INTRODUCTION Surrogacy is an imperative process for the couples, who are not able to have the vouchsafed wonderful capacity of being parents. The history of the surrogacy in India also discusses this concept in ancient Hindu mythology. Tracing back to Mahabharata, when Gandhari delivered a semi solid material on the place of delivering a child, Mahairishi…
The Supreme Court recently struck down the Army’s discriminatory selection criteria for grant of permanent commission to Women Short Service Commissioned Officers . This is with respect to selective evaluation of annual confidential reports and application of present medical standards retrospectively to selection, which is normally done at five or 10 years of service. This judgment was the…
INTRODUCTION The Hon’ble Apex Court of India in a historical judgement of Navtej Singh Johar v. Union of India decriminalised homosexuality in the India. Despite this progressive decision, certain questions peripheral l to the homosexual relationships remained unaddressed by both the Apex Court and the Government. One such query pertains to ‘same-sex marriages’. India still does not…
“The mentality and behaviour of drug addicts and alcoholics is wholly irrational until you understand that they are completely powerless over their addiction and unless they have structured help, they have no hope.” ― Russell Brand INRODUCTION Drug-use and drug-related criminal offending are among the greatest concerns of policy-makers, law-enforcement officials, scientists, physicians, and citizens…
INTRODUCTION Welfare state is a social system, in which a government is responsible for the economic and social welfare and justice of its citizens. It is also responsible for formulating the policies to provide free healthcare, money for people without jobs, etc. A welfare state is based on the principles of equality of opportunity, equitable…
INTRODUCTION India is a country where the rate of poverty as well as the rate of crime is increasing day by day. With the amount of population in our country everybody is not able to get employment or live-in standard of living. It is also true that crime not only happens against people who can…
INTRODUCTION The literal meaning of the word waqf is ‘detention’. In the legal terminology, it means detention of a property so that its produce or income may always be available for religious or charitable purposes. Waqf is the property given in the name of God for religious and charitable purposes. It is the permanent…
INTRODUCTION Part III of the Constitution of India provides for the Fundamental right. Freedom of Religion is part of the Indian Constitution. Whenever the conflict arises between the Article 25 and any other Fundamental Right, it the latter which always prevails. Freedom to Religion includes faith in religion as well as right to propagate and…
INTRODUCTION Eviction is the procedure by which the landlords can evict the tenants from their property. The process initiates with the landlord giving a notice to the tenant to settle the grievances or otherwise vacate his property. Incase of any dispute, court-proceedings on the eviction can start where both the parties put up their issues.…
INTRODUCTION The central law that deals with cannabis (weed or marijuana) in India is the Narcotic Drugs and Psychotropic Substances Act, 1985. However, states have their own laws relating to consumption, possession, sale or purchase of weed or marijuana. In India, possession of these drugs is considered a criminal act. For instance, Odisha is a…
The Kolkata District Consumer Disputes Redressal Forum recently ruled that restaurants cannot impose a service charge on a customer and, as a result, directed the concerned restaurant to return the service charge it collected from a customer along with a compensation amount. In April 2017, the government issued guidelines on fair trade practices regarding the…
INTRODUCTION The Constitution of India is the supreme law of India. It lays down the fundamental code, anima rights and duties of citizens. The directive principles of state policy, procedures, structures and powers of governmental institutions is also encapsulated in it. It is widely regarded to be a “living document”. It is the longest written…
KEY FACTORS OF MORAL POLICING https://en.wikipedia.org/wiki/Moral_police#:~:text=Moral%20police%20is%20an%20umbrella,code%20of%20morality%20in%20India.&text=The%20target%20of%20moral%20policing,or%20%22against%20Indian%20culture%22. In its broadest sense, moral policing could refer to a system that imposes strict vigilance and restrictions on those who violate our society’s basic standards. Our society’s fundamental values can be found in its cultures, long-standing customs, and religious doctrines. It is a situation in which those who support this…
INTRODUCTION “Her friends used to tell her it wasn’t rape if the man was your husband. She didn’t say anything, but inside she seethed; she wanted to take a knife to their faces.” – F. H. Batacan The Delhi High Court is in process of hearing a challenge to the constitutional validity of…
Introduction Immigration law deals with national statutes, regulations and legal precedents governing immigration into and deportation from a country. As per Merriam Webster dictionary, emigration refers to departure from a place of abode, natural home, or country for life or residence elsewhere. The primary intention of immigrants is to settle down in a foreign country…
WHAT TO DO WHEN YOU ARE STOPPED BY A TRAFFIC POLICE IS A COMMON PROBLEM THAT EVERYONE HAS EXPERIENCED AT LEAST ONCE IN THEIR LIVES. A police officer’s job is to ensure that law and order are maintained in a society. And they are armed with the means and, at times, coercive, but necessary, powers…
Every citizen should be aware about the law and their rights. The article focuses on the detailed information about the Fundamental Rights.
“The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process”. Justice V.R. Krishna Iyer in Gudikanti Narasimhulu case (1977) INTRODUCTION The right to liberty is the fundamental right and…
In the context of the phrase “innocent until proven guilty,” it’s clear that the prosecution in India bears the burden of proof in proving any allegation. An accused cannot be considered a criminal until and unless he or she is proven guilty. Every citizen in India is presented with certain rights that are absolutely fair…
INTRODUCTION The personal injury law is the branch of tort which deals with providing of compensation to the victims who have suffered any physical, psychological or emotional injury due to the negligence of some individual. The negligent individual is held legally for the damage caused to the victim and will be responsible for paying…
THE ARTICLE ANALYSIS THE DOCTRINE OF BASIC STRUCTURE OF CONSTITUTION WITH REFERENCE TO KESAVANANDA BHARTI CASE
Prostitution is derived from the Latin word prostituere, which means to expose publicly. It is the practice of engaging in relatively indiscriminate sexual activity with someone who is not a spouse or friend in exchange for immediate payment in money or other valuables. Prostitutes can be female, male, or transgender, and prostitution can involve heterosexual…
Who is a corrupt Arbitrator? An arbitrator who, induced by personal gain and who disregards the duty of neutrality to influence the outcome of an arbitration submitted to his or her consideration. Notion on personal gain The word personal gain is to be broadly construed. It includes the prospective monetary and non-monetary rewards. The…
Winding up is the process of bringing a company’s life to an end and administering its assets for the benefit of its shareholders and creditors. A company or business may wind up for a variety of reasons, including insolvency or bankruptcy, the death of promoters, or mutual agreement among stakeholders. There are two kinds of…
In 1983, Section 498-A was enacted to safeguard married women from cruelty by their husbands or family members. It prescribes punishment for 3 years and a fine. Under this section, cruelty is defined as causing physical or mental harm to the woman’s body or health, as well as engaging in harassment in order to coerce…
An insurance policy, also known as a contract of adhesion Insurance coverage is a contract that takes the form of a policy. This policy protects an individual’s financial risks as a result of unforeseeable events. The policyholder is the insured. The insurer is also known as the insurance provider, insurance carrier, or underwriter. They provide…
ITR filing date is just knocking on the door. Hopefully, all taxpayers are aware of the deadlines. If you are worried regarding the whole ITR filling process, you are at the very right platform, we are here to aware you regarding the same and to answer all your queries. As per the latest official…
Divorce is no more a nightmare for spouses anymore. Gone are the days when people choose a bad, complicated, and disturbing marriage over society’s perceptions or family’s reputation. These days at least a certain ratio of the population is quite aware of their marital rights and obligations. Well, this write-up is an endeavor to…
Why new personal data protection bill is the talk of the town?????? What is the necessity to bring this law in existence? Are present existing laws on Cyber Safety, failing to resolve challenges associated with personal data protection? Well, the nation is eager to know every inch of this bill, it’s utmost significance and how…
QRMP Sir, the scheme appears quite good in view of its following features: Tax liability in cash for the 1st and 2nd month of the Quarter to be determined taking into account the ITC (input tax credit) available. Tax liability ibid (1st and 2nd month) can be paid by deposit in Electronic Cash Ledger (ECL)…
Briefly, the Section governing the Annual Return has undergone changes quite a few times till date. Latest one prevails since 1.08.2021 therefore the status till 31.07.2021 is relevant too. Presently (w.e.f. 1.08.2021, all registered persons are required to submit an Annual Return, but without any audited Annual Statement. However, where annual aggregate turnover exceeds Rs.5…
“HAS THE STATE FAILED TO PROVIDE RIGHT TO LIVE UNDER ARTICLE 21 ” Amid the coronavirus pandemic, India is dealing with shortages on all fronts, be it oxygen, medicines, vaccines, or even doctors and nurses. The capacity is limited and the demand is overwhelming. As a result, there is chaos and what is being called…
Introduction India is an agriculturist nation. The history of agriculture in India dates back to the Indus Valley civilization era and even before that in some parts of southern India. The agriculture sector is one of the most important industries in the Indian economy. Agriculture is the primary source of livelihood for about 58%…
Landlord-tenant disputes under Transfer of Property Act are arbitrable: SC The Supreme Court held that landlord-tenant disputes governed by the Transfer of Property Act (TP Act) are arbitrable (except when they are covered by a specific forum created by rent control laws) as they are not actions in rem but pertain to subordinate rights in personam that arise from…
The Supreme Court recognized that Reserve Bank of India (RBI) has the power to regulate the monetary and credit system, which also extends to the regulation of virtual or cryptocurrencies. The Court, however, held that the RBI circular of April 2018, which completely banned regulated financial institutions from providing services to crypto businesses, is…
The Indian Parliament passed three agriculture act the new farm bill Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers (Empowerment and Protection) Agreement of Price Assurance, Farm Services Act, 2020, and the Essential Commodities (Amendment) Act, 2020—during its monsoon session culminating on 23 September. One of the most significant members of society…
The Court held that the District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged under Section 13 of the Consumer Protection Act. It further held that the commencing point of limitation of…
Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
In an important and significant judgment having social implications, the Supreme Court held that a daughter enjoys the same rights as a son as a coparcener in the joint Hindu family property irrespective of whether the father coparcener was alive on September 9, 2005, or not. The main issue, in this case, was the…
Introduction The Heart and Soul of Democratic India are its Constitution. According to the Constitution, Parliament, and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of…
An SC bench, headed by Justice Sanjay Kishan Kaul, held that such demeanor by a wife will certainly amount to inflicting cruelty on the man, and will be grounds for divorce under marital laws. The top court allowed a plea for divorce by an army officer whose wife wrote several complaints against him…
Fight against black money and corrupt practices have been the prime focus of the Modi government. Since the first cabinet meeting till now, there have been numerous steps taken to curb black money. Steps were taken by the Modi government so far against black money—demonetization, amnesty-like schemes, renegotiating treaties with tax havens—proves that this…
The Supreme Court in Civil Appeal No. 2617 of 2020 [arising out of SLP (C) No. 9866 of 2019 titled Siri Chand (Deceased) through LRs v/s Surinder Singh noted that as per Section 17 (1)(d) of the Registration Act, 1908 leases of immovable property from year to year, or for any term exceeding one year,…
Introduction If we cannot make India corruption-free then the vision of making the nation develop by 2020 would remain as a dream – Dr. A.P.J. Abdul Kalam Corruption is considered to be one of the greatest impediments on the way towards progress, especially for developing countries like India. The economic, social and cultural structure…
In Asha John Divianathan Vs Vikram Malhotra & Ors., CIVIL APPEAL NO. 9546 OF 2010, a three-member bench of Supreme Court of India comprising of Justices AM Khanwilkar, Indu Malhotra, and Ajay Rastogi while dealing with Section 31 of the Foreign Exchange Regulation Act, 1973 decided upon as to whether a transaction (specified in…
The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment should be directed to pay interest at an appropriate rate. The Supreme Court bench comprising justices D Y Chandrachud and M R Shah added “Salaries are due to the employees of the State…
Reply: Reservation in promotion in public posts cannot be claimed as a fundamental right, the Honorable Supreme Court reiterated in a judgment recently. A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State Governments are not bound to make reservations. Even the courts could not issue a Mandamus directing States to…
INTRODUCTION An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of the State Bank of India. The citizen or corporate can then donate the same to any eligible political party of his/her choice. The bonds are similar to banknotes that…
The Supreme Court has directed police stations to send accident information reports to Motor Accident Claims Tribunals ( MACT) and insurers within 48 hours of the road mishap. “The jurisdictional police station shall report the accident under Section 158(6) of the Motor Vehicle Act (Section 159 post-2019 amendment) to the tribunal and insurer…
INTRODUCTION COVID-19 -The entire world witnessed and went through a never-before-seen crisis. This was something that no one would have even imagined. A very tiny virus, which we can not even be seen with naked eyes, hit hard the entire human race and even the strongest, wealthiest nations of the world had…
What is the Ayushman Bharat Scheme? The Ayushman Bharat Scheme, launched by the Centre in September 2018. The government health insurance scheme covers most medical treatment costs and offers cashless hospitalization services through the Ayushman Bharat Yojana e-card. Touted as one of the world’s largest health insurance schemes, approximately 50 crore beneficiaries are eligible for…
The Supreme Court recently reiterated that a hospital is also vicariously responsible for the medical negligence committed by the medical professionals employed or retained by it. It is well established that a hospital is vicariously liable for the acts of negligence committed by the doctors engaged or impaneled to provide medical care. It…
INTRODUCTION Social security is usually understood as some form of monetary support that the government provides to those who are either incapable of being employed or are inadequately employed. In the Indian context, social security has a different meaning altogether. In India, our social security has spanned over a multiplicity of labour laws that our…
Answer: Issuance of security cheques is a good defense which is also legally acceptable. But, you have to prove that the cheques in qestion were given by way of security and the same have been misused by the complainant. As there is a presumption under section 139 of Negotiable Instrument Act that there exists a…
From the moment the national Covid-19 lockdown was announced, the unprecedented nature of the humanitarian crisis that was likely to follow was clear. It was also certain that the ranks of the vulnerable would rapidly start to swell as wages and work were withdrawn Once the lockdown was in force, there was no doubt that…
Introduction The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India at various levels like State Assemblies, Lok Sabha including elections of the offices of President and Vice President of India according to the rules and regulations mentioned in the Constitution of India. It was established…
INTRODUCTION TO FREEDOM OF SPEECH & EXPRESSION In India, freedom of speech and expression is granted by Article19(1)(a) of the Indian Constitution. It applies only to the citizens of India and not to foreign nationals. Freedom of speech under Article 19(1)(a) includes The rights of communication and the right to propagate or publish one’s opinion.…
Introduction- The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, which aims to protect senior citizens and parents including those who are neglected and are unable to support themselves. With more than 135 million elderly people, India today has…
The Personal Data Protection Bill 2019, represents a positive step towards realizing data protection and privacy law for Indians. It was tabled in Parliament on December 11th, 2019. Fast forward to 2021, India has witnessed a deadly global pandemic. Came along a series of privacy breach cases and marathon bans on popular mobile apps over…
Abortion or the medical termination of pregnancy as it is referred to in legal parlance, was illegal in India until 1971, as Section 312-316 of the Indian Penal code,1861 made it a criminal offence. Abortion can be spontaneous or induced. Spontaneous abortion is when a pregnancy comes to an end on its own, commonly…
Background Information empowers and enables people; pushes them towards exercising their legal, social, economic, and political rights. It spreads awareness among citizens and creates a culture of transparency and accountability so as to make the system of governance of a nation more responsive and alert. In India, it all started with petitions moved by the…
INTRODUCTION The One Nation One Election, idea is about structuring the Indian election cycle in a manner so that elections to the Lok Sabha and the State Assemblies are synchronized together so that the election to both can be held within a given span of time. In India, there are three levels of government, i.e., Centre level, State…
ARTIFICIAL INTELLIGENCE – THE LEGAL FRAMEWORK The present generation has witnessed remarkable advancements in [AI] Artificial Intelligence technology. The people in large numbers are accustomed to chat-bots and usage of virtual personal assistants like Siri, Alexa and ok, Google is increasing rapidly. AI is not limited to Android phones but has seen use at a…
Amend Section 138 Negotiable Instruments Act ;Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: SC Re Expeditious Trial Of Cases Under Section 138 of N.I Act . Citation:LL 2021 SC 217 The second proviso to Section 143 of the Negotiable Instruments Act empowers the Magistrate to convert the summary trial to summons…
In a case titled as State of Rajasthan v. Ashok Kumar Kashyap, Criminal Appeal No. 407 of 2021 (Arising from SLP (Criminal) No. 3194 of 2021) decided on : 13-04-2021, the Honourable Supreme Court of India has held that at the stage of considering framing of charge, only prima facie evidence is to be seen…
EQUALITY FOR WOMEN IS THE HARSH SOCIAL REALITY IN INDIA In India, the constitutionally guaranteed equality for women is often contradictory to the harsh social reality of the land and its cultural norms. The struggle for women’s equality began in India in the 20th century, during the struggle for Independence. In the fight against the…
INTRODUCTION- COMPUTER EVOLUTION AND REVOLUTION Civilizations have flourished in the past and gone on to establish themselves based on the foundations of singular inventions like use of iron or copper or bronze. Our present day singular invention, which has become as omnipresent as the iron and bronze tools in the past ages, is the computer.…
Child abuse is a corrupt deed committed by an individual and is treated as a crime. An act or inability by a mother or father or caretaker which results in potential damage to the infant can include abuse of children. From shouting, pinching, denying food, hitting or practising physical abuse, the study by UNICEF says…
Different yardstick laid by Supreme Court to Transfer Commercial Litigation The Honorable Supreme Court of India has very well laid down a proposition of law regarding the Power of the Supreme Court to transfer Suits etc. under Section 25 of the Code of Civil Procedure,1908. The matter came up before Honourable Apex Court in Fumo…
DEFAMATION LAW IN INDIA The right of each man during his lifetime to the unimpaired possession of his reputation and good name is recognized by law. Reputation depends upon opinion. A person’s own opinion about himself is not his reputation. It means rather the opinion…
FOOD SECURITY-A CHALLENGE BY COVID19 As we shall begin to discuss Food Security- A challenge by COVID 19, Let us first know about Food Security. “Food Security” as defined by United Nations Committee on Food Security means that all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food…
UNIFORM CIVIL CODE – MEANING The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavor to secure a…
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, which came into force on 27th November 2020, applies to everyone belonging to any religion. It seek to regulate religious conversions and Prohibition of Unlawful Conversion (including through marriages). Provides for the regulation of conversion through prescribed declaration. Before we begin to discuss about this controversial ordinance…
Section 482 CrPC –Inherent Powers of High Court when to be exercised ! Section 482 CrPC reads as under:- “Saving of inherent powers of High Court Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect…
Child marriage in India Child marriage in India persists amidst child protection laws. Protecting children from this menace needs multipronged tactics besides breaking false beliefs. India has a high prevalence of child marriage with at least one in three child brides in the world being from this country. The Prohibition of Child Marriage Act 2006…
Breath Analysis or Blood Test is not necessary for insurer to reject the claim of insurance on the ground of drunken driving holds Supreme Court. The Honourable Supreme Court of India has laid down a proposition of law on April,12,2021, to the effect that in repudiating insurance claim it is not necessary for…
SUPREME COURT JUDGEMENT ON SECTION 482 OF CODE OF CRIMINAL PROCEDURE REGARDING QUASHING OF FIR The Honourable Supreme Court of India has now very well settled a position of law regarding dismissing/disposing of the quashing petition under Section 482 of the CrPc or under Article 226 of the Constitution of India. The matter came up…
HIS RIGHTS –Tracing The Contours of Men Rights in India “Men Rights”-Sounds strange. That’s because the term is not much heard or talked about. India is a common law country with diverse traditions, several religious cultures, and a history dating back to ages. The constitution of India has been envisaged with the principle of…
SUPREME COURT JUDGMENT ON RIGHT TO PROFESSIONAL EDUCATION The Honorable Supreme Court of India in a recent judgment has very well settled a proposition of law regarding right to Professional education of every citizen. The matter came before the Honorable Supreme Court in Farzana Batool v/s Union of India.…
BENAMI PROPERTY-ALL YOU NEED TO KNOW Benami in Hindi means without a name. Webster’s dictionary defines the term, “Benami” as: made, held, done, or transacted in the name of (another person). Thus, a Benami Transaction, in common parlance, refers to a transaction in which a property is transferred in the name of a person, whereas…
SUPREME COURT JUDGMENT ON TENDERS In a recent judgement, the Honourable Apex court has held that in matter of tenders, the tender issuing authority is the best person to interpret the documents of tender and the terms and conditions contained therein. The matter came up before the Honourable Supreme Court of India in Utkal Suppliers…
Insolvency and Bankruptcy Code (IBC) 2016 Insolvency and Bankruptcy Code in India was implemented through an act of Parliament. It got Presidential assent in May 2016. The law was necessitated due to the huge pile-up of non-performing loans of banks and delays in debt resolution. Insolvency resolution in India took 4.3 years on average against…
LIVE IN RELATIONSHIPS IN INDIA Live-in relationships in India also called ‘cohabitation’ is an alternative for marriage, by which two-person of the same or different sex can live together without any legal rights against each other. The proverb “marriage is happening in heaven” gives a very deep meaning to marriage. Marriage is one of the…
COW’S IN INDIA – A LEGAL PERSPECTIVE Since the time of framing of the constitution, cow slaughter was a very heated topic of debate. The question soon arose whether to include cow slaughter which is attached with Hindu sentiments in the constitution of India or not. Many members of a constitutional assembly called in favor…
GENDER INEQUALITY – PAST ISSUES AND FUTURE POSSIBILITIES RIGHT TO EQUALITY ( ARTICLE 14 – 17 ) The right to equality provides for the equal treatment of everyone before the law. It prevents gender inequality and discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability. The constitution of…
PORNOGRAPHIC MOVIE -10 LAKH FINE & 7 YEARS JAIL Man is the most rational living being in this world. His attitude changes from time to time. His likes and dislikes change accordingly. Same in the case of his sexual fantasies also. Reports state that around 60% of India’s youth are addicted to various adult videos as…
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 Under the Narcotic Drugs and Psychotropic Substances Act 1985 of India, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from…
TRANSGENDER- A SENSITIVE GLOSSARY Most of us have never thought much, if at all, about what it might be like to be a transgender, or to have a child who…
PROS & CONS OF INFORMATION TECHNOLOGY ACT, 2000 The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information…
LOVE JIHAD– POLITICAL & SOCIAL MIRRORS Gujarat Assembly passed the ‘Love Jihad’ bill that amends the Freedom of Religion Act and penalises the act of forceful conversion of the religion of women on the pretext of marriage. The bill that amends the 2003 Freedom of Religion Act seeks to curb the “emerging trend…
Section 376 Indian Penal Code- An Analysis Introduction Section 376 of IPC lays down the punishment for Rape in India while Section 375 Indian Penal Code,1860 defines the offence of Rape. Rape under Section 376 Indian Penal Code is physical as well as psychological crime committed not only on woman body but also…
Interest Free Maintenance Charges and the Law Interest Free Maintenance Charges (IFMC) are the charges or fees which a home buyer pays to the Contractor or builder. The Contractor or builder reserves it in a separate account until the association of the…
Certificate of Ownership means a certificate issued by the authority whether Municipality or Government in case the land is purchased or issued by some authority which entitles some person to the ownership of the thing in respect of which it is issued. The person holding the certificate of ownership is free to use the property,…
The Hon’ble Supreme Court of India in its Judgment titled as Bajaj Alliance General Insurance Company Ltd. v/s Union of India & Ors Writ Petition No.534/2020 dated 16.3.2021 passed a number of directions regarding disbursement of compensation as well as speedy disposal of cases pending before the various MACTs. These directions are reproduced below: …
Runaway marriage is a marriage solemnized between two consenting adults out of their free will and consent which is against the wishes of their parents. As per Section 5 of the Hindu Marriage Act,1955 one of the essentials of a valid marriage is that bride must be 18 years or above and bridegroom must be…
The Honourable Supreme Court of India has reappraised law relating to transfer petitions, in transfer petition number 262 of 2018. The judgement titled as Swaati Nirkhi & Ors Vs State (NCT of Delhi ) & Ors was pronounced on March 09, 2021. The petition has been dismissed on the ground that most of the prosecution…
A liability under Section 138 of the Negotiable Instruments Act, 1881 is fastened on a person who is signatory to the cheque and cheque is drawn by that person on an account maintained by him. And the cheque has been issued for the discharge of liability. The discharge is in whole or in part of…
The article is about Cruelty in Matrimonial Disputes, judgemenst on cruelty and cruelty as a ground for divorce
Meaning of Patent As per Section 2 (m) of the Patents Act,1970, “patent” means a patent for any invention granted under this Act. The Act by itself does not give the exhaustive or complete definition of the word patent. As per the definition of “patent” given in the Indian Patents Act,1970 it can be granted…
Immigration law deals with national statutes, regulations and legal precedents governing immigration into and deportation from a country. As per Merriam Webster dictionary, emigration refers to departure from a place of abode, natural home, or country for life or residence elsewhere. Canadian immigration law deals with law related to entry of foreign nationals into Canada,…
An amendment has been made in the Companies Act, 2013 and the new Section 232 has been brought in which corresponds to Section 394 of the Companies Act, 1956 and this amendment seeks to bestow powers to Tribunal to order for holding of meetings of the creditors or the members and to make orders on…
Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency…
Answer: For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree…
Meaning of Legal Aid as per various dictionaries As per Collins English Dictionary, legal aid means, a benefit in the form of financial assistance for persons to meet the cost of advice and representation in legal proceedings in the courts of law. In Cambridge Business English Dictionary, legal aid is defined as money to help…
Answer: The cooling of period mentioned in section 13-B (2) of the Hindu Marriage Act, 1955 is directory and not mandatory, still it can be waived subject to fulfillment of certain conditions as mentioned in the judgement of the Honourable Supreme Court of India in the case, Amardeep Singh Vs Harveen Kaur, 2017 (4) RCR…
For many centuries, marriage was regarded as virtually indissoluble in many societies, including India where it was regarded as ‘sacramental’ religious. Divorces were granted only in limited cases in extraordinary circumstances. Divorce is the socially recognized and legal dissolution of marriage. According to the Concise Oxford Dictionary of Sociology (1994), ‘the formal legal dissolution of…
Reply: Production of additional documents not filed along with the written statement is against Order 8, Rule 1A(3) CPC which states that a document which is not produced at the time of filing written statement, shall not be received in evidence except with the leave of the court. This leaves can be granted by the…
Reply: The trial court directed both the parties to maintain status quo regarding possession. In these circumstances, in this case you alleged that you have been dispossessed from the premises in question, it would be expected of you to lead cogent and convincing evidence to establish your possession. In case of violation of interim injunction,…
According to the ratio of judgment rendered in Lalita Kumari’s case (supra), the reliability, genuineness and credibility of the information are not conditions precedent for registration of case. The intention of the Legislature is to ensure prompt investigation of a cognizable offence in accordance with law. There is no discretion left with the Police Officer to…
GENERAL: Any dispute with a Taxpayer/ Assessee involving difference in perception as to his rights cannot be decided unless the principles of natural justice are followed. These involve soliciting and entertaining a reply by way of issuing a Show Cause Notice and also granting a personal hearing before considering an adverse decision. This process is…
The evidence led by the prosecution to support their case under section 498A of IPC should not be read to hold the same accused guilty under section 306 IPC i.e abetment of suicide. Though, depending on the facts and circumstances of an individual case, subjecting a woman to cruelty may amount to an offence U/S…
What’s the scope of MSME Act? Do the Board and the Advisory Committee constituted under MSME Act enjoy any legal influence on financial or commercial statutes including GST? Whether the GST Council has any permanent Members from the MSME Board or the Advisory Committee? What special place/ facilities the MSMEs enjoy under GST law? MSMEs…
Advice: In a recent judgment pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to…
Answer: Where in the agreement entered into between both the parties, there is a mechanism to settle the dispute arising between the parties by the arbitration in accordance with the Rules of Arbitration or when the parties have agreed upon the procedure for appointment of arbitrator, ignoring the same, the High Court cannot appoint arbitrator…
Answer: Section 22 of Maintenance and Welfare of Parents and Senior Citizens Act permits the eviction of the house property from the daughter-in-law/son as they have no right to claim residence over self acquired property of her father/mother-in-law. As per settled law, daughter-in-law has no right to claim a right of residence over the self…
In all court cases, where stays are granted in future, the same will expire in 6 months from the date of such order unless similar extension is granted by passing a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having…
GST is a tax on supply. Normally the Government charges it from the supplier of goods or services. However the supplier collects the amount so paid from the customer by charging it on his invoice and the burden falls on the recipient. If the recipient has received the supply of goods or services for use…
Ha! Ha! What do Screenshots of our Smart phones or PC/ Laptops have to do with GST? A Lot! Actually. These actually are essential in the current scenario. Friends, we all keep hearing about technical glitches faced while doing work on the GST application (GST App) viz. “gst.gov.in”. The TRAN-1/ TRAN-2 imbroglio is well known.…
Is there GST on the renting of Residential accommodation? In one word, the Answer is a ‘No’! But, there is more to it. There is no GST on the renting of Residential Property for use as a Residential Accommodation. But if the same is to be used for Commercial purpose, the GST is applicable. But,…
Section 148 of the Negotiable Instruments Act was also inserted in the Amended Act on September 1, 2018, with prospective effect. However, appellate courts in several cases directed the accused persons to deposit 20% of the cheque/compensation amount, treating the said provision retrospective in nature. Consequently, several accused approached the higher courts throughout the country.…
GST on Legal advice E-commerce is on the rise by the day! And we get to witness a variety of e-business models adopted by e-commerce operators (ECO, in GST). Broadly these are 3: as an Agent, i.e. the ECO provides his e-commerce platform to the suppliers on a commission basis as a %age of Value…
Complaint under section 138 of the N.I. Act is criminal in nature. It, therefore, cannot be stretched to bar which is in the nature of temporary bar to the suit. Section 138 of the N.I. Act is in the nature of a panel provision with the objective to inculcate faith in the banking transactions. The…
Yes you heard it Right! GST is leviable on “Legal and Accounting Services”. The applicable rate is 18%. Legal Service, in GST, means any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority. EXEMPTIONs: But there are…
Free Civil Advice.There is a Division Bench judgment of Punjab and Haryana High Court titled as Bachan Singh Vs Swarn Singh, 2000(3) RCR (Civil) 70 in which it has been held that co-sharer in exclusive possession of the joint property has a right to enjoy and reap the fruits of the property even by raising…
cases of 498a/406 The sole consideration for the grant of bail in such like matters is to recover dowry articles (Istridhan) and joining of investigation before the Investigating Officer (IO). Once that is done, the grant of anticipatory bail can be availed of by you and the courts will be gracious enough to grant you…
The only reason to repudiate the insurance is that the insured did not disclose in the medical Performa that he was suffering from Type-II /Diabetes Mellitus. As the cause of death is ‘cardiac shock’ and the death has not occurred due to the well-known factual conditions in diabetics, therefore the reputation of insurance contract is…
No doubt both the parties have led evidence and the case has reached the stage of arguments. The amendment at the belated stage cannot be declined merely on the ground that the case has now been fixed for arguments and act this stage, the amendment cannot be allowed. If the amendment in question goes to…
Section 20 Code of Criminal Procedure,1908 talks about jurisdiction, where cause of action or part of cause of action has arisen. Sub clause (a) of Section 20 explains that a suit can be instituted in the court within the local limits of whose jurisdiction, defendant at the time of commencement of the suit, actually or…
GST is a very modern piece of Tax law and procedures. No wonder it comes with very modern, hitherto unforeseen, difficulties. But there are clear solutions. First of all we should know that the Departments have established so many ‘GST Seva Kendras’ where one can call or visit to know about his any day-to-day…
In one case, over a 100 home buyers had filed an application against Pyramid Infratech for not passing on the Input Tax Credit (ITC) of the GST paid on construction services. The National Anti-profiteering Authority (NAA) directed the company to refund or reduce Rs 8.22 crore from the buyers’ last installment along with 18% interest…
The Kerala High Court in November ruled that any GST mistakenly paid under one head can be adjusted under the correct head. It observed that the GST Act provides for the refund of the tax paid mistakenly under one head instead of another, like ‘SGST’ instead of ‘IGST’, but the GST Refund Rules also speak…
It has been held by the AAR that when the rent is collected together and divided equally between respective co-owners of a jointly owned property, the small business exemption for registration under GST will be available to all the co-owners separately. The total rent from all the properties will not be a factor in this…
This question has been answer in a case of Synthite Industries Ltd which had filed an application for advance ruling to determine if GST is applicable on sale of goods that are shipped directly from China to the USA without entering India. The AAR held that the goods are liable to GST when imported into…
In Columbia Asia Hospitals case, it has been held that Corporate Office and the units are distinct persons, so activities performed by employees of a Corporate Office for other units of company shall be treated as supplies as per the CGST Act. Hence, GST would be applicable even if made without consideration. This was ruled…
The Appellate Authority for Advance Ruling clarified that the applicant, Caltech Polymers Pvt. Ltd, recovered food expenses from its employees for the canteen services it provided under the provisions of the Factories Act. Although the company had made it clear that no profit margins were involved, the AAAR ruled that the supply of food would…
An application was filed in Rajashri Foods (P.) Ltd regarding the sale of one of its manufacturing units for a lump sum consideration. The firm wanted to know how the transaction would be treated. The Authority for Advance Ruling (AAR) held that the business will continue in new hands, hence such transaction would be in…
Reply is yes. It is evident from the reading of Sub-Section (3) of section 357 of the Code, that where the sentence imposed does not include a fine, that is, where the sentence relates to only imprisonment, the court, when passing judgment, can direct the accused to pay, by way of compensation, such amount as…
Yes, an arbitrator can be appointed by the Chief Executive Officer of Statutory Board even after the expiry of period of 30 days notice to him by the opposite party provided the opposite party has not invoked the jurisdiction of the Hon’ble High Court of the concerned place having jurisdiction over the matter, in the…
You can file a case against her for custody of your child. In a recent judgment, the Hon’ble Supreme Court of India has settled the law that the Parent who is denied custody of the child should have the right to talk to his/her child for 5 to 10 minutes everyday. A child, especially a…
Your brother has every right to move an application for anticipatory bail till the time he is not arrested. The rejection of his petition u/s 482 of Cr.P.C., will have no effect on the merits of the petition for anticipatory bail because the parameters for grant of anticipatory bail are different than that of petition…
If the complaint filed by your counsel indicated adequate and sufficient reasons for not being able to institute the complaint within the stipulated period, the impugned order of dismissal of complaint can be set aside. The reasons for delay in filing the complaint beyond the period stipulated in the Negotiable Instrument Act has to be…
Where dispute between the parties predominantly or overwhelmingly seems to be of a civil nature and dispute is a private one between two private parties, even though offences alleged are non-compoundable, offences can be compounded. The jurisdiction to compound the offences and quash the FIR lies within the powers of High Court of the concerned…
Allegations of illicit relations and love affairs of husband raised by the wife in her written statement and in such case if she fails to leave any evidence in support of her allegations to prove the same, it amounts will amount to ‘cruelty’ even when such a plea is not taken in the divorce petition,…
Mutation of property in revenue records are fiscal proceedings and does not create or extinguish title nor has it any presumptive value on title.
In the case of divorce with mutual consent, wife can give up her right of maintenance or permanent alimony or stridhan, but she cannot give up rights which vest in the daughter insofar as maintenance and other issues are concerned.
Harassment of a woman by unlawful demand of dowry also partakes the character of ‘cruelty’ and this is a sufficient ground for divorce.
The question whether an employee deserves to be paid interest on the delayed payment of various retiral benefits and the answer to this question is ‘yes’. A writ in the nature of Mandamus is also legally maintainable to seek interest on the delayed payment as per the law laid on by the Honourable of Apex…
GST is feary, – a hideous enemy, we’re trying to come to terms with! And it punishes hapless subjects who don’t even have any teeth against it, – a draconian trait lifted directly into the most modern tax reform in the world. Hadn’t it been fair if the subjects would have had some retaliatory rights…
LAW RELATING TO REGISTRATION OF AN FIR IN INDIA By : Vijay Kumar Kaushal, Advocate Punjab & Haryana High Court, Chandigarh Criminal Procedure Code under Section 154 of Criminal Procedure Code ( in short Cr P C ) contains a provision relating to registration of an FIR. It says, every information relating to…
AIR 1987 SUPREME COURT 371 SUPREME COURT (From : Gujarat)* O. CHINNAPPA REDDY , J. and G. L. OZA, J. Civil Appeal No. 447 (N) of 1973, D/-21-11-1986 Kalyan Mills Ltd Appellant v. Union of India and others Respondents. Income-Tax Act (11 of 1922), S.46(2), S.46(5A)– Recovery of arrears of Income-tax, Excess Profit Tax, Business Profit Tax- Suit for, by…
SUPREME COURT OF INDIA DIVISION BENCH ( Before : Abhay Manohar Sapre and S. Abdul Nazeer, JJ. ) HINDUSTAN ANTIBIOTICS LIMITED — Appellant Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) AND OTHERS — Respondent Civil Appeal No. 10203 of 2018 Decided on : 04-10-2018 Civil Procedure Code, 1908 (CPC) – Order 27 Rule…
Public policy l is one issue which is a threat to the arbitral awards since courts can interfere into any award on the ground of public policy. In India Supreme Court of India has minimised the possibility of such unlimited interference by the courts, by its various judgements. In a recent judgment dated04.09.2014 at three…
2011 (0) AIJ-SC 687 Equivalent Citation(s):-2011 (11) SCC 672 : 2011 (6) Scale 406 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Aftab Alam and R.M.Lodha JJ. (Division Bench) Harjit Singh Uppal Versus Anup Bansal Civil Appeal No. 4416 of 2011 ; *J.Date :- MAY 13, 2011 EAST PUNJAB URBAN RENT RESTRICTION…
2011 (0) AIJ-SC 1454*EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949 Section – 13 Equivalent Citation(s):-2012 (2) SCC 60 : AIR 2012 SC 466 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Altamas Kabir and Surinder Singh Nijjar JJ. (Division Bench) Iqbal Singh Narang Versus Veeran Narang CRIMINAL APPEAL No. 2225 of 2011…
2012 (0) AIJ-SC 61 Equivalent Citation(s):-2012 (11) SCC 314 : AIR 2012 SCW 1669 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Dalveer Bhandari and Dipak Misra JJ. (Division Bench) Ranbir Talib @ Ranbir Satwant Singh Versus Bhatia Gas CIVIL APPEAL No. 814 of 2012 ; *J.Date :- JANUARY 17, 2012 EAST…
2015 (0) AIJ-SC 1175 Equivalent Citation(s):-JT 2015 (12) SC 296 : 2016 (1) Supreme 1 SUPREME COURT OF INDIA (HIGH COURT OF UTTAR PRADESH) Hon’ble Judges:Pinaki Chandra Ghose and R.K.Agrawal JJ. (Division Bench) Mangu Singh Versus Dharmendra with State Of U.P. Versus Dharmendra CRIMINAL APPEAL No. 2230 of 2011 ; CRIMINAL APPEAL No. 1707 of…
2015 (0) AIJEL-SC 854 Equivalent Citation(s):-2015 (9) Scale 767 : JT 2015 (8) SC 310 SUPREME COURT OF INDIA (HIGH COURT OF MAHARASHTRA) Hon’ble Judges:Pinaki Chandra Ghose and R.K.Agrawal JJ. (Division Bench) Jitendra Vora Versus Bhavana Y.Shah CRIMINAL APPEAL No. 1001 of 2010 ; *J.Date :- SEPTEMBER 16, 2015 NEGOTIABLE INSTRUMENTS ACT, 1881 Section –…
2015 (0) AIJEL-SC 927 Equivalent Citation(s):-2015 (7) Supreme 434 : 2015 JX(SC) 818 SUPREME COURT OF INDIA Hon’ble Judges:Ranjan Gogoi and N.V.Ramana JJ. (Division Bench) Om Prakash Sharma @ O.P.Joshi Versus Rajendra Prasad Shewda CIVIL APPEAL No. 8609 of 2009 ; 8610 of 2009 ; *J.Date :- OCTOBER 9, 2015 KeyWords: Ownership – Benami transaction…
it is a collective term describing the network of treaties, statutes, regulations, and common and customary laws addressing the effects of human activity on the natural environment
According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual…
The case allows you to apply the principles of capital budgeting to a hypothetical project. Your task is to assess whether you would invest in this project, given the information in the case.
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding
A court proceeding in which a person who is charged with having committed or omitted an act against the community or state is brought to trial and either found not guilty or guilty and sentenced.
A noncriminal lawsuit, usually involving private property rights. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.