Parenting and Law
Background Declaring a state of emergency is a very serious matter. It violates the normal structure of the Constitution and affects the rights of the people; therefore, such a declaration should only be made under special circumstances, not just to keep an unpopular government in power. This happened in June 1975, when a state of... Continue Reading →
The concept of live-in relationships is not new in India, but the only difference is that people now talk about it publicly. A live-in relationship or cohabitation is an arrangement where two people do not get married but live together, often entering into a romantic or sexual relationship on a long-term or permanent basis. In... Continue Reading →
Sexual offences and the Indian Criminal Law: Sexual offences can be classified into four categories as rape, molestation, forced prostitution, female genital mutilations, etc. In regard with the sections i.e. section 294, 354, 354A, 354B, 354C, 354D, 375, 376, 376A, 376B, 376C, 376D. However, according to the Criminal Law, the changing control of Sexual crimes,... Continue Reading →
Corporate Law is a study of legal and external affair matters, Mergers and Acquisitions (M&A) and how shareholders, stakeholders, consumers and other parties involved in transaction interact with each other internally through corporate governance and externally through commercial transaction. In India, under the Companies Act 1956, which was the very first enacted post independence to... Continue Reading →
Often during a transaction, the parties involved have a clash of viewpoints, which may result in delayed performance, termination of agreement, etc. There are certain cases where no amount of compensation or any other legal remedy can mitigate losses of the suffering party. In order to ensure specific relief or enforcement of civil rights to... Continue Reading →
RELATION BETWEEN PARTNERS, ON ONE HAND AND THIRD PARTIES, ON THE OTHER Section 18 of the Indian Partnership Act, 1932, contains the principal on which the relation between partners on one hand and third parties on the other, is founded. According to this concerned section, for the business of the firm, a partner is an... Continue Reading →
‘Res Ipsa Loquitur’ ("the thing speaks for itself") is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. This means that while plaintiffs typically have to prove that the defendant acted with a negligent state of mind, through Res... Continue Reading →
Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. This tort balances competing principles, namely freedom that every person should have in bringing criminals to justice and the need for restraining false accusations against innocent persons. Malicious prosecution is an abuse of the... Continue Reading →
A private individual, a police officer or any public authority can falsely imprison a person as well. For imprisonment it is not necessary that the person should be put behind bars, but he should be confined in such an area from where there are no possible ways of escape except the will of the person... Continue Reading →
The role of lawyers is crucial when assessing the development of corporate finance. In the field of corporate finance, the distinction between lawyers and bank investors was initially unclear. Opinions, hearing preparations, securities litigation, new securities issuance, private leveraged buyouts or public IPOs, corporate lawyers and investment bankers go hand in hand. Lawyers who lack... Continue Reading →
In 1948, while drafting the Indian Constitution, the Constituent Assembly framers took inspiration from the Americans Bill of Rights. The Americans were the first to incorporate the Bill of Rights into its Constitution, thus giving it a Constitutional Status. Following these steps, the framers of our Constitution incorporated a Chapter in the Constitution dealing with... Continue Reading →
Few weeks back, Chief Justice of India N V Ramana commented that the “colonial law” was used by the British to silence Mahatma Gandhi and Bal Gangadhar Tilak, while hearing a petition filed by Major General (retired) SG Vombatkere where he challenged the constitutional validity of the Section 124A of the IPC. According to the... Continue Reading →
According to the Britannica, “Plea bargaining, in law, the practice of negotiating an agreement between the prosecution and the defence whereby the defendant pleads guilty to a lesser offense or (in the case of multiple offenses) to one or more of the offenses charged in exchange for more lenient sentencing, recommendations, a specific sentence, or... Continue Reading →
Section 304-A of the Indian Penal Code deals with death due to negligence. This Section was not included in the Indian Penal Code in 1860, but was added later in 1870 to cover the offences which fall outside the capacity of Sec. 299 and Sec. 300. According to the section, whoever causes the death of... Continue Reading →
India is constantly known for its social, etymological and religious variety. As obvious, it is the origination of four significant religions of the world: Hinduism, Buddhism, Jainism, and Sikhism. In 1950, Constitution through 42nd Amendment Act, 1976 pronounced India as a common state which implies everybody has an option to rehearse their religion calmly. In... Continue Reading →
Today I came across a post on Instagram, where a doctor expressed his despair as he could not save a pregnant woman. He mentioned that she was trying to conceive from last 14 years! They took the assistance of every type of reproductive technology known to mankind. To said the least the woman went through... Continue Reading →
According to data from the National Crime Registry of India, India has the highest number of deaths from dowry in the world. In 2012, 8,233 people died from dowry in India, which means that one bride was cremated every 90 minutes, or the dowry problem caused 1.4 deaths within 90 minutes, i.e., 100,000 women in... Continue Reading →
“Hamare Ghar ki Izzat” On 7 April 2007, Manoj Banwala and Babli prevailing from Karoran Village, Kaithal eloped and got married. Babli’s family was against the marriage. In June 2007, the said couple was brutally murdered by Babli’s male relatives, which included her grandfather (Khap leader), brother, maternal and paternal uncles and two cousins. The... Continue Reading →
Marriage is considered a universal social system and an inseparable part of mankind. With the advent of civilization, people have discovered that the country regulates all aspects of human life, and marriage is no exception. The legalization of a marriage relationship between two people can only take place after obtaining the consent of the country’s... Continue Reading →
On 25 March 2021, the new Medical Termination of Pregnancy (Amendment) Act (MTPA 2021) came into force. India, undoubtedly made history by amending the Medical Termination of Pregnancy (MTP) Act 1971. It was approved on 16th of March. The law in general stipulates when and how the pregnancy should be terminated. The drafted law extends... Continue Reading →
Aishwarya Sandeep 