Blogs
A Review Of The Unlawful Activities (Prevention) Amendment Act, 2019
May 26, 2020 • Architi Batra
The article analyzes the 2019 Amendment of the Unlawful Activities Prevention Act (UAPA), 1967.
HUMAN RIGHTS OF INDIGENOUS PEOPLE
May 26, 2020 • Apurva Bhutani
Indigenous people are usually threatened regarding their sovereignty and also their human rights come into question because of the style of life they choose to have. However there are several international conventions which facilitate as well as safeguard their human rights.
Misuse Of Section 498A, Indian Penal Code,1860
May 26, 2020 • Architi Batra
India is a secular country; each state does not have a particular religion. There are many religious and cultural practices that are followed in India. One of the most prevalent practices is dowry.
Traditionally, dowry customs were an act of love as parents would gift their daughter with a dowry when she entered marriage. These gifts range from money to real estate and entitled a woman to be a full member of the husband’s family, allowing her to enter the marital home with her own wealth. It was seen as a substitute for an inheritance, offering some security to the wife and was a gift from her family. Soon this system became a problem for the ladies in the family, in-laws and the husband started becoming greedier and harassed the girl for more and more gifts from her native family. For the protection of women parliament enacted a provision in the Indian penal code,1860 under section 498-A. By filing a case against her husband and her in-laws and find the benefits of the support payment and different remuneration. This section has a pitfall in the present scenario as women use this as a tool to receive money from the husband and harassing him. Misuse of dowry laws is not a present situation. many judicial pronouncements have been responsible for the misuse of this section. In the practical scenario, women whether well educated or not harass their husbands to approach to court or police to send them behind the bars due to such pressures many of the husbands have committed suicide, for no reason. Women also commit cruelty against the men to receive remittance.
Broadly Speaking: ROLE OF COURTS IN ARBITRATION
May 26, 2020 • Apurva Bhutani
Arbitration means to settle disputes outside the court. Arbitration is a form of alternative dispute resolution. The court has the power to supervise and implement the arbitration process so as to ensure that the parties in the arbitration process perform their obligations
Reviewing Force Majeure Clauses And Its Impact During The Outbreak Of Coronavirus
May 26, 2020 • Architi Batra
The article delves into the meaning and important features of the force majeure event and how it can be invoked by various entities during the outbreak of Coronavirus.
Drone Regulations in India
May 23, 2020 • Madhav Gawri
Basic understanding of Law: Sedition
May 21, 2020 • Apurva Bhutani
The provision of the law of sedition is based on the principle that every state has to be armed with a power to punish those who by their conduct put in situation of danger the safety of state and its stability or disseminate a feeling of disloyalty.
MARITAL RAPE
May 21, 2020 • Apurva Bhutani
Marital rape is not a criminal offence in India. Though, it is not a criminal offence there have been some legal developments on the national and international levels so that the society as a whole is made safer for women.
OVERVIEW: UNDERSTANDING THE CO-OPERATIVE BANKING SYSTEM
May 18, 2020 • anshu sharma
In today’s era, with expansion of financial banking opportunities to both urban and rural areas by Co-operative Banks, there has been a positive development of the economy. Co-operative Banks along with the aid and guidance of SARFAESI Act, 2002 has paved a great way for the rapid growth and development of the Indian economy. Thus this paper aims to throw light on the role and importance of Co-operative Banks and SARFAESI Act, 2002 in the Indian economy.
Case brief: Gift Deed Is Not Invalid Merely Because It Was Registered after Donor's Death - Dinabandhu Mondal & Ors V. Laxmi Rani Mondal & Ors
May 18, 2020 • anshu sharma
This article deals with the case study of Dinabandhu Mondal & Ors v. Laxmi Rani Mondal & Ors it deals with the validity of the gift deed, which was challenged as it was registered subsequent death of the donor. By referring section 122 read with section 17 of Registration Act and section 123 of Transfer of Property Act Calcutta High Court beautifully solve the case.
Public Trust Doctrine
May 18, 2020 • anshu sharma
The concept of ownership has always been very fickle as it either brings people together or turns them against each other. And when the question of the ownership of natural resources comes into light it brings along a great amount of conflict and dispute. But what is essential to understand is that earth is our mother and every human on earth is entitled to equally enjoy all the gifts of nature and is equally entrusted with the duty to protect it. Thus in order to resolve these conflicts and maintain a balance in the society, the common law concept of Public Trust Doctrine comes into picture. This paper aims to highlight how this doctrine forms the foundation of the Indian Judiciary along with its purpose and objective.
Guardianship under Hindu Law
May 18, 2020 • anshu sharma
The concept of guardianship established through courts of British. Hindu Minority and Guardianship Act (HMGA) deals with guardianship of Hindu minor persons or things.
An Overview Of the evolution of Police System
May 16, 2020 • Architi Batra
The word “police” is derived from the Greek word, “Politeia” and its Latin equivalent is “politia”. The Latin “politia” connotes the word “State” or “Administration”. In this sense, the term “police” means a civil servant body working for the welfare of the common people in a manner to preserve the order, prevention, and detection of crimes and enforce the law. A state, when it feels necessary that some portions of natural justice at the beginning of Human Civilization, human beings fought with each other for food, shelter, and existence. Administration of Justice is one of the firmest pillar of the Government and the state. The law and order in the state are maintained through the administration of Justice. The citizens were made to realize the existence as well as the importance of the state. The state itself defines the rights and duties of the citizens. It protects rights and enforces the duties. Administration of Justice implies the essential function of the state of maintaining rights and redressing wrongs. The former is through the administration of civil justice while the latter through the administration of criminal justice. Besides the offenses provided in the Penal Code of various countries, several new offenses have emerged in the efflux of change. Organized crimes like Terrorism, White Collar Crimes, Cyber Crimes, Land Grabbing are relatively a new phenomenon of modern societies and are getting multiplied at an alarming rate.
SUPREMACY OF THE INFORMATION TECHNOLOGY ACT, 2000?
May 15, 2020 • Madhav Gawri
Section 81 of the Information Technology Act, 2000, is one of the essential parts of this legislation because it gives power to Information Technology Act an over ridding effect on any other law, which may be contrary to the provisions of this law. It lays down that if any other law has a provision that conflicts with the Information Technology Act (hereinafter referred to as the I.T. Act), the act shall prevail. Along with the main provision, there is a proviso, which says that if the I.T. Act is contrary to the provisions of the Copyright Act and Patent Act, then the latter acts should prevail.
Vishakhapatnam Gas Leak: Learning from History ?
May 9, 2020 • Madhav Gawri
Citizen – The Most Important Title Of New India
May 9, 2020 • Architi Batra
This paper titled 'Citizen – The Most Important Title Of New India' kingpins the foundational stone of building a new India by calling attention to the role of citizen duties.
International Approach To Transgender Laws
May 9, 2020 • Architi Batra
BOIS LOCKER ROOM: A PATHWAY OF DIGGING ITS OWN GRAVE
May 7, 2020 • Mayank Arya
An Instagram chat group called "bois locker room" was the top trending hashtag on Twitter India on 5th May, with many tweets using screenshots from the group to highlight derogatory comments made about women and trivialising sexual assault. This article throws light on the said incident.
Palghar resurfacing the concerns over Mob-lynching
May 5, 2020 • Apurva Bhutani
Mob lynching has become a common issue in India. Mob lynching is a form of violence in which a group of people without any legal approval put a person to death. India is witnessing many cases related to lynching because of religion, race, caste, politics, etc. Lynching is not defined under Indian Judicial System. The Constitution of India and Human Rights has conferred various protection to its citizen. Through this article the author tried to explain the causes and the need of new laws on lynching in India.
ANIMAL RIGHTS & PROTECTION IN INDIA
May 5, 2020 • Apurva Bhutani
Animals are an essential part of the environment. It must be the duty of every citizen to safeguard the rights of the animals. These rights are known as "Animal Liberation", which means that the basic interest of animals should be equally treated as of human beings. But in recent times due to increasing population, business and urbanization animal have become an easy target of human greed. Innocent animals are killed for satisfying human needs, these needs include use of animal skin for manufacturing leather, for eating purpose, etc. Through this article the researcher tries to explain the rights of the animals and also, it will help you to know about various laws which came into force for safeguarding the animals.