice should be delivered at the doorstep, not only to the Prosecution but also to the … Read more
This Article on “Sedition law: A controversial Law” is written by Rahul Negi pursuing BB.A. LL.B. (Hons.) from Law College, Dehradun (Uttaranchal University). INTRODUCTION The Law Commission in its Consultation Paper on Sedition has quoted that “India-largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.” … Read more
This Article is written by Pushti Dublish, pursuing B.A. LL.B. (Hons.) from Galgotias University. INTRODUCTION Have you heard this well-known quote “Don’t judge a book by its cover”? In this corporate legal world, whenever a company is incorporated it is considered as a separate legal entity that it is different from the persons who manage … Read more
This Article is written by Bushra Malik, student of B.A. LL.B. (Hons.) from Galgotias University. DOCTRINE OF PRECEDENT Meaning & Definition – A precedent is a rule which is binding to all subordinate Courts and used when deciding the subsequent with the same facts and circumstances. When a Court has taken previous decision as a … Read more
INTRODUCTION The presence of the Accused at the trial is one of the essential features of a fair trial. This ensures that the Accused is given a fair chance to defend himself, available in person. Further, in case he is found guilty he must be available in person to receive the sentence passed on him. … Read more
This Article is written by Rahul Negi pursuing B.B.A-L.L.B(Hons) from Law College Dehradun (Uttaranchal University) Alternative Dispute Resolution (ADR) is the practice of solving disputes without litigation and outside the court, thus External Dispute Resolution (EDR) is synonym to the concept of Alternative Dispute Resolution. The practice of ADR is not only confined to one … Read more
INTRODUCTION Gender inequality is concerned the two different sex in this world who are unequally treated which affects the individuals life style and the differences caused are not from biology but also from psychology and cultural norms that ultimately empowers one group from the other. The point is that the gender inequality exist only in … Read more