The procedure for the enforcement of foreign judgments and decrees in India is laid down in The Indian Code of Civil Procedure (CPC). The basic principle to be followed while enforcing a foreign judgment or decree in India is- To ensure that the judgment or decree is a conclusive one, passed on the merits of the case andBy a... Continue Reading →
In RE: Bruno
"We feel that this would be a fitting tribute to the hapless dog that succumbed to acts of human cruelty, and disturbed by which incident we had initiated these proceedings,” said the Kerala High Court on 2nd July 2020 in an attempt to provide justice and some closure to the good boy Bruno, now in... Continue Reading →
Legal recognition of single motherhood in India.
Through ABC v. The State (NCT of Delhi), the Hon’ble Supreme Court came to the rescue of unmarried mothers. In the progressive judgment, the court stated that an unwed mother was allowed to apply for sole guardianship of her child without having to send ‘the mandatory notice’ to the uninvolved father. Moreover, she may not... Continue Reading →
Doctrine of basic structure.
Introduction In accordance with the Constitution of India, the Parliament and the state legislatures in the nation have the powers to make laws within the scope of their specified jurisdictions. But this power, however, is not absolute in nature. The Constitution provides the judiciary with powers to adjudicate upon the constitutional validity of all the... Continue Reading →
Irretrievable breakdown of marriage.
Marriage is considered a sacrament under the Hindu Law that extends beyond life and is indissoluble. Marriages have been codified by the Parliament under the Hindu Marriage Act 1955. Hindu Law strictly follows Monogamy. Before the enactment of the Hindu Marriage Act 1955, divorce was not recognized as a means to put an end to... Continue Reading →
Doctrine of repugnancy.
Repugnancy means any inconsistency or contradiction between two or more parts of a legal instrument. Inconsistency is bound to happen especially in the system where the law making power has been divided between the center and the state, just like in our country. To tackle these situations the doctrine of repugnancy was introduced. Meaning Article... Continue Reading →
Back door marriage in the UK.
Some remote villages in India are still known to perform child marriage even to this date. Child marriage has always been linked to India and other developing countries. Little did we know that the country known for ruling India in the past has been dealing with the same issue to which light has been brought... Continue Reading →
Case analysis: Google LLC v. Oracle America Inc.
U.S. Supreme Court decides that Google’s copying of 11,500 lines of code from Oracle’s Java SE program comprised reasonable use. Oracle Corp. filed suit against Google Inc. in 2010. It said that Google’s Android software for mobile devices were infringing Java copyrights that belonged to Oracle which it acquired while buying Sun Microsystems Inc. Google... Continue Reading →
Need for Devolution of Adjudicatory Authority on Administration.
Administrative Law in India. Administrative law in India regulates administrative actions by keeping control of delegated legislation and putting administrative discretionary actions through judicial review. It also provides for the constitution and making of tribunals along with their composition. Delegated Legislation When the functions of Legislature is trusted upon organs separate from the legislature, by... Continue Reading →
Writ jurisdiction and private sector.
Indian citizens, under part-III of the Indian constitution are guaranteed certain fundamental rights, some of which are absolute in nature. Violation of any kind to these rights is intolerable. Citizens are provided with an option of filing a writ petition before the high court under article- 226 and in the Supreme court under article-32. This... Continue Reading →
Will Shabnam be the first woman to be hanged in independent India?
There are seasoned criminals in India but we rarely hear anyone getting a death sentence so frequently let alone that be a woman. Here are few facts about female hanging in India-: There are 12 women on death row, according to a 2016 report on the death penalty in India released by national law university.There... Continue Reading →
Misogny in india
Women face harassment and discrimination all over the world. Being a woman in India is not easy at all. The deep-rooted misogyny that runs in the veins of so many people is like a parasite that eats their brains and is a barrier to our country’s road to success. The most haunting part is that... Continue Reading →
Joyita Mondal- The first transgender judge of our country.
We live in a country where judgments are fast and harassment is common. What pains me the most is the fact that our eyes have become so blind that we blatantly ignore the everyday plight of the weaker communities, may they be transgenders, lgbtqi+, tribal people, or other marginalized communities. Discrimination is so common in... Continue Reading →
Role of psychology in understanding crime in India: an analysis
ABSTRACT For committing a criminal offense mens rea is generally taken to be an essential element of crime but what often gets lost between the commission of a crime and finding and charging the guilty is what brought him to commit this crime, and here I not only talk about the events that led to... Continue Reading →
Live in relationships- legal or illegal in India?
Relationship is an umbrella term. It means different things under different circumstances, it can be with different people, it can be formal or casual, it can be with places and things. Understanding relationships is difficult, there are layers to it. Some have depth, some are shallow, some are complicated, some are easy and simple. Indian... Continue Reading →
Grey divorce- It’s time to end the stigma.
“It’s normal for love to go through phases and it’s also normal for love to leave a relationship” While all eyes were on how the enormous wealth would be distributed or whether there is a scandal between the couple, a love affair, fights, etc., the Bill and Melinda divorce also shed the light on a... Continue Reading →
Lakshwadeep- A paradise being being torn apart.
The beautiful and peaceful islands of Lakshwadeep have chaos at their doorstep. First, it was the onset of covid, the epidemic which the islands were free of till late 2020, and the simultaneous deaths associated with it and now it is the protests and general disagreement of the residents there. The locals are blaming the... Continue Reading →
Is your privacy actually private?
Technology has helped to develop the world at things we could not have fathomed a few years ago. People can connect with anyone in the world at any time, send message, view pictures and this is just some of the basic uses of the internet and technology. Technology is the backbone of almost all of... Continue Reading →
E courts: online dispute resolution and its future.
Introduction For a country like India modernization is very important in every possible field and work, the same applies to legal and judicial system as well. The modernization of the judiciary and the process of its working has been well underway from the past several years but it can be said that it was the... Continue Reading →
Justice Venkatesh – a Judge who went an extra mile for the Pride Community
What was the first thing that came to your mind when you heard about the words same-sex relationship or gay or lesbian? If I am to deduce, you were as confused as I was when I first heard about it. Some people want to learn more about it, some people disgust it, for some jury... Continue Reading →