INDEX Sr. No. Topics Page no. 1. Abstract 2 2. Keywords 2 3. Introduction 2 4. Mitakshara School 3 5. Debts Under Mitakshara Law 4 6. What is avyavaharika debt? 5 7. What is antecedent debt? 6 8. Dayabhaga School 6 9. Debts Under Dayabhaga Law 7 10. Difference between dayabhga and mitakshara law 8 …
CONTENT Abstract Keywords Introduction Research Methodology Creativity Human creativity and Intellectual Property Types and characteristics Intellectual Property System Securing Intellectual Property Rights over TK Protection measures Legal options TK and IP Relationship Role of WIPO suggestions Conclusion ABSTRACT Specialized areas of law and policy-making the subject of intellectual property has come to the forefront of …
ABSTRACT The motive behind granting copyright protection is to safeguard the creation of someone’s skill, labor, and capital. Protection basically promotes creativity. It encourages the creators to come up with new ideas and their expressions. Copyright assures them that no other person will use their work without their permission or authorization. Still, if someone tries …
Effectiveness of Remedies for Copyright Infringement in Global Perspective. Read More »
ABSTRACT If India aims to emerge as a developed country, it needs equal women participation in each field. India being the second most populous country ranks 135 out of 146 countries in The World Economic Forum’s Global Gender Gap Report 2022, The gender gap is the difference between women and men as reflected in social, …
Women Reservation in Panchayat -: Its achievement and reality Read More »
FACTS The state of Kerala had started the construction of Kallada Irrigation Project in the year 1961.World Bank was financially aiding Kerala government on this project from June 1982 to March 1989. As required by the world bank, a special condition namely, the local competitive bidding specification (LCBS) as envisaged by the world bank authorities …
The Secretary to Government of Kerala vs. James Varghese Read More »
FACTS In this case Sh. Dev Dutt Sharma (Father) had three sons, a daughter and a wife. He expired on 11th December 1999. And one of his sons expired on 1st July 2001 who was unmarried. And then the daughter Ms Vineeta Sharma (Appellant) claimed for 1/4th share in her father’s property by filing a …
SUPREME COURT CASE: 2 May, 2022 PETITIONER: Jacob Puliyel RESPONDENT: Union of India and others BENCH: L. Nageswara Rao, B.R. Gavai FACTS OF THE CASE: A public interest litigation petition was presented by Jacob Puliyel, a former National Advisory Technical Group member. He sought disclosure of clinical trial data on vaccines and declared mandatory vaccination …
Date of the Case: 10th January 2022 Petitioner: State by Narcotics Control Bureau Bengaluru Respondent: Pallulabid Ahamad Arimutta Bench/ Judges: Hon’ble Justice Surya Kant, Hon’ble Ms. Kohli Order: Hon’ble Justice Ms. Kohli Legal Provisions: Narcotics Drugs and Psychotropic Substance Act, 1985 Facts of the Case: On 22nd March 2019, NCB (petitioner) received information regarding drug …
State by Narcotics Control Bureau Bengaluru v. Pallulabid Ahamad Arimutta Read More »
ABSTRACT Intellectual Property Rights are fostering a rising number of revered nowadays. Knowing that their development, idea, or revelation is covered gives creators piece of psyche. One of the most extreme standard size legitimate rules withinside the worldwide is patent regulation. Patent hindrances make it hard to gain drug, that is essential for everybody. In …
PHARMACUETICAL PATENTING IN INDIA: PROBLEM OF PUBLIC ACCESS TO HEALTH. Read More »
Abstract The Code of Criminal Procedure which is abbreviated as CrPC in common parlance is nationally applicable legislation governing the procedure regarding the administration of criminal law in the country. The act was formulated in 1973 and came into effect in the subsequent year. This research paper particularly deals with the evolutionary background of the …
From Customs to Criminal Procedure Code – The Great Grandeur Evolution Read More »
Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …
Introduction Sexual victimisation refers to state of affairs while someone commits or try a sexual act without the previous permission of that character or that character isn’t always withinside the state of affairs to present a unfastened consent. Now a days transgenders additionally grow to be the brand-new sufferers of those crimes. As all of …
(Criminal appeal No.98 of 2021) (2021) 3 SCC 713 Facts: A Professor TJ Joseph of the Newman College, Thodupuzha while framing a Malayalam question paper for B.Com 2nd semester , had included an objectionable question against a particular religion of certain society. The respondent along with the members of Popular Front of India decided to …
Abstract India is a country where there are a lot of diversities on the grounds of language, race, religion, caste, etc. There are several religions prevalent in India. Due to this reason, State has rightly introduced the concepts of Secularism which means religious tolerance and equal treatment to all religions[1]. Secularism is not an anti-religious doctrine …
THE ESSENTIAL RELIGIOUS PRACTICE AND ITS DEVELOPMENT Read More »
In respect of Article 19(1)(a) Introduction: Since a decade, there have been roughly 665 internet shutdowns in India with the recent one just after the Udaipur incident[1] as per the data provided by the Software Freedom Law Center, a firm that provides legal services in this area. These shutdowns were initiated after any protest, incident, …
Internet Shutdown and Violation of Fundamental Right Read More »
FACTS In this case Sh. Dev Dutt Sharma (Father) had three sons, a daughter and a wife. He expired on 11th December 1999. And one of his sons expired on 1st July 2001 who was unmarried. And then the daughter Ms Vineeta Sharma (Appellant) claimed for 1/4th share in her father’s property by filing a …
ABSTRACT Corporate establishments were accorded an autonomous legal status to help achieve the underlying goals of justice. With the passage of time, in order to circumvent the responsibility, Benami transactions, frauds and money transfers into the company’s account became extremely prevalent. The need to address such malpractices among shareholders and safeguard the hard-earned money of …
REVERSE PIERCING OF CORPORATE VEIL: HOW DOES IT SUPPORT THE PRESENT INSOLVENCY Read More »
ABSTRACT: In India, the concept of marital rape has always been very complex, with many laws and verdicts being passed over the ages but not amended. A husband cannot be guilty of rape with his lawful wife. Marital rape is a violation of the fundamental right of a woman specifically under Articles 14 and 21 …
ABSTRACT The term “Hindu Undivided Family” derives its meaning and rules from the two schools of Hindu Law. The ancient Schools of Hindu laws are believed to be of two types and where in existence before the Hindu law was codified with the Hindu Succession Act of 1956. 1. The Mitakshara School, and 2. The …
Abstract The world has seen a lot many man- made disasters like wars, genocide, conspiracies, untouchability, nuclear wars, tech wars and what not. Genocide is one of the grave and heinous among all. The world has seen a lot many cases of genocide like in Bangladesh, Yugoslavia, Rwanda, Kashmir (India) etc. The major thing observed …
Abstract The Code of Criminal Procedure which is abbreviated as CrPC in common parlance is nationally applicable legislation governing the procedure regarding the administration of criminal law in the country. The act was formulated in 1973 and came into effect in the subsequent year. This research paper particularly deals with the evolutionary background of the …
From Customs to Criminal Procedure Code – The Great Grandeur Evolution Read More »
ABSTRACT Intellectual Property Rights are fostering a rising number of revered nowadays. Knowing that their development, idea, or revelation is covered gives creators piece of psyche. One of the most extreme standard size legitimate rules withinside the worldwide is patent regulation. Patent hindrances make it hard to gain drug, that is essential for everybody. In …
PHARMACUETICAL PATENTING IN INDIA: PROBLEM OF PUBLIC ACCESS TO HEALTH Read More »
Abstract Adoption is a legal process that creates a parent child relation between persons not related by blood. An adopted child is entitled to all privileges as similar to natural-born child. Adoptive child also has right to inherit. It is usually referred to as the legal process of becoming non-biological parent. Adoption is the act …
Petitioner: Common Cause ‘A’ Registered Society, etc Respondent: Union of India (UOI) and OR’s. Court: The Supreme Court of India Bench: Justice Dipak Mishra and Justice A.M Khanwilkar Decided on: 9 March 2018 Case No: Writ Petition (Civil) No. 215 of 2005 Equivalent Citations: 2014 AIR SC 1556 and 2014 SCC 5 338 FACTS OF …
Introduction Sexual victimisation refers to state of affairs while someone commits or try a sexual act without the previous permission of that character or that character isn’t always withinside the state of affairs to present a unfastened consent. Now a days transgenders additionally grow to be the brand-new sufferers of those crimes. As all of …
Abstract Through the pages of this research article, I have attempted to introduce, discuss and summarise the legal construct of fitness to stand trial in criminal justice and its diverse aspects by creating a comparative study of some of the leading democracies in the world. The issue of the defendant’s mental health and its role …
The significance of Fitness to Stand Trial in Criminal Justice Read More »
ABSTRACT Secularism is widely discussed and hotly debated topic modern democratic states. The religious basis of secularism, makes it a contested topic. Albeit, secularism is a very crucial aspect of a democratic state but, a democratic state may or may not be a secular state in its true sense. Also, a state can be a …
Idea of Secularism in Democracies especially in India and in Peacebuilding Read More »
Abstract- India is a country where Marriage is not just limited to the procedure of co-joining two inverse gender souls and their emotions into one thread rather it is considered a sacred and holy association that involves a consecrated position. In India to legally bind rechristen marriage as valid, there are certain rituals and ceremonies …
LIVE-IN-RELATIONSHIP IN INDIA- LAWS, AND CHALLENGES Read More »
INTRODUCTION Dr. Siddaraju, a non-KAS cadre officer with a handicap, filed the petition. According to U.O. Note dated 02.04.2014, the Department of Personnel & Administrative Reforms of the Government of Karnataka announced six positions for promotion to the IAS, Karnataka Cadre for non-KAS officers without allocating three percent of the positions to people with disabilities …
Table of Contents • Introduction• Concept of a fair trial• Adversary system• Trials• Presumption of Innocence• Independent, Impartial and Competent Judges• The doctrine of “Autrefois Convict” and “Autrefois Acquit”• arrest and pre-trial detention –role of judge/magistrate• Venue of Trial• Right of the Accused to Know the Accusation▪ Accused Person to be tried in his Presence▪ …
Critical Analysis on Right to a fair trial under Indian Laws. Read More »
Abstract Despite India’s size and rapid development, crimes and other wrongdoing remain on the rise. Even though there are a lot of laws in India aimed at reducing and controlling crime, the number of crimes is still rising. Since the penalties are not severe enough for the offense, the offender has no fear of any …
CAPITAL PUNISHMENT IN INDIA, CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT Read More »
ABSTRACT 1 KEYWORDS 1 INTRODUCTION 2 CONCLUSION ABSTRACT: The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a neutral child only from the commissioning couple under any law for …
Facts of the case “When historians in the future look back at the last 6 years to see how democracy has been destroyed in India even without a formal Emergency, On June 27, 2020, lawyer Prashant Bhushan twitter, “They will specifically mark the role of the Supreme Court in this catastrophe & more notably the …
Petitioner: Rambabu Singh Thakur v/s Respondent: Sunil Arora & OrsJudgment dated on: 13th February, 2020 – Bench: Hon’ble Justice R.F. Nariman, Hon’ble Justice S. Ravindra Bhat & Hon’ble Justice V. Ramasubramanian. Brief facts of the case In this case, the Supreme Court of India noted that the number of criminal politicians in India has increased …
DATE OF THE CASE: 20 July, 2021 APPELLANT: L. Raghumani Singh RESPONDENT: District Magistrate, Imphal West District, Manipur and Ans. BENCH/JUDGES: Justice D.Y. Chandrachud Justice M.R. Shah LEGAL PROVISIONS: The Constitution of India, 1949 (Article 21), The National Security Act, 1980 FACTS: Leichombam, a Manipuri activist was apprehended by the police on May 13, 2021 …
CASE: L. RAGHUMANI V. DISTRICT MAGISTRATE IMPHAL WEST DISTRICT MANIPUR.[1] Read More »
Introduction: It is to be mentioned with greater pre-eminence that Section-29A of Insolvency & Bankruptcy Code, 2016 (Code) with its profound contentious nature has witnessed a purposive interpretation of its clause – (h). The Supreme Court (SC) of India in the recent dispute of Bank of Baroda & Anr v. MBL Infrastructures Limited & Ors.[i] …
Section 29A (h) of IBC, 2016: A Judicial Approach & Elucidation Read More »
CONTENT ABSTRACT KEYWORDS INTRODUCTION OBJECTIVE RESEARCH METHODOLOGY ANCIENT, MEDIEVAL AND MODERN PERIOD LAWS FOR WOMEN IN WORKPLACE IN INDIA Rights Under the Constitution of India The Mines Act, 1952 The Maternity Benefit Act, 1961 The Equal Remuneration Act, 1976 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 IMPORTANT CASES Vishaka …
Overview of Women Rights in the Workplace in India Read More »
Abstract Despite India’s size and rapid development, crimes and other wrongdoing remain on the rise. Even though there are a lot of laws in India aimed at reducing and controlling crime, the number of crimes is still rising. Since the penalties are not severe enough for the offense, the offender has no fear of any …
CAPITAL PUNISHMENT IN INDIA, CONSTITUTIONAL VALIDITY OF CAPITAL PUNISHMENT Read More »
Abstract“Lex uno ore omnes alloquitur” which means that everyone is equal before the eyes of the law which is an important principle which forms the basis of judicial proceedings across the world. The law treats everyone equally and this principle is enshrined in various provisions of the Indian Constitution. Article 14 of the Indian Constitution …
Critical Analysis On Right To A Fair Trial Under Indian Law Read More »
ABSTRACT 1 KEYWORDS 1 INTRODUCTION 2 CONCLUSION ABSTRACT: The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a neutral child only from the commissioning couple under any law for …
ABSTRACT “Do not punish the helpless, help the helpless”[1]as stated by Shri Justice Jahagirdar in his article titled “Attempt at Suicide-Crime or Cry” pricks on our consciousness to deal with suicide. It is evident that penalization of suicide is an anachronism in the society like ours. However, some proponents in favor of criminalization continue to …
DECRIMINALISATION OF SUICIDE IN INDIA: NEED OF THE HOUR Read More »
SCC ONLINE SC 660 (Criminal Appeal No.940-941 0f 2021) Facts- Gumansingh solemnized marriage with Tahera (deceased) on the date 27/04/1997, after that deceased was residing with GumanSingh and his family which includes his mother as well. Guman Singh was continuously asking his deceased wife about 25000/-rupees to bring from her father. GumanSingh wants to do …
IN THE SUPREME COURT OF INDIA GUMAN SINGH Vs STATE OF GUJRAT (2021) Read More »
“If the soul left in darkness sins will be committed. The guilty one is not he who commits the sin, but he who causes the darkness”. (Victor Hugo) Introduction- Victimisation is the term which is commonly used, meaning this term when a person becomes a victim of any offence committed against him. In continuance of …
ROLE OF SOCIAL MEDIA IN CONTEXT WITH SEXUAL VICTIMISATION Read More »
ABSTRACT Euthanasia is always under debate in our legal system. Many argue that if we bring euthanasia into practice , this will lead to disposing off people with incurable and debilitating diseases from the society. This would be against the human rights of these persons. On the other hand many argue that, people with such …
Case Comment Court: Supreme Court of India Criminal Appeal No. 1919 of 2010 Appellant – Anversinh @ Kiransinh Fatesinh Zala Respondent – State of Gujarat Bench: N.V. Ramana, Surya Kant, Aniruddha Bose Decided on – 12 January, 2021 Facts: The complainant Kiransinh (PW1) when came back from work on the night of 14 May, …
Anversinh @ Kiransinh Fatesinh VS. State of Gujarat Read More »
CASE NO – Writ Petition (criminal) no – 102 of 2007 COURT – Supreme Court of India CORUM – Hon’ble Justice Madan B. Lokur and Hon’ble Justice Deepak Gupta. DATE OF JUDGEMENT – May 5, 2017. INTRODUCTION – Annually, scandals at orphanages in India have disclosed how orphan’s institutions are run. The workers at these …
Re Exploitation of children in orphanages in State of Tamil Nadu v/s Union of India Read More »
1. Facts 1-2 2. Issues raised 2 3. Contention 2-3 4. Rationale 3-4 5. Defects of law 4-5 6. Inference 5 Review of — Stephen L. Thaler [2021] APO 5 Date of judgement – 30 July 2021 Judgement of – BEACH J FACTS BETWEEN : STEPHEN THALER …
FACTS: A juvenile ‘X’, aged 16 to 18, is accused of committing an offense punishable under section 304 of the Indian Penal Code, 1860 (IPC), which carries a maximum penalty of life imprisonment or up to ten years in prison and a fine in the first part and up to ten years in prison and …
SHILPA MITTAL V. STATE OF NCT DELHI AND ORS. (2020) Read More »
–Utsav Aggarwal, 1st year, Symbiosis Law School, NOIDA Justice means that the individuals’ legitimate expectations under the law must be met, and they must be assured of the benefits provided by the laws and other rights. Individual rights and the common good are attempted to be reconciled through justice. It emphasizes the idea of equality. …
THE IDEA OF JUSTICE BY JOHN RAWLS AND HOW THE INDIAN CONSTITUTION INHERITS IT Read More »
ABSTRACT Prenuptial agreements are increasingly commonly utilized around the globe as practical mechanisms for defining the rights of spouses throughout the duration of the marital relationship and also in case of its dissolution. However, the Indian government has shown reluctance to provide legal standing to such documents. Particularly unclear is the Indian attitude toward premarital agreements. In …
PRE-NUPTIAL AGREEMENTS IN INDIA: AN ANALYSIS OF LAW AND SOCIETY Read More »
“The value of an idea lies in the using of it” -Thomas Edison (Inventor) Abstract Intellectual Property Rights is usually considered as innovative ideas, creations which can be protected by an individual, by the overarching virtue of right to property provided under the constitution. The Parliament has come up with many rules and …
INNOVATION AND INTELLECTUAL PROPERTY RIGHTS : AN OVERVIEW OF THE INDIAN LAW Read More »
Abstract Keywords Introduction Objective Methodology Literature review Important provisions of the act Critical analysis of the act Conclusion Abstract The Andhra Pradesh Assembly enacted the Disha Bill, 2019, after being shaken by a horrendous and violent rape on the outskirts of Hyderabad that shook the entire country and made legislators recognise the necessity for severe …
Abstract 1 Keywords 1 Introduction 1& 2 Pros and cons of capital punishment 2 Capital punishment in U.S.A. 3 Capital punishment in England 3 Capital punishment in Germany 3 Capital punishment in Australia 4 Capital punishment in Bulgaria 4 Capital punishment in India 4&5 Research methodology 5 Review of literature 5&6 Suggestion 6&7 Conclusion 8 …
Abstract 1 Keywords 2 Introduction 2 Section 265 A – Section 265 L, Crpc 3-5 Types of Plea Bargaining 6 Salient features of Plea Bargaining 7 Pros and Cons of Plea Bargaining 7-8 Indian Judiciary and Plea Bargaining 9 Indian and American model of Plea Bargaining 9 Research Methodology 10 Review of Literature 10 Suggestions …
OVERVIEW ON THE CONCEPT OF PLEA BARGAINING UNDER THE INDIAN LEGAL SYSTEM Read More »
ABSTRACT Asia is known for its wildlife and wild animals roaming the forest. Today, animals are hunted and poached for personal gain to the extent that wild species are extinct. People all over the world are interested in buying animal body parts because they believe that dead animals give them a position in society and …
ABSTRACT Cyberbullying is a method of harassment using electronic means and is very common among all, as the digital sphere has extended its technology. As school districts shut down in retort to COVID-19 and students are moving to e-learning, ever than before our children may be using most of the period in front of screens. …
Citation: 2022 (SC) 480 Year: 2022 Appellant: Veerendra V. Respondent: The State of Madhya Pradesh Bench: Justice A.M. Khanwilkar, Justice Dinesh Maheswari, and Justice C.T. Ravikumar INTRODUCTION A three-judge panel affirmed this decision. For crimes under Section 302, 376A, and 376(2)(i) of the Indian Penal Code (IPC), it was affirmed, but the death penalty was reduced to life imprisonment. …
ABSTRACT: The plight of children working in the automobile industry especially in the automobile repair workshops before the period of this research seemed to be an instigation to conduct an exclusive research on the subject.The research question is about law relating to child labour with particular reference to automobile industry in Puducherry.In that way of …
LAW RELATING TO CHILD LABOUR WITH REFERENCE TO AUTOMOBILE INDUSTRY IN PUDUCHERRY Read More »
1.FACTS : G.O.Ms. No. 275 dated 5.11.1986, was issued by the Governor in exercise of power under para 5(1) of Schedule V to the Constitution of India, directing the posts of teachers in educational institutions in the scheduled areas shall be reserved for Scheduled Tribes. The Andhra Pradesh Administrative Tribunal quashed the notification by order …
CHEBROLU LEELA PRASAD RAO v. STATE OF ANDHRA PRADESH Read More »
Abstract The concept of live in relationship is a recent development. It means cohabitation between two members of the opposite sex who live together without marriage. Live in relationships are relatively new in India as compared to the western world but are becoming more commonplace nowadays. It is not recognized by the Hindu marriage Act, …
Abstract In the first instance, patent laws and competition laws appear to be at odds. While one law appears to give some sort of monopolistic status to a patent holder by granting rights such as the right to sell, price, and grant license of use for the patented technology, the other law tries to restrict …
EXCESSIVE PRICING UNDER COMPETITION ACT AND PATENT’S RIGHTS Read More »
TABLE OF CONTENTS S.NO. TOPICS PAGE NO. 1. ABSTRACT 2. KEYWORDS 3. INTRODUCTION 4. FORMS OF ABUSE PHYSICAL ABUSEEMOTIONAL ABUSEECONOMICAL ABUSESEXUAL ABUSE 5. RESEARCH METHODOLOGY 6. LITERATURE REVIEW 7. CYCLE OF ABUSE THEORY 8. SOCIAL INFLUENCES 9. SUGGESTIONS 10. LAWS REGARDING DOMESTIC VIOLENCE IN INDIA DOWRY …
ABSTRACT One of the most appalling problems in the Indian Legal System is the pendency of cases. Which is around two crores of cases. Crime, Criminals and Criminality has always been a serious problem for our society, state and individuals. The Indian Legal System came with a revolutionary tool of Plea Bargaining to solve the …
ABSTRACT This paper chiefly categorized the arena of surrogacy, legislation, and judicial verdicts regarding surrogacy. This paper also revolves around the history of surrogacy, how it was nurtured with time, the commercialization of surrogacy, and reproductive tourism in India. A brief data regarding the SURROGACY BILL 2021 has also been explored in this paper. Also, …