CHILD ADOPTION LAW IN INDIA

The permanent legal transfer of all parental rights from one person to another person or couple is called Adoption. There is no difference between the rights of adoptive parents and the biological parents and an adopted children have all of the social, legal, emotional and kinship benefits of biological children. The practice and custom of... Continue Reading →

IMPORTANCE OF FUNDAMENTAL RIGHTS IN INDIA

The vitality of fundamental rights is stated in our constitution. Part III of the constitution covers all the traditional civil and political rights enumerated in the universal declaration of human rights. Dr B R Ambedkar described them as the most citizen part of the constitution. They were considered essential to protect the liberties and rights... Continue Reading →

RIGHT OF PRIVATE DEFENCE

Everyone has a right of private defence. Right of self-defence is based upon the general maxim that “necessity knows no law” and “it is the primary duty of man to first help himself”  If a person does an act while exercising his right of private defence, his act would be no offence (Section 96). Right of private defence is... Continue Reading →

HEALTH CARE FOR PRISONERS

People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment in a closed environment. Thus keeping the individual in the custody of the state, should not, however, have a deleterious effect on him. But this is,... Continue Reading →

SALE OF GOODS ACT,1930

A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. Before the introduction of Sale of Goods Act, 1930 laws governing the sales were sections 76... Continue Reading →

IMPORTANCE OF CAPACITY TO CONTRACT

Capacity to contract means the competency to enter into a valid contract legally. The capacity to contract binds the parties of the contract with a promise to oblige by it. But only certain persons have the competency or the capacity to make a contract. This article deals with the basic components necessary for a person... Continue Reading →

BANKERS RIGHT TO ALIEN AND SET OFF

A lien is the right of a creditor in possession of goods, securities or any other assets belonging to the debtor to retain them until the debt is repaid, provided that there is no contract express or implied, to the contrary. It is a right to retain possession of specific goods or securities or other... Continue Reading →

CONSTITUTIONAL LAW

Constitutional law is the body of rules, doctrines, and practices that govern the operation of political communities. In modern times the most important political community has been the state. Modern constitutional law is the offspring of nationalism as well as of the idea that the state must protect certain fundamental rights of the individual. Constitutional law is a body of law which defines the... Continue Reading →

CAPITAL PUNISHMENT FOR RAPE

The debate on capital punishment has been running over the past so many decades, but yet nothing concrete is coming up. Many may be satisfied with the present legislation on giving of capital punishment but to many of us its still not serving the purpose that it is deemed to serve. Which as far as... Continue Reading →

TECHNOLOGY LAW

Technology law is a fast emerging area of law. It is bound to be one of the most lucrative areas of law in the years to come. With the continuous evolution of technology, many new avenues for practising law have begun to come up. Be it artificial intelligence (AI), intellectual property or data protection, all... Continue Reading →

MEDICAL TERMINATION OF PREGNANCY ACT 1971

Abortion, a subject often discussed in medico-legal circles, interims various streams of thoughts and multiple discipline, like theology, because most religions have something to say in the matter, ethics, because human conduct and its moral evaluation are the basic issues involved; medicine (in several of its sub-disciplines), because, interference with the body for a curative... Continue Reading →

WHITE COLLAR CRIME

White Collar Crimes are the crimes committed by a person of high social status and respectability during the course of his occupation. It is a crime that is committed by salaried professional workers or persons in business and that usually involves a form of financial theft or fraud. The term “White Collar Crime” was defined... Continue Reading →

RIGHT TO FAIR TRIAL

Article 6 protests the right to a fair trials. You have the right to a fair and public trial or hearing if: you are charged with a criminal offence and have to go to court, ora public authority is making a decision that has a impact upon your civil rights or obligations. In this context,... Continue Reading →

PLEA BARGAINING

Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It is common in the United States, and has been a successful method of avoiding protracted and complicated trials. As a result,... Continue Reading →

MINORITY RIGHTS

Some articles in the Indian Constitution which openly or silently speak about the rights and privileges of minorities in India.  Article 38 ensures that the state to secure a social order for the promotion of welfare of people permeated by justice- social, economic and political and to minimise inequalities in income, status, facilities and opportunities.... Continue Reading →

LEGAL GUARDIANSHIP AND CUSTODY OF ADULTS WITH MENTAL DISABILITIES

A guardian as a person who is appointed to look after another person. They have to assume the care and protection of the person for whom they are appointed as a guardian. The guardian takes all legal decisions on behalf of the person concerned. Who Can Be a Guardian A person whose name is suggested... Continue Reading →

MERGERS AND ACQUISITIONS

Nowadays, Merger and Acquisition is the pathway businesses choose to reach exponential heights and continue to engender attention. The Indian Merger and Acquisition sector works in a similar fashion and has observed various large M&A deals in the past few years in the banking, insurance, and telecom sectors. Hence, over a period, M&A has become... Continue Reading →

CHILD LABOUR

Child labor is not unique to only India and is found in many places in Africa, South America and even Europe. Western companies such as Gap have come under fire for their exploitation of children in their manufacturing process. Many of these facilities that abuse children for their free labor are located in India.  The main states in India where child... Continue Reading →

LEGAL SERVICES

Legal Services includes providing Free Legal Aid to those weaker sections of the society who fall within the purview of Section 12 of the Legal Services Authority Act, 1987. It also entails creating legal awareness by spreading legal literacy through legal awareness camps, print media, digital media and organizing Lok Adalats for the amicable settlement... Continue Reading →

FAMILY COURT

The purpose and aim of establishing the Family Courts is to protect and preserve the institution of marriage and to promote the welfare of children and provide for settlement of disputes by conciliation. The Family Courts Act extends to the whole of India except Jammu and Kashmir. Every State Government after consultation with the High Court... Continue Reading →

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