VAGUE LEGISLATION: EPIDEMIC DISEASE ACT, 1897

EPIDEMIC ACT 1897

INTRODUCTION The spread of Coronavirus in India has brought the situation of health disaster and has compelled us to recapitulate the existence of the Epidemic Diseases Act which was enacted centuries ago in 1897. There reason behind the enactment of this Act was the spread of bubonic plague in the State of Bombay (now Mumbai). … Read more

MENS REA: OBJECTIVE AND SUBJECTIVE

mens rea (guilty mind) but now you may consider that how courts or anyone establish mens rea in any case, there are some points

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

SHAHEEN BAG JUDGMENT ANALYSIS

In the case of Amit Sahni v. Commissioner of Police and Ors (commonly known as the ‘Shaheen Bagh case’) the Supreme Court of India

This Article is written by Ashima Gupta student of VIPS, Delhi. In the case of Amit Sahni v. Commissioner of Police and Ors (commonly known as the ‘Shaheen Bagh case’) the Supreme Court of India delivered an important judgment touching upon the right to protest and the extent of the right. The case was filed as a … Read more

CORPORATE SOCIAL RESPONSIBILITY

Corporate Social Responsibility means a company’s sense of responsibility towards the society and the social and ecological environment

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

ADR – A WAY OF UNDELAYED JUSTICE

ADR is termed as an access to justice whose primary objective is to avoid expenses and delays in providing justice

This Article is written by Hitakshi Maggo student of Fairfield Institute of Management and Technology, New Delhi.   INTRODUCTION Alternative Dispute Resolution (hereafter referred to as ADR) is also known as appropriate dispute resolution. There is no such prescribed definition; it is a term which is used to identify different techniques and approaches aimed at … Read more

DOCTRINE OF UNJUST ENRICHMENT & RESTITUTION

When a person has been unduly benefited at the outlay of the other person, it is called unjust enrichment.

This Article is written by Madhvi  student of UILS, Panjab University. CHANDIGARH. INTRODUCTION When a person has been unduly benefited at the outlay of the other person, it is called unjust enrichment. The doctrine has been derived from the English law upon the principle of assumption or ‘had and received’. The foundation for this can be … Read more

RTE V. SCHOOL’S RIGHT TO COLLECT FEES

The decision of the government to collect the school fees was just impulsive. school fees for private unaided schools is a valid order

This Article is written by Madhvi  student of UILS, Panjab University. CHANDIGARH. INTRODUCTION With the beginning of Covid-19 pandemic in the country, the Central Government, Ministry of Home Affairs in exercise of powers secured down prohibitory orders, popularly known as the lockdown orders in the whole country. The orders included the schools to be closed. The … Read more

TYPES OF WRITS WITH SIGNIFICANT JUDGMENTS

Writ is a written document and its petition is an order by a higher judiciary to a lower Court for instructing them about doing something

This Article is written by Hitakshi Maggo, student of Fairfield institute of Management and Technology, New Delhi. Writ is a written document and its petition is an order by a higher judiciary to a lower Court for instructing them about doing something or stopping them from doing anything wrong. Basically this written document is a … Read more

RECUSAL OF JUDGES FROM A CASE

reason for the recusal of judge does not have to disclose in an order of the court Restatement of Value in 78 talks about the recusal of judge

  INTRODUCTION Recusal is the “removal of oneself as a policymaker or judge in a matter, especially because of some conflict of interest. “The duty to act impartially and fairly is ingrained in Article14 and Article 21 of the constitution of India. The 1999 charter ‘Restatement of Values in 78 talks about the recusal of … Read more

IT RULES : THREAT TO SOCIAL MEDIA

The new IT rules affects free speech as it fixes the Government as the ultimate adjudicator of objectionable speech online.

This Article is written by Ashima Gupta student of VIPS, Delhi. INTRODUCTION The Government of India framed the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 to transform the digital information ecology in India. The new Information Technology Rules have been passed under the Section 69A(2), Section 79(2)(c) and Section 87 of the … Read more

PROBATION – SERVICE LAWS

Probation means ‘testing of a person's capacity, conduct or character especially before he is admitted to regular employment’.

Probation means ‘testing of a person’s capacity, conduct or character especially before he is admitted to regular employment.’ Read more at: https://bit.ly/2V4DfRM

AN ANALYSIS ON PATENT LAW

Justice Ayyanagar submitted a comprehensive report on Patents Law Revision in September 1959 which became a basis for the Patents Bill, 1965

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

PERSONAL LAWS VIS-À-VIS ARTICLE 13

Article 13 says custom is a law therefore the customs which are violative or against the Constitution are void ab initio.

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

ONLINE ARTICLE WRITING COMPETITION: INDEPENDENCE DAY

Lex Repository is proud to announce Article Writing Competition, in the interest of proud Writers on the occasion of Independence Day 2021.

ABOUT ORGANISATION Lex Repository is committed to provide Articles based upon legal subjects and it covers all the issues associated with them. It focuses to provide content on the subjects that are not commonly discussed. The ultimate aim is to add insights to our readers and adding novel concepts to their knowledge. ___________________________________________________________________________   Lex … Read more

EXPLAINED: MODEL TENANCY ACT, 2021

Union Cabinet on June 2, 2021 approved The Model Tenancy Act, 2021 replacing the Rent Control Act, 1948, which continues to govern tenancy

This Article is written by Madhvi  student of UILS, Panjab University. CHANDIGARH. INTRODUCTION Through the Pradhan Mantri Awas Yojana – Urban (PMAY-U), the government plans to provide Housing for all by 2022. According to the survey of 2011, almost 25 millions of the country’s residences are unoccupied. The data shows up to 95 percent of vacant … Read more

JUHI CHAWLA – 5G CASE CONTROVERSIES

On 31stMay, 2021 Actress Juhi Chawla filed a suit in Delhi High Court against implementation of 5G wireless networks

This Article is written by Hitakshi Maggo from Fairfield Institute of Management and Technology WHAT HAPPENED IN THE 5G CASE? On 31st May, 2021 Actress Juhi Chawla filed a suit in Delhi High Court against implementation of 5G wireless networks. She is also an activist environmentalists and concern about impact of these radiations on citizens as … Read more

AMENDMENTS IN THE RAPE LAWS

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

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

JOSE PAULO COUTINHO CASE

JOSE PAULO COUTINHO V. MARIA LUIZA VALETINA PEREIRA In this case the question arose that – “Whether succession to the property of a Goan

This Article is written by Anurag Choudhary student of Delhi University. ABOUT THE CASE In this case the question arose that – “Whether succession to the property of a Goan situated outside the region of Goa in India will be Governed by the Portuguese Civil Code of 1867, as applicable in the State of Goa … Read more

RELEVANCY OF CHARACTER U/S 52-55 IEA

RELEVANCY OF CHARACTER AS EVIDENCE U/S 52-55

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

DOCTRINES UNDER COMPANY LAW

The enactment of doctrine is to provide protection to the company, its management as well as outsiders engaged in the company

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

IBC VIS-À-VIS ARBITRATION: FRESH PERSPECTIVE

an application is filed under S 7 of IBC, 2016 the NCLT should judicially determine IF there is default within the meaning of Section 3(12)

This Article is written by Abhinandan Sharma student of  Symbiosis Law School, Noida. INTRODUCTION Recently Supreme Court in Indus Biotech Private Ltd. v. Kotak India Venture Fund adjudicated on a matter related to the scope of an application filed under Section 7 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as IBC, 2016). … Read more

Online Legal Quiz Competition 2021

Online Legal Quiz Competition 2021

ABOUT ORGANISATION Lex Repository is committed to providing Articles based upon legal subjects and it covers all the issues associated with them. It focuses to provide content on subjects that are not commonly discussed. The ultimate aim is to add insights to our readers and adding novel concepts to their knowledge. ___________________________________________________________________________ Lex Repository is … Read more

WHAT IS CONTEMPT OF COURT ?

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

INTERNAL AID OF INTERPRETATION OF STATUTE

Internal aid means a medium to interpret the Statute internally These are the important aspects of the Statute which aid to interpretation

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

THE GOVT OF NCT OF DELHI (AMENDMENT) ACT

The Government of India enacted the Government of NCT of Delhi (Amendment) Act, 2021 to bring some changes to the already enacted act.

This Article is written by Ashima Gupta student of VIPS, Delhi. INTRODUCTION The Government of India enacted the GOVT OF NCT OF DELHI, 2021. The Govt. of NCT OF Delhi Act was first introduced in the Lok Sabha on 5th March 2021. It was passed by the Lok Sabha on 22nd March 2021 and by … Read more

WHISTLEBLOWER PROTECTION LAWS & ITS NEED

Whistleblowing refers to an act where a person or an employee discloses or demonstrates a piece of information or exposes an illegal activity

This Article is written by Adv. Ishank Goswami. Where do the evils like corruption arise from? It comes from the never-ending greed. The fight for a corruption-free ethical society will have to be fought against this greed and replace it with ‘what can I give’ spirit.                                                                              – A. P. J. Abdul Kalam Whistleblowing … Read more

NALSA V.UNION OF INDIA & ORS

NALSA filed this case to seek legal recognition for people who fall outside the male/female gender binary and who identify as “third gender

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

LAW RELATED TO AFFIDAVITS IN INDIA

Law on affidavit in India, it is governed by “Section 139, Order XIX of the Code of Civil Procedure” and “Order XI of the Supreme Court Rules

This Article is written by Anurag Choudhary student of Delhi University. INTRODUCTION An affidavit is a self-made willing declaration made by an affiant or deponent (one making the affidavit) under an oath or affirmation administered by a person duly authorized by law. It traces its root from a Latin word which connotes “pledge one’s faith”. … Read more

COLLEGIUM SYSTEM IN INDIAN JUDICIARY

The Collegium system is an arrangement whereby a forum decides appointments, promotions, and transfers of the High Court and SC judges

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

SIGNIFICANCE OF FILM CERTIFICATION TRIBUNAL

Film Certification Appellate Tribunal was a statutory body that had been set up to hear the cases of appeal by the film-makers.

This Article is written by Hia Sharma student of Himachal Pradesh National Law University Shimla.   National Award-winning film-maker Vishal Bhardwaj tweets, “Such a sad day for cinema” – This tweet comes after the Film Certification Appellate Tribunal has been abolished. INTRODUCTION Film Certification Appellate Tribunal popularly known as the FCAT was a statutory body that had … Read more

NOTES: BAILMENT OF PLEDGE

Section 172 of the act defines ‘Pledge’, ‘pawnor’ & ‘pawnee’. Pledge is defined as bailment of goods as a security for the payment of a debt.

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

JUDICIAL ACTIVISM AND ITS OVERREACH IN INDIA

Judicial activism is certainly a boon for the society in so far as it protects the rights of the citizens and promotes well-being

This Article is written by Anurag Choudhary student of Delhi University. INTRODUCTION The doctrine of judicial activism was introduced in the USA in 1947 by Arthur Schlesinger Jr. However, the foundation of the same was laid in India in the 1970s by the Justice V.R Krishna Reddy, Justice P.N Bhagwati among many others. It is … Read more

NIRJHARI MUKUL SINHA V UNION OF INDIA

NIRJHARI MUKUL SINHA V UNION OF INDIA- Female menstrual cycle have been criticized by our public leading to the stigmatization

This Article is written by Yoshita Dahiya, student of Army Institute of Law, Mohali. INTRODUCTION In the month of February 2020, the hostel rector coerced close to 66 girls from SSGI College, Bhuj into stripping in order in the case of Nirjhari Mukul Sinha vs. UOI to concur whether the girls were menstruating. They spared two … Read more

MISTAKE AS A DEFENCE UNDER IPC

S. 76 & s. 79 of IPC deals with mistake as a defence to the criminal liability S. 52 of the Indian Penal Code defines the term ‘good faith’

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

BRIEF: JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT

The formulation & promulgation of the Juvenile Justice Act is consequent upon India’s ratification of United Nations Convention.

This Article is written by Anurag Choudhary student of Delhi University. INTRODUCTION: The formulation and promulgation of the Juvenile Justice Act (JJA) is consequent upon India’s ratification of United Nations Convention on the Rights of Children in December 1992. It enjoins certain procedural safeguards for children in “conflict with law”. It addresses issues pertaining to … Read more

PLACES OF WORSHIP ACT, 1991

The Places of Worship (Special Provisions) Act of 1991 found its base during the Babri Masjid- Ram Janmabhoomi dispute

This Article is written by Hia Sharma student of Himachal Pradesh National Law University Shimla. Introduction The Places of Worship (Special Provisions) Act of 1991 found its base during the Babri Masjid- Ram Janmabhoomi dispute. The dispute was at its peak during the early 1990s period. Further there were two other mosques also which were … Read more

Espionage and The Curious Case of Kulbhushan Jadhav

On April 10th, 2017, Kulbhushan Jadhav received the death sentence before the military court of Pakistan.

This Article is written by Yoshita Dahiya, student of Army Institute of Law, Mohali. Introduction International law seeks to incorporate equity, transparency and good faith in it’s pursuit of justice. The act of espionage or of spying and gathering information through covert means greatly relies on deceit and treachery. The two seem rather incompatible with … Read more

RIGHT TO PRIVACY & ASSAILMENT OF SOCIAL MEDIA

Right to privacy is an essential need of every individual’s life. SC guidelines but an individual should also take proper safety measures.

This Article is written by Saksham Suneja student of Modi Law College, Kota. “WITHOUT PRIVACY THERE WAS NO POINT IN BEING AN INDIVIDUAL” – JONATHAN FRANZEN INTRODUCTION Privacy is the foremost demand; every man seeks to live happily in this modern era. The Internet has engrossed the whole world and with the advancement of Information and Communication … Read more

HIGHLIGHTS OF NEW IT RULES, 2021

S. 87 of IT Act notified new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 replacing the IT Rules

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

SAURAV YADAV v. STATE OF UTTAR PRADESH

The SC declared in Saurav Yadav judgement that any female candidate who had scored more than 274.8298 marks will be considered as a constable.

This Article is written by Saksham Suneja student of Modi Law College, Kota. CASE– SAURAV YADAV v. STATE OF UTTAR PRADESH CITATION-M.A. No. 26141 of 2019 of SLP (Civil) No. 23223 of 2018 CORAM– Justice UdayUmeshLalit, Justice S. RavindraBhat and, Justice Hrishikesh Roy COURT– SUPREME COURT JUDGMENT- 18 DEC, 2020   FACTS:- In Uttar Pradesh (UP) more … Read more

THE LEGITIMACY OF CALLING BANDHS OR STRIKES

THE LEGITIMACY OF CALLING BANDHS OR STRIKES

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

THE MEANING OF SHELL COMPANIES IN INDIA

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,

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

ONLINE ARTICLE WRITING COMPETITION ON THE OCCASION OF EARTH DAY 2021

Lex Repository is proud to announce Article Writing Competition, in the interest of proud Writers on the occasion of Earth Day 2021.

ABOUT ORGANISATION Lex Repository is committed to provide Articles based upon legal subjects and it covers all the issues associated with them. It focuses to provide content on the subjects that are not commonly discussed. The ultimate aim is to add insights to our readers and adding novel concepts to their knowledge. Lex Repository is … Read more

THE SC DECISION ON SECTION 32A OF IBC

Section 32A was introduced into the Code by way of an Insolvency and Bankruptcy (Amendment) Act, 2020

This Article is written by Oishee Chaudhuri student of Heritage Law College. INTRODUCTION: It is of paramount importance to delve into the essential notions revolving around the Insolvency and Bankruptcy Code, 2016 to comprehend and grasp the judicial decisions and expert opinions of the Honorable Supreme Court of India of the new legal regime. The … Read more

SECTION 230 OF CDA,1996 : A SWORD & SHIELD?

Section 230 of CDA (Communication Decency Act) was enacted in 1996 which aimed at curbing online obscene contents.

This Article is written by Vanshika Jain, student of University Law College, Bangalore University. INTRODUCTION Freedom of Speech is an important right guaranteed in almost all the democracies in the world. These three words ‘Freedom of Speech’ get thrown around and written about so often that what the expression means is more about misinformation than … Read more

AFTERMATH: REVOCATION OF ARTICLE 370

The special status of Jammu & Kashmir that was granted under Article 370 was hence stripped after seven decades.

This Article is written by Oishee Chaudhuri, student of Heritage Law College. INTRODUCTION: “Crown of India”, Kashmir is a destination that hails all across the globe.  A beautiful and alluring valley situated in the midst of lush foliage and serene and pristine beauty. They have a unique culture, topography and renowned cuisine. The status of … Read more

FAIR DISCLOSURE: PRINCIPLE LEFT BEHIND?

Though Section 207 somewhere brings the concept of ‘fair disclosure’ to life, it still falls short of it in its true spirit.

This Article is written by Vanshika Jain, student of University Law College, Bangalore University.   Introduction The Indian Constitution envisages the right to a fair trial, the right to defend, the right to be heard,  and the presumption of innocence as facets of Article 21. In order to achieve these objectives, there are various procedural … Read more

CHILD CUSTODY LAWS IN INDIA

CHILD CUSTODY LAWS IN INDIA

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

THE RISE OF POCSO ACT

The POCSO Act, 2012 is a gender-neutral Act that defines sexual offences against children and their respective punishments.

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 UNION BUDGET 2021-22: AN ANALYSIS

Finance Bill 2021 or the Union Budget 2021-22 was presented in the Parliament on 1st February 2021, UNION BUDGET 2021-22

This article is written by Dev Agarwal, a 3rd year student of Heritage Law College (Calcutta University). INTRODUCTION The Finance Bill 2021 or the Union Budget 2021-22 was presented in the Parliament on 1st February 2021. This Budget comes during the time when the economy has cramped down due to COVID-19 pandemic and this Budget … Read more

PROMULGATION OF ORDINANCES

Article 123 of The Indian Constitution, 1950 provides for the provision by which the President of the country can promulgate ordinance.

This Article is written by Hia Sharma, student of Himachal Pradesh National Law University Shimla.  Promulgation of Ordinances The term ordinance means an order of the authority. It is a law or decree promulgated by the centre or the state government. The ordinance making power of the executive is meant for those situations and the … Read more

POCSO JUDGMENT 2021: IS THIS JUSTICE?

POCSO Act is a law to protect children from offenses of sexual assault, harassment, and pornography It incorporates child-friendly mechanisms

This Article is written by Nashita Nazneen. A, student of  B. S. Abdur Rahman Crescent Institute of Science and Technology INTRODUCTION The Protection of Children from Sexual Offences Act, 2012 hereinafter referred to as the ‘POCSO Act’ is a law to protect children from offenses of sexual assault, harassment, and pornography. It incorporates child-friendly mechanisms … Read more

LEGISLATIONS ON CANNABIS IN INDIA

In India, Cannabis is devoured as bhang blended in thandai frequently burned-through during Holi and Mahashivaratri.

This Article is written by Nashita Nazneen. A, student of B. S. Abdur Rahman Crescent Institute of Science and Technology. INTRODUCTION Cannabisis also known as marijuana. It is agenus of the family “Cannabaceae”. Under this includes three species as Cannabis sativa, Cannabisindica, and Cannabisruderalis. The main psychoactive component is Tetrahydrocannabinol (THC). The legality of Cannabis … Read more

ASSESSMENT & REASSESSMENT UNDER SECTION 147

Section 147 empowers the AO to assess or reassess previously filed income tax returns. Section 147 deals with “income escaping assessment”

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

BRIEF: UNITED STATES vs GOOGLE

United States House of Representatives submitted the report of bipartisan investigation that studies the working of Amazon, Apple, Google.

This brief on”UNITED STATES vs GOOGLE”  is written by Nashita Nazneen. A student of B. S. Abdur Rahman Crescent Institute of Science and Technology INTRODUCTION On the 27th of October 2020, the Department of Justice along with 11 states consisting of 38 General Attorneys had filed a suit United States vs Google against Google for … Read more

GST- ONE NATION ONE TAX

The GST is a Value Added Tax (VAT) and is proposed to be a comprehensive indirect tax levied on manufacture,

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

AN ANALYSIS ON PUBLIC INTEREST LITIGATION

Public Interest Litigation (PIL) is a product of the Legal Aid Movement, a movement that began in the nineteenth century, arguably in the USA.

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

RECONSIDERING THE DOCTRINE OF BASIC STRUCTURE

SC ‘formally’ introduced the doctrine of basic structure, while delivering a landmark judgement in Kesavananda Bharti v State of Kerala

This Article is written by Malaya Joshi, student of The West Bengal National University of Juridical Sciences INTRODUCTION The date 26th April, 1973, is of great significance for the citizens, as well as for the constitutional history of our country, as on this day the Supreme Court of India ‘formally’ introduced the doctrine of basic … Read more

GROUNDS FOR DIVORCE UNDER HINDU LAW

Divorce as a concept was unknown to general Hindu law, as marriage was regarded as an indissoluble union of the husband and wife.

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

FARM BILL, 2020: THE CONTENTIOUS LEGISLATION

India have been seen undertaking strong protests against the three farm bills introduced by the Government of India

This Article is written by Vivek Verma student of SJMSOM, IIT Bombay.  Farmers from the states of Punjab, Haryana, and other parts of India have been seen undertaking strong protests against the three farm bills introduced by the Government of India. The President of India gave his assent on September 27 to the three ordinances … Read more

UNILATERAL CONTRACTS & THEIR LEGAL IMPLICATION

There are two types of contracts, one being bilateral (between two or more parties) and the other being unilateral (one sided contracts).

This Article is written by Oishee Chaudhuri, student of Heritage Law College. Introduction: “Why would anyone write about unilateral contracts today? American scholar, Karl Llewellyn argued convincingly more than forty years ago “that unilateral contracts are rare, unimportant and should be relegated to the freak tent” The essence of the argument since has modified according … Read more

IS DEATH PENALTY THE ANSWER?

Capital punishment, commonly known as the death penalty is the maximum punishment awarded to a criminal in the most heinous offenses.

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

PROCEDURE OF WINDING UP: COMPANIES ACT

Companies Act, 2013 provides the process of winding up in two ways, Voluntary Winding up and Winding up by the Tribunal.

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

TRIBAL LAWS IN INDIA

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

EVOLUTION OF COMPANIES ACT IN INDIA

Company Law in India, like most of the legislation has its root in the English Law and enacted in the Companies Act of 1850 was also enacted.

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

HUMAN RIGHTS OF A PRISONER

HUMAN RIGHTS OF A PRISONER

This Article is written by Anchal Kushwah, student of ISBR Law College. INTRODUCTION In India, it has been calculated that nearly 4,78,600 prisoners are behind the bars till the year 2019. Now this number itself is a big number to realize the fact that these many people can’t be denied their basic human rights even … Read more

RIGHT TO MARRY

Right to Marry has even been acknowledged under the Human Rights Charter of the United Nations within the meaning of the right to start a family.  

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

ONLINE ARTICLE WRITING COMPETITION

Lex Repository is organizing 72ND REPUBLIC DAY ONLINE ARTICLE WRITING COMPETITION on the below mentioned themes.

Lex Repository is proud to announce its Online Article Writing Competition. The Indian Constitution is the world’s longest written constitution which provides an excellent framework for governing the world’s largest democracy. It nurtures the aspirations of its citizens and is a true living Constitution in as much as it gives the widest possible amplitude for … Read more

NOTES ON INHERENT POWERS OF THE COURT

Inherent powers of the Court may be described as such powers that are absolute and unassailable from the Courts.

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

HATE SPEECH LAWS IN INDIA

Due to widespread and massive impact of hate speech, laws are required to deter the speakers of such speech and the followers acting upon it.

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

UTTAR PRADESH’s LOVE JIHAD LAW – AN ANALYSIS

love jihad

This Article is written by Mohamed Sultan Maricar, student of Crescent school of Law , Chennai. INTRODUCTION The implementation of the latest ordinance Prohibition of Unlawful conversion of religion by the Uttar Pradesh Government has created lots of criticisms all over India. This ordinance had made religious conversion by marriage unlawful and also provided the procedure … Read more

MEDICAL NEGLIGENCE AND LAWS

MEDICAL NEGLIGENCE

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

OVERVIEW OF GAMBLING LAWS IN INDIA

GAMBLING LAWS

This article is written by Dev Agarwal, a student of Heritage Law College INTRODUCTION Gambling in India is governed by the Public Gambling Act, 1867 but all the State Governments  do possess power of making their own respective legislations regarding this matter. The word “Gambling” has been defined nowhere in the Act. The meaning of … Read more

S.R. BOMMAI VS. UNION OF INDIA

S.R. BOMMAI VS. UNION OF INDIA

This Article written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. CITATION: S.R. Bommai v. Union of India, (1993) 3 SCC 1 DATE OF JUDGEMENT: 11th March, 1994  JUDGES: Ratnavel Pandian, A.M. Ahmedi, Kuldip Singh, J.S. Verma, P.B. Sawant, K. Ramaswamy, S.C. Agarwal, Yogesh Dayal and B.P. Jeevan Reddy.  ARGUMENTS Petitioner S.R. … Read more

MANEKA GANDHI VS. UNION OF INDIA (1978)

This Article is written by Nashita Nazneen. A, a student of B. S. Abdur Rahman Crescent Institute of Science and Technology Crescent School of Law. INTRODUCTION Many Supreme Court judgments have changed the face of Indian polity. The Maneka Gandhi case was conveyed on 25th January 1978 and it adjusted the scene of the Indian … Read more

LIMITATIONS TO RIGHT TO TRAVEL ABROAD

Right to travel abroad nourishes independent character of the individual, extending his freedoms of action, and by extending the experience.

This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION The Supreme Court on April 9, 2019, in the matter of Satish Chandra Verma vs. Union of India, has reiterated that right to travel abroad is an important basic human right. A Bench comprising of Justice M.R. Shah was adjudging an … Read more

AN ANALYSIS: THE PUBLIC SAFETY ACT, 1978

Public Safety Act, 1978 is that rule which was undertaken in the year of 1978, with a very clear mindset of peace and harmony in the state, maintenance of the public order, and also to maintain the security in the state.

This Article is written by Anchal Kushwah, student of ISBR Law College.   INTRODUCTION Under Article 1 of the Indian Constitution, it is provided that India, that is Bharat, shall be a union of states but when it comes to the state of Jammu and Kashmir, it is somewhat different in terms of laws and ordinance, … Read more

TALAQ: CONCEPT, MODES AND GROUNDS

TALAQ: CONCEPT, MODES AND GROUNDS

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

ARTICLE 14: THE DOCTRINE OF NON-ARBITRARINESS

ARTICLE 14

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

INDIRA NEHRU GANDHI VS. RAJ NARAIN

indira-nehru-gandhi-vs-raj-narain

(The case is summarized by Dev Agarwal, a student of Heritage Law College, Calcutta University) Indira Nehru Gandhi vs. Raj Narain is the case that changed the political scenario of India as it resulted in the imposition of Emergency (1975-1977), perhaps the darkest period of independent India, where rights of the citizens were crushed, the political … Read more

ANALYSIS OF SECTION 69A OF IT ACT

SECTION 69A

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

MEDIATION AS A WAY OF RESOLVING CONSUMER DISPUTES

MEDIATION AS A WAY OF RESOLVING CONSUMER DISPUTES

This Article is written by Adv.  Anchal Chhallani, she is an Legal Associate at LawDocs. INTRODUCTION Considering the current scenario of a huge backlog of consumer cases, the Legislation has included mediation as a way to resolve consumer disputes. Mediation as a consumer dispute resolver has been introduced by the Consumer Protection Act, 2019. This … Read more

MISLEADING ADVERTISEMENTS: HORLICKS LTD. VS. ZYDUS

MISLEADING ADVERTISEMENT: HORLICKS LTD. VS. ZYDUS

This Article is written by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION Broadly defining, a misleading advertisement may be described as any promotion (publicity, propaganda, marketing, and selling) as well as advertisement through traditional media which includes radios and television or electronic media like newspaper, posters, banners, wall-writing, etc. to garble or … Read more

II NATIONAL ONLINE LAW QUIZ ON CONSTITUTIONAL LAW

national ConstitutionalLaw Quiz

NATIONAL ONLINE QUIZ COMPETITION ON CONSTITUTIONAL LAW   ABOUT ORGANISATION Lex Repository is committed to providing Articles based upon legal subjects that cover all the issues associated with them. It focuses to provide content on subjects that are not commonly discussed. The ultimate aim is of adding insights to our readers and adding novel concepts … Read more

FCRA, BILL, 2020: THE WAY TO GO?

THE FOREIGN CONTRIBUTION (REGULATION) AMENDMENT BILL, 2020: THE WAY TO GO?

This Article is written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. INTRODUCTION The Foreign Contribution (Regulation) Amendment Bill was introduced in the Lok Sabha on 20th September2020 and was passed on 21st September 2020. The FCRA, Bill faced tough opposition yet it was passed. The Bill seeks to amend The Foreign … Read more

LEGISLATION ON DEFAMATION IN INDIA

DEFAMATION IN INDIA

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

FALSE RAPE CASES IN INDIA

FALSE RAPE CASES IN INDIA

This Article is written by Anchal Kushwah, a student at ISBR Law College. INTRODUCTION The awakening of feminism across the country has enabled many women to stand for their rights, dignity, and gain equal respect in society. It has made women aware of their rights and status which they deserve by every means. Then there … Read more

IN CONVERSATION: MISS TANYA GUPTA, A TEACHER FOR DIFFERENTLY ABLED

IN CONVERSATION WITH MISS TANYA GUPTA, WHO IS A TEACHER TO THE DIFFERENTLY ABLED

Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence. – Helen Keller One such optimistic person who is on a mission to achieve something distinctive is Ms. Tanya Gupta. She is an educator who teaches differently abled children. She owns a YouTube channel known as “Brailling“, which helps guardians … Read more

DIRECTIVE PRINCIPLES OF STATE POLICY: A DETAILED ANALYSIS

DETAILED ANALYSIS OF DIRECTIVE PRINCIPLES OF STATE POLICY

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

FARM BILLS: REVOLUTIONARY REFORMS OR ANTI FARMERS?

FARM BILLS

This Article is written by Dev Agarwal, a 2nd year law student from Heritage Law College.   INTRODUCTION On 27th September 2020, the President of India, Ramnath Kovind gave assent to the two farm bills and an amendment to the Essential Commodities Act, 1955. The farm bills had already sparked a massive debate in the … Read more

THE POLLUTER PAYS PRINCIPLE

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

NARCOTICS, BOLLYWOOD, YOUTH AND THE NDPS ACT

NDPS ACT

This Article is written by Adv.HimanjaliGautam, an Advocate at the Supreme Court of India, Founding-Partner at Chambers of HimanjaliGautam, Ex-President- Law Centre 2, Faculty of Law DU, Columnist, Public Speaker and TV Personality. INTRODUCTION Drugs have become a scourge in India and are one of the prime causes of concerns. The sudden demise of actor … Read more

ADV. JAYANT BHATT: AN INTERVIEW

Adv. Jayant Bhatt

About Adv. Jayant Bhatt Adv. Jayant Bhatt is an advocate under the Supreme Court of India. He has completed his law from Amity Law School, Noida, and dual Masters in law from New York University and the National University of Singapore. Adv. Jayant Bhatt started his professional career in Dubai with the firm Clyde and … Read more

INCHOATE OFFENCES UNDER INDIA PENAL CODE

INCHOATE OFFENCES

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

FREEDOM OF SPEECH IN INDIA AND HATE SPEECH: SUDARSHAN NEWS CASE

Freedom of Speech in India

This Article “FREEDOM OF SPEECH IN INDIA AND HATE SPEECH: SUDARSHAN NEWS CASE” is written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. BACKGROUND A channel by the name of Sudarshan TV broadcasts a show called ‘Bindas Bol’ which is an investigative journal/news channel. They were to broadcast a show by the … Read more

LEGISLATION REGARDING JOURNALISM AND MEDIA TRIAL IN INDIA

Media Trial

This Article “LEGISLATION REGARDING JOURNALISM AND MEDIA TRIAL IN INDIA” is written by Dev Agarwal,  a 2nd Year student of Heritage Law College, Calcutta University. HISTORY The British often proudly claim that they introduced the newspapers and “independent journalism” in India. James Augustus Hickey, an Irishman is often regarded as the father of the Indian … Read more

MEDIA: THE EASIEST FORM OF INFLUENCER

Social Media Influencers

This article about social media influencers the easiest form of communication is written by Anchal Kushwah, a  student of ISBR LAW College.  INTRODUCTION Media has a very vital role and has influence in virtually every aspect of our lives. We all will be so stagnant and clueless if this technology and the digital world would … Read more

CHILD LABOR V. CHILD ACTOR

Child Labor VS Child Actor

This Article on “Child Labor vs Child Actor” is written  by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION Children are the assets of any country and should be given significant ministration for their survival and healthy burgeoning. Childhood for everybody needs to be preserved because their disposition and psyche are mounted in … Read more