INDUSTRIAL DISPUTES ACT, 1947

Introduction   Trade Disputes Act, 1929 was unable to settle the all kinds of industrial disputes so the there is a need for appropriate legislation which able to short out all matters which are connected with industry. The Industrial Dispute Act, 1947 has been passed. It extend to the whole of India and came into force... Continue Reading →

OSTENSIBLE OWNER

The Transfer of Property Act, 1882, was passed with the purpose of making transfer of property easier and makes it accessible to the population at large. This Act lays down certain general principles as to transfer of property which has to be followed. Transfer of a property by an ostensible owner is such a concept... Continue Reading →

CONCEPT OF INTERNATIONAL LAW BY HUGO GROTIOUS

INTRODUCTION International Law has always been a controversial area as to whether it can be considered as a law or not. Different scholars and philosophers have distinct perspectives and theories on international law. Some prominent thinkers such as Thomas Hobbes and Jeremy Bentham believe that since international law is not binding and enforceable, therefore, it... Continue Reading →

CYBER CRIME AGAINST WOMEN AND ITS PREVENTION

INTRODUCTION Technology, a prominent source of information and entertainment but when it comes to its usage, it has become one of the most component reason to introduce cybercrime at this level where one can survive without food but not without internet. In today’s digital world of science and technologies man have created another world for... Continue Reading →

        STRIKES

                                                       (I)     Strike    Sec 2(q)  Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or  to accept employment;... Continue Reading →

Trade Unionism

                Trade Unionism  The germs of trade unionism  in India can be traced back to the year  1890 , when for the first time  an association for Mills worker was framed in the name of  Bombay Mills hands Association . This association was formed for the redressal   of grievances of the Bombay Mills Workers. It... Continue Reading →

ANTI COMPETETIVE AGREEMENTS

INTRODUCTION The Competition Act, 2002 (the "Competition Act") was brought into effect in stages from 2002 to 2011. The Competition Commission of India (the "CCI") was established during this period to administer the Competition Act. The Competition Act repealed the Monopolies and Restrictive Trade Practices Act, 1969 (the "MRTP Act"), and substituted for it, a... Continue Reading →

GIST OF MOTOR VEHICLES ACT ,1988

CHAPTER – 4 REGISTRAION OF MOTOR VEHICLES INTRODUCTION The Motor Vehicles Act was passed by the Parliament in 1988 to regulate the motor vehicles on road and all aspects related to the motor vehicles and their owner. It deals with the facets of registration of vehicles, licenses, traffic regulation, offences and penalties, liabilities and insurance.... Continue Reading →

Mesne profits under the Code of Civil Procedure, 1908

Introduction The underlying principle based on which the Code of Civil Procedure, 1908 functions is ubi jus ibi remedium that signifies where there is a right, there is a remedy. The concept of mesne profits has been developed from this principle because it is the law of nature to provide the right to compensation where there has been an... Continue Reading →

Notable judgments on offences against public tranquility

Introduction  The term “public tranquility” refers to public peace, and therefore any activity carried out by a group of individuals which results in distortion of peace within the society is referred to as an offence against the public tranquility. The Indian Penal Code, 1860 identifies offences against public tranquility which lays down provisions for “offences against public... Continue Reading →

MUSLIM LAW OF SUCCESSION

SUCCESSION Introductory :- The Muslim Law of inheritance is a superstructure constructed on the foundations of pre-Islamic customary law of succession. It is based on the patriarchal organisation of the family, in which are buttressed some near cognates side by side with agnates. In Islamic law distinction between the family property and the separate property... Continue Reading →

Distinguishing order, decree and judgement under CPC, 1908

Introduction The proper understanding of Civil Procedure Code, 1908 and more specifically about the functioning of the courts is incomplete without comprehending the difference between the legal terminologies of Order, Decree, and judgement.  Order “Order” in legal parlance is any formal expression of a civil court’s decision that is not a decree. Hence, the adjudication... Continue Reading →

Well-known trademarks and their impact on prior registered trademarks in India

Introduction  Companies invest huge amounts of money in establishing their brand names and their marketing. The owners of the brand names spend large amounts of money to build on reputation and popularity to sustain in the highly competitive markets. Companies often spend enormous amounts of money on their brand name establishments and for their mark... Continue Reading →

Role of juvenile courts in controlling juvenile delinquency

Introduction A child is a person who is going to carry on what you have started. He is going to sit where you are sitting, and when you are gone, attend to those things you think are important. You may adopt all the policies you please, but how they are carried out depends on him.... Continue Reading →

Protection of IPR against unfair trade practices

Introduction The importance of IPR was deliberated on  for the first time in the ‘Paris Convention for the Protection of Industrial Property’ (1883) and the ‘Berne Convention’ for the protection of Literary and Artistic work (1886). Both treaties are administered by WIPO. India is a member of WTO (World Trade Organisation) and therefore, a party to its TRIPS... Continue Reading →

Rights of arrested Person

1.  Right to Silence The foremost one is the right to silence which states that it’s the choice of accused to stay quiet or not to say anything in his own favor or against until or unless his lawyer is consulted, or he is being presented in front of the magistrate. In India, one of... Continue Reading →

DOCTRINE OF RES GESTAE

INTRODUCTION Section 5 of the Indian Evidence Act lays down that evidence may be given of fact in issue and relevant fact described under S. 6 states: “Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the... Continue Reading →

Doctrine of Double jeopardy

The doctrine of Double jeopardy has been conceptualized in the Constitution of India under Article 20(2) which provides that no person shall be prosecuted and punished for the same offence more than once. It has been enshrined as a part of the Fundamental Right by the fathers of our Constitution under Part III.  When a... Continue Reading →

JUVENILE JUSTICE LAW IN INDIA

The Juvenile Justice System in India is structured around the Constitutional mandate prescribed in the language of Articles 15(3), 39 (e) & (f), 45 and 47, as well as several international covenants, such as the UN Convention on the Rights of the Child (CRC) and the UN Standard Minimum Rules for Administration of Juvenile Justice... Continue Reading →

CASE STUDY ON BIGAMY

Sarla Mudgal, (President, Kalyani) and Ors. Vs. Union of India ,Ors. TITLE OF THE CASE:    Sarla Mudgal, (President, Kalyani) and Ors. Vs. Union of India ,Ors. CITATION                   :      AIR 1995 SC 1531 COURT                          :      Supreme Court of India DATE DECIDED           :      10th May, 1995 APPELLANT                 :      Sarla Mudgal, President, Kalyani  and Ors. RESPONDENT              :  ... Continue Reading →

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