ABSTRACT Whenever a wrong is committed in a society, we tend to refer to the laws of that particular society to see whether the wrong is punishable or not under the law. But does every wrong come into the ambit of ‘Punishable’? Is restraining someone from marrying according to his needs and desires right? If …
ABSTRACT Mahatma Gandhi in his lifetime has always supported humanitarian over punitive treatment of inmates. Every person’s right to life and personal liberty is guaranteed by Indian Constitution as a fundamental right. The concept of prison was limited to the confines of a room where the convicted person was held in order to get him …
OPEN PRISON SYSTEM IN INDIA AND ITS SIGNIFICANCE Read More »
INTRODUCTION Shayara Bano v. Union of India and Others is a landmark case dealing with the constitutional validity of “Triple Talaq” of “Talaq-e-Biddat” under Muslim Personal Law in India. “As the name suggests in this form of divorce, a Muslim man can instantly divorce his wife after repeating the word ‘talaq’ in one sitting, without …
SHAYARA BANO V. UNION OF INDIA AND OTHERS, (2017) 9 SCC 1 Read More »
ABSTRACT: “No woman can call herself free until she can choose consciously whether she will or will not be a mother.” – Margaret Sanger, Founder of Planned Parenthood Each year millions of women have unwanted pregnancies. These pregnancies have an immense impact on a woman depending on factors such as her health, relationships, financial capacity …
RIGHT TO CHOOSE MOTHERHOOD: AN OVERVIEW OF INDIAN WOMEN Read More »
ABSTRACT: “Torture is despair and fear and rage and hate. It is a desire to kill and destroy including you.” Custodial violence generally indicates any kind of violence within the premises of the police and judicial custody. It includes the torture, sexual harassment, and even death of the sufferer or the victim. It is a …
cUSTODIAL VIOLENCE: AN INFRINGEMENT OF HUMAN RIGHTS Read More »
ABSTRACT: “The freedom to convert is fundamental to freedom to religion.” – Bob Inglis The Article 16 of the United Nations Declaration on Human Rights[1], “Every man and woman is free to marry whomever they wish, regardless of race, religion, language, nationality, economic status, etc., as long as there is full and free consent and …
LEGISLATIVE INTERFERENCE IN THE RIGHT TO MARRIAGE AND RELIGION Read More »
FACTS ‘Gender discrimination’ is a major issue in India due to which Indian women are treated inferior to the men. The present case has a strong connection with the problem of ‘Gender discrimination’ faced by women in India. The initiation of the present case dates back to 2003 when Babita Puniya, the respondent in the …
THE SECRETARY, MINISTRY OF DEFENCE V. BABITA PUNIYA AND ORS Read More »
Abstract Navtej Singh Johar is one of the most recent and landmark judgments of the Supreme Court of India in which the Hon’ble Supreme Court had used the concept of transformative constitutionalism in its rationale. The Hon’ble Court has elucidated and has applied notions such as transformative constitutionalism, constitutional morality, and the Right to Privacy …
NAVTEJ SINGH JOHAR V. UNION OF INDIA (2018) 10 SCC 1 Read More »
INTRODUCTION The Epidemic Diseases Act of 1897 was enacted to improve the prevention of severe epidemic diseases. When there is a threat or outbreak of a hazardous epidemic disease, the Act allows both the federal and state governments to take action and issue restrictions. During the COVID-19 pandemic, it was critical to have a law …
The aviation sector of India is one of the fastest growing in the world. Domestic traffic in India has more than doubled, from around 61 million in FY14 to around 137 million in FY20, a year-on-year increase of more than 14%. By the year FY25, it is predicted to have grown from the third largest …
THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA (AMENDMENT) BILL 2021 Read More »
INTRODUCTION Mr. Arjun Munda, the Minister for Tribal Affairs, introduced the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2021, in the Rajya Sabha on August 2, 2021. The Constitution (Scheduled Tribes) Order, 1950 is amended by the Bill. The President has the authority under the Constitution to designate Scheduled Tribes (STs) in various states and union …
THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) BILL, 2021 Read More »
ABSTRACT Incorporation is a legal process in order to form a company or a corporate entity. In other words, incorporation means the registration of the Company in Registrar of Company (Known as ROC). The corporation is a legal entity that separates the income and firm’s assets from its investors and owners. The Companies Act, 1956, …
ABSTRACT The Right of Private defence can be traced to natural law. It is a natural human instinct to protect oneself from any danger or harm being unlawfully caused to him. Law does not stand in the way of the natural right of self-defence of human beings. This right has been recognized in all free, …
ABSTRACT Winston Churchill defined the very essence оf demосrаtiс eleсtiоns as: “А little mаn, wаlking into а little bооth, with а little рenсil, making а little сrоss in а little bit of рарer”. The sum tоtаl of all these little сrоsses decides the fate оf the nation for the next five years. Promptly after the …
ABSTRACT The Fifth Amendment of the Constitution of India, known as The Constitution 5th Amendment Act, 1955.The 5th Amendment re-enacted the proviso to Article 3 of the Constitution. this act empowered the President to prescribe a time limit for a State Legislature to deliver its views and opinion on the proposed Central laws relating to the formation of new …
ABSTRACT Although the general theory of crime of Gottfredson and Hirschi (1990) has received more attention over the past decade than the theory of social control of Hirschi (1969), it is imperative that the latter theory not be ignored. Social control theory asserts that delinquency occurs when the link between individuals and society is weakened …
Abstract Abuse of any kind and to anyone in the world is a threat to the human being and it becomes a shame on society when abuse is being done to elder people. The stage of being elder is the phase that is being respected in every part of the world. But as the world …
comparative Analysis on Elder Abuse Laws in India & Other Countries Read More »
‘HUMAN RIGHTS’ are the most basic rights available to an individual in the world. These are the freedoms that are defined and protected by various legislations, are applicable everywhere and cannot be taken away from anyone, although it can be restricted by law sometimes. They play an indispensable role in protecting the rights of an …
HUMAN RIGHTS LAW: A CONTEMPORARY ANALYSIS INTRODUCTION Read More »
An Analysis Of The Narcotic Drugs And Psychotropic Substances, Act (NDPS), 1985 INTRODUCTION Let us look at two quotes. “Drugs are the enemies of ambition and hope- and when we fight against drugs we are fighting for the future”. -Bob Riley “The estimated prevalence of opium use in India is considerably higher than the global …
About the Organizers IMS Noida, established in 1998, is a premier institute known for its academic excellence and value-based education. It serves to both fresh graduates seeking world-class education and also to those who are already employed and want to enhance their managerial skills. IMS also has collaborations with several Universities overseas and seeks to …
ABSTRACT Death Penalty- Also known as “Capital Punishment”. Death Penalty is one of the highest rated level of punishment in today’s society for maintaining the law and order in the society8. Death Penalty means giving a Death sentence to a person who has had committed a crime or a heinous offence. Precisely, it can be …
ABSTRACT Whoever, with the end goal of misuse, initiates, transports, harbours, moves, or gets, an individual or people, by utilizing dangers, or utilizing power, or some other type of intimidation, or by snatching, or by rehearsing extortion, or trickery, or by maltreatment of force, or by actuation, including the giving or getting of instalments or …
Education, Employment and Empowerment of the Rescued Women of Trafficking Read More »
A nation that destroys its soils destroys itself. Forests are the lungs of our land, that purifying the air and giving fresh strength to our people. Forests play an important role in our life. They facilitate us various resources like raw material, oxygen and many more. But humans are cutting the forests at a large …
Abstract: Travis Hirschi brought the Social Bond Theory, all the more hence known as the Social Control Theory, to criminal science in 1969. (Pratt, Gau and Franklin, 2011). Hirschi dismissed more seasoned speculations like the Strain Theory and the Differential Association Theory, the two of which held that criminal conduct might be learned or created …
Abstract In a developing country such as India, forensic psychology has a lengthy history. It has been acknowledged for three decades as an applied discipline of psychology for crime detection, intervention, and rehabilitation of crime victims. Over the last three decades, technological improvements have transformed the criminal’s perspective, necessitating sophistication and innovation in technology creation for crime …
Abstract Often tasks assigned to you during your internship can trigger you to scrutinize and to know more about something. To elaborate and analyze the idea of this article we shall look into the development of the principles and rules of insanity or unsoundness of mind in English law and its influence on laws in …
ABSTRACT “There are cyber threats out there, this is a dangerous world, and we have to be safe, we have to be secure no matter the cost.”Cyberbullying and Online harassment is becoming a common crime in India. It has risen significantly in India over the last decade. It directly affects the mental health of the …
HARASSMENT AND BULLYING ON SOCIAL MEDIA AND ROLE OF CYBERCRIME DEPARTMENT IN INDIA Read More »
Abstract This research explores the implications of incorrect assumptions and inaccurate assumptions about nonverbal behaviour in courtrooms. We explore how to differentiate factual assumptions from scientific knowledge regarding nonverbal communication, include a summary of core principles in nonverbal communication research (i.e., expressions, facial movements, and eye gaze), describe the impact of culture when understanding nonverbal …
Reading Non-verbal cues- Essential Skill of Courtroom Proceedings Read More »
THE HEALTH CARE CRISIS AND ITS EFFECT ON RIGHT TO LIFE ABSTRACT “Healthcare Infra AT The Stage Of Imminent Collapse”: Delhi High Court Directs Govt. To State Beds, Oxygen Availability On AffidavitIndia along side many countries faced corona but the immense negligence of the authorities towards right to life remained apologetic. This is the state …
INDIA’S HEALTH CARE SYSTEM: FINAL NAIL IN THE COFFIN Read More »
ABSTRACT “Criminal justice is the administration of punishment to people who have committed a crime.” The criminal justice system is a series of federal agencies and organizations. The aims of the criminal justice system include judicial punishment, the reduction of potential offences and the delivery of psychological assistance to offenders. Police, judges, and defense attorneys, …
Abstract Right to Privacy is considered as a fundamental human right the world over. Privacy is a person’s will to keep to himself information that he doesn’t want to share, including that related to body, property, location etc. It is a person’s willingness to be free from unwarranted interference. While it is imperative to have …
Abstract We derive what we refer to as law from a variety of sources whether it be legislations, customs or precedents. Because of increased globalization, international treaties and agreements are now also being used to make legislation. Despite these new innovations in lawmaking, one cannot forget the significance of judicial decisions in this process. As …
Judicial Decisions and Precedents as A Modern Approach of Law: An Analysis Read More »
Abstract Rhetoric is a figure of speech used for the primary purpose of persuasion. It may be used by politicians in a public speech about their agenda, by two individuals talking about the upcoming election, as well as by a journalist in a newspaper report. In this paper, I shall examine rhetoric as a way …
Abstract On 31st January 2020 the World Health Organization declared the outbreak of a new coronavirus disease, COVID-19, to be a Public Health Emergency of International Concern and In March 2020, WHO made the assessment that COVID-19, can be characterized as a pandemic. Various international organizations and governments are taking required actions to prevent the …
Abstract The appointment of Justice Sanjeev Khanna to the Supreme Court on January 10, 2019 revived the long-drawn controversy around the collegium system used for appointing senior judges. As reported, the elevation of Justice Khanna had surpassed 32 judges who were more senior to him. It is an age-old convention to give priority to senior …
Abstract The Indian Judicial system is plagued by delays. The cases in India go on for years together which lead to delayed Justice. This paper will try to find solutions to the problem of Judicial Delay the easiest being the use of ADR. This paper will elucidate the importance and use of different types of …
ABSTRACT The authors have attempted to discuss a perpetually existing issue of company law. This title of the research paper encapsulates its essence. The commencement of the Limited Liability Partnership Act in 2008 led to a new phase in the Indian corporate sector. As the Limited Liability Partnership (hereinafter ‘LLP’) model gained popularity, many compared …
(AIR 898 SC 1979)DOCTRINE OF REPUGNANCY CASE ABSTRACT The present writ petition has been filed to seek necessary guidelines and notification from court and judiciary system on doctrine of repugnancy; which deals when there is any conflict between the laws of Centre and State. According to black law dictionary repugnancy is thre condition when there …
INTRODUCTION: Forced conversion is an attempt to change a person’s religion forcefully or through coercion. Our country India needs to make some strict laws to stop these types of malpractices. It’s much important to improve the religious safety of the people as they are the foremost pillars of the nation. As it is happening all …
“Advertising is the art of convincing people to spend money they don’t have for something they don’t need” – Will Rogers ABSTRACT: Advertising in this present Era of the digitalized world has played a very crucial role in growing the outreach of a product to a larger target audience for many organizations. Advertisements and consumer …
ADVERTISING – A TOOL FOR MARKETING, OR MISLEADING Read More »
w.e.f. from 24th December, 1971 Introduction: The presiding Judge or judicial officer in a Courtroom is called “His/Her Lordship” or “Your Honour”. If any of us have wondered why advocates address them so, they do not mean to please the judge so as to obtain a ruling in their favour. The judge and the advocate …
DECIDED ON: OCTOBER 10, 1972.BENCH: Justice Gurdev Singh, Justice D.K Mahajan, Justice P.C Pandit, Justice H.R Soni, Justice Bal Raj Tuli. INTRODUCTION: In law of torts, the concept of vicarious liability is quintessential in the ascertainment of tortious liability. Here, liability is imposed because of a special relationship. The term ‘Vicarious Liability’ has been derived …
BAXI AMRIK SINGH V. UNION OF INDIA, (1972) 75 PLR. 1 Read More »
INTRODUCTION Before we delve into the concept of morality in the law of tort, let us understand- What a tort is What morality is Law of Tort As per the definition of Winfield – “Tortious Liability arises from the breach of duty which is primarily fixed by the law: this duty is towards persons generally …
INTRODUCTION The literal meaning of the term custody is, protective care or guardianship of someone. The broad question here dealt with is when a married couple having a child decides to dissolve the marriage due to whatever reason, through divorce proceedings or judicial separation, with whom the child will reside. While giving custodial rights the …
Brief History: India is a land of diversity. Its plurality is marked by vivid cultures, traditions and customs that are hallmarks of various religions. Since time immemorial, India has harbored different religions and their subsequent diversities, thus emerging as a beacon of tolerance, democracy and secularism. However, the religious boil took its toll during the …
What is the Act about? The Juvenile Justice Act is a branch of criminal law that applies to people who are too young to be held accountable for their actions. Since children are seen as the most valuable asset, there is a pressing need to address juvenile justice. The Juvenile Justice (Care and Protection of …
CRITICAL ANALYSIS ON JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 Read More »
INTRODUCTION In this globalisation modern period, people are moving forward to adopt a digitalization structure. From Departmental store to E-Mart, Library to E-Library, class to Online meeting platforms and so on, all this is possible only with the efficient and effective use of digitalization world. Covid-19 showed the importance of digitalization as one way to …
ABSTRACT To effectively address heinous crimes such as sexual abuse and sexual child exploitation through less obscure and more stringent legal provisions. The Protection of Child from Sexual Offence (POCSO) Act, 2012 introduced by The Ministry of women and child development. Chapter 1 talks about preliminary, it also includes various definitions, chapter 2 talks about …
THE PROTECTION OF CHILD FROM SEXUAL OFFENCES ACT, 2021 Read More »
INTRODUCTION At the end of day, the goals are simple: safety and security, well said………Jodi Rell. A secured country develops faster and ensures the safety of the people of the nation. This article basically deals with the Security laws which are enforced by the Parliament of India. The Armed Forces Special Powers Act, 1958 was …
INTRODUCTION By the Medical Termination of Pregnancy Act (MTP), 1971, a woman is entitled to determine whether her pregnancy is to proceed or to cease. It is a liberal regulation that allows licensed physicians to stop pregnancy for social and sociomedical purposes and the mother’s potential hazards. Women were spared “inflicted conception” and “forced maternity.” …
MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021: A COMPARITIVE STUDY Read More »
Article 21 of the Constitution of India bestows upon every individual the right to live with dignity and the right to be treated with basic human decency. Even the ostracised sections of the society consisting of prisoners, terrorists, insolvent persons and alike whom the society may despise, possess the right to life. No member of …
A LEGAL APPROACH TO COMBAT THE GRAVE ADVERSITY OF HONOUR KILLING IN INDIA Read More »
Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr THE SUPREME COURT OF INDIA [DECIDED ON 13 May, 2011] CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS.1174-1178_OF 2011 [Arising out of SLP((Criminal) Nos. 3865-69 of 2011] Bench: Markandey Katju, Gyan Sudha Misra CASE DESCRIPTION: In this case the supreme court held fake encounter as the …
Prakash Kadam & Etc. Etc vs Ramprasad Vishwanath Gupta & Anr Read More »
INTRODUCTION The case is a Writ Petition (Criminal) 1387 of 1982. The case of Rudal Shah vs State of Bihar emphasised on the interpretation of Article 32 of the Indian Constitution. It focused on the concept whether compensation can be provided to the victim party during the violation of Fundamental Rights. BRIEF FACTS OF THE …
RUDAL SHAH VS STATE OF BIHAR 1983 AIR 1086: (1983) 4 SCC 141 Read More »
In Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass (Dead) by LR Ram Niwas, the Court held that Section 92 of the CPC applies suits against a trust either for the evacuation of a trustee, arrangement of another trustee, or vesting any property and not for suits where the trust is the …
Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass Read More »
Introduction: Child custody is a very important issue. If a marriage ends up in the way of divorce, the most vital question is, who shall be getting the custody of the child? The parties in this case are mother and father. While rendering this decision, the law keeps in mind the welfare of the child …
(Civil appeal no.4168 of 2003) 2006 (1) UJ 156 (SC) [FB] Facts: The state of Maharashtra through its irrigation department handed over the civil work of stage IV of Koyna Hydroelectric Project to Respondent no.1. For the purpose of the same, respondent no.1 entered into a sub-contract with petitioner. While entering into the contract an …
Justice Nuthalapati Venkata Ramana was on Saturday sworn in as the 48th chief justice of India (CJI) by president Ram Nath Kovind. He will hold up the post for 16 months, until August 26, 2022.Outgoing CJI Sharad Arvind Bobde, who got retired on April 23, recommended Justice Ramana’s name as his preferred successor, which the …
INTERESTING ELEMENTS:- COURT : Supreme Court of India JURISDICTION : Civil Original Jurisdiction CASE NO : Civil Appeal No. 91 OF 2015 BENCH : M.Y. Eqbal, C. Nagappan APPELLANT : Reserve Bank Of India RESPONDENTS : Jayantilal N. Mistry DECIDED ON : 16 December 2015 INTRODUCTION:- This decision’s backbone resides in the provisions of the Right …
An article on how media trails having a great impact in the society and on the decision of judiciary in India. INTRODUCTION:- To comprehend the idea of media trails we must first consider what a media is. When we look into the actual meaning of media, it is observed that media is the plural form …
INTERESTING ELEMENTS:- COURT : High Court of New Delhi JURISDICTION : Civil Original Jurisdiction CASE NO : W.P.(C) No.3163/2010 BENCH : RAJIV SAHAI ENDLAW, J. PETITIONER : Vibhor Anand & Ors. RESPONDENTS : Vice-Chancellor, Guru Gobind Indraprastha University & Ors DECIDED ON : 07th December 2010. INTRODUCTION:- The Bar Council of India is the legislative …
VIBHOR ANAND & Ors. V. VICE-CHANCELLOR,GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY Read More »
BACKGROUND The Act is a Central Act, which came into force on April 1, 2001, throughout the country. It is based on (i) provisions of the Indian Constitution; (ii) United Nations Convention on Rights of the Child, 1989; (iii) United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985(Beijing rules); (iv) United Nations …
INTRODUCTION:- Although all evidence is present against the State or one of its members in an especially disadvantageous situation, the Sovereign Immunity will save them all. Few nations give their government sovereign immunity, although others treat it differently. Per nation has a different sovereign immunity scheme. Let’s first understand the word sovereign immunity to understand …
W. N. Allal Sundaram vs The Commissioner H.R. & C.E. Admn. Department & Ors Appellant – W. N. Allal Sundaram Respondent – The Commissioner H.R. & C.E. Admn. Department & Ors Bench – Dr Dhananjaya Y Chandrachud, J Facts • The applicant’s case is that trust in the Sri Swamiya Dhamodara Perumal Temple is not …
INTRODUCTION We hear about ‘Honour Killings’ in our day-to-day life. In fact, it is one of the most pressing issues of our times. At a time when people are locked up inside their homes and are fighting an unpredictable war against the Pandemic, Honour killing cases do not seem to seize. Even after various efforts …