Criminologist Paul Tappan defines crime as “an intentional act or omission in violation of criminal law …, committed without defence or justification, and sanctioned by the state as a felony or misdemeanour.” It is an act punished by the state and is harmful to other persons of society. There are four elements of the crime... Continue Reading →
Reasonable classification under article 14
Article 14 of the constitution guarantees the right to equality to every citizen of India with the general principles of equality before the law and prohibits unreasonable discrimination between persons. Article 14 guarantees the idea of equality present in the preamble by declaring that ‘the State shall not deny to any person equality before the... Continue Reading →
Volenti Non Fit Injuria
f any person commits any act, which causes injury to another person under the law of tort, then he is held liable and has to pay damages to the other person but sometimes a person suffering didn’t receive damages because the other party takes the defence of volenti non-fit injuria. In this case, a person... Continue Reading →
Writ petitions
Part III of the Indian constitution provides different rights to its citizen including the right to equality, right to freedom, right to freedom of religion etc. but is providing the rights re enough they must have been protected. To protect these rights provides us with Article 32 and Article 226 to provide remedies and enforcement... Continue Reading →
Polluter pay Principle
There are many laws made in order to protect the environment in which one of the most important is The Polluter Pays Principle. It was first introduced in 1972 by the Organization for Economic Cooperation and Development (OECD) which is concerned about the International Economic Aspects of Environmental policies. Under this principle, the polluter was... Continue Reading →
Act of God
An act of God is a defense used in cases of torts on an event which the defendant has no control over occurs and the damage is caused by the event is due to the forces of nature. According to Salmond, an act of God includes those acts which a man cannot avoid by taking... Continue Reading →
Article 15
Article 15 of the Indian Constitution prohibits discrimination against any person on the grounds of religion, race, caste, sex, or place of birth. Discrimination is when a person is distinguished or treated differentially or in a less favorable manner to another person under similar circumstances but discrimination can be made under some circumstances such as... Continue Reading →
HIBA
Under Muslim law, A Muslim is not allowed to give away his whole property in his lifetime but he is allowed to give only one-third of his property through a will. So, the best way to transfer property is through the gift which in terms of police law called Hiba. The Gift called Hiba transfer... Continue Reading →
Muslim Marriage
Muslim law has derived from various ancient as well as modern sources which are codified and uncodified both like- Quran, Ijma, Qiyas, customs, urf, precedents, equity and various other legislations. Just like Hinduism, Islam has also given different types of marriage but, the Muslim concept of marriage differs from the Hindu conceptThe general essentials of... Continue Reading →
Bail is a rule, jail is an exception
In-State of Rajasthan v. Balchand alias Baliya, The Supreme Court held the legal principle of ‘Bail is a rule, jail is an exception'. The judgment is based upon safeguarding fundamental rights guaranteed under Article 21. Basically, the purpose of detention is to make police investigation easy and avoid unnecessary delay in the case by making... Continue Reading →
Preamble of Indian Constitution
A preamble is basically an introduction to the document that explains its objectives. The ideals of the Preamble of the Indian Constitution is laid down by Jawaharlal Nehru’s Objective Resolution, adopted by the constitution assembly on January 22, 1947. The date mentioned in the preamble was when it was adopted on November 26, 1949. The... Continue Reading →
Fantasy sports
In the modern era, technology has become one of our best friends as it gives all the things in the world in our hands. It makes things easier and also helps in developing our business. These days one of the trending yet controversial topics bout technology is Fantasy sports. It is basically a prediction game... Continue Reading →
Free consent under Contract Law
The Indian Contract Act 1872 defines a contract as “An agreement which is enforceable by law is a contract”. Because it is enforceable for law so it requires certain conditions to be formed between the parties one of the important essentials is consent. Parties entering into the contract must want the same thing in the... Continue Reading →
Climate change and climatic laws
Article 21 of the Indian Constitution gives us the right to live in a safe and non-polluted environment as the welfare of each element of climate is the welfare of each member of the society because the survival of us depends upon the survival of earth. India is one of the most vulnerable countries to... Continue Reading →
The arrest of women in India
Criminal laws in India are highly concerned with the safety, welfare and security of women such laws laid down various provisions that protect the women from several authorities of criminal nature. However, it is clear that the culprit does not resort to any particular class. An offender may be of any class, creed, race, sex... Continue Reading →
CINEMATOGRAPHY (AMENDMENT) BILL,2021
The central government come with the new draft of the bill called the chromatography amendment bill,2021, for the purpose of amending the cinematography act,1952. It gives the center the power to review the film project after the certification of the Central Board of Film Certification (CBFC) is done. It gives the government certain powers such... Continue Reading →
Right to die, right or not
Article 21 of the Indian constitution says that ‘no person shall be deprived of his life or personal liberty except according to procedure established by law’ i.e. it is the responsibility of state to protect and ensure good quality of life to its people. Right to life is interpreted in various presidents as it includes... Continue Reading →
Advocate protection bill 2021
When the security of an attorney is jeopardized as the result of their work, then the government must take certain steps to protect its soldiers with this thought a seven-member team was formed to issue The Advocate Protection Bill on July 2, 2021, to tackle the difficulties faced by the attorney and remove all the... Continue Reading →
Difference between Culpable homicide and murder
Section 299 IPC defines the term Culpable homicide and Section 300 IPC defines the term Murder, and there is a thin line between both of them which causes confusion and problems among law students, advocates, legal practitioners According to Section 299 of IPC, Culpable homicide is defined as, Whoever causes death by doing an act... Continue Reading →
Right to privacy
Article 21 of the Indian constitution has a wide scope as it states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law. “Which means every person has a right to live their life in the way he sees fit in which privacy plays an... Continue Reading →