THE CONSUMER PROTECTION ACT, 2019: KEY FEATURES AND HIGHLIGHTS

Introduction The Consumer Protection Act, 2019 (the Act) received the President's assent on 9 August 2019 which has replaced the Consumer Protection Act, 1986. The Act aims at protecting and strengthening the rights of the consumers by establishing authorities, imposing strict liabilities and penalties on product manufacturers, electronic service providers, misleading advertisers, and by providing... Continue Reading →

ANALYSIS OF RIGHT TO PRIVATE DEFENCE IN IPC

INTRODUCTION: Generally speaking, defences allow the accused to avoid criminal responsibility. Defences arise in different ways. In one way, the defendant may defend himself by proving that he did not commit the crime. For example, take the case of an offender who takes the plea of alibi. By raising this what he says is that... Continue Reading →

SECULARISM IN INDIA

WHAT IS SECULARISM? When we say India is a secular nation, we mean that India does not have its own official religion but it treats all the religions equally. Secularism means treatment of all religions equally by the state. The word 'secular’ was enacted by Indian constitution in the year 1976. “The state is not... Continue Reading →

DEATH PENALTY IN INDIA

INTRODUCTION: India is a country which consist of large number of crimes and criminals. In India all punishments are based on the motive to give penalty for the wrongdoer. There are two main reasons for imposing the punishment, one is the wrongdoer should suffer and other one is imposing punishment on wrongdoers discourages other from... Continue Reading →

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

Sexual Harassment is a topic of interest and an area of concern to the present era. The sexual harassment results in violation of the basic fundamental rights of women especially right to equality under article 14 & 15 of the Indian constitution and her right to life and to live with dignity under article 21... Continue Reading →

CAPACITIES OF PARTIES TO ENTER INTO CONTRACT

INTRODUCTION: Almost every transaction around us is a result of a contract. When you buy vegetables from the seller, you promise to pay him money in exchange for vegetables. If you own a shop, you enter into two contracts; one with the manufacturer of the goods and second with the customer who will buy the... Continue Reading →

RIGHT TO CONSTITUTIONAL REMEDIES: ANALYSIS OF ART. 32 OF THE CONSTITUTION OF INDIA

Article 32 is the “soul of the Constitution and the very heart of it”. The best conferment of the Constitution is the Fundamental Rights. Somehow or another, they frame the rampart of our Constitution. Each one of these Rights is trivial if there exists no instrument to authorize them. Article 32 gives such a component. That... Continue Reading →

PLEA BARGAINING IN THE INDIAN LEGAL SYSTEM

INTRODUCTION: A new chapter, that is Chapter XXI1onPlea Bargaining has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by the Parliament in its winter5 session. It became effective from 5thJuly 2006. Originally Plea Bargaining is an American concept its origin can be traced... Continue Reading →

ROLE OF PSYCHOLOGICAL FACTORS IN CRIMINAL MINDS

INTRODUCTION: In India crime is considered as one of the major vices. By each passing year, the level of crime is increasing and causing devastating effects on people, institutions, and government security agencies. In order to curb such cases, several techniques have been adopted such as forensic odontology, criminal profiling, forensic psychology, etc. The use... Continue Reading →

THE K.M NANAVATI CASE: THE CASE THAT SHOOK INDIA AND MADE RAM JETHMALANI’S CAREER

Brief facts:Appellant, Kawas Manekshaw Nanavati, a commander in the Indian Navy was charged for murder of deceased Prem Ahuja under section 302 and 304, part 1 of IPC. When the appellant was away for his work, his wife, Sylvia, nurtured an illicit relationship with Mr. Ahuja, a friend of Nanavati.On 27th April 1959, Nanavati returned... Continue Reading →

WHITE-COLLAR CRIMES IN INDIA

INTRODUCTION: “The practitioners of evil, hoarders, the profiteers, the black marketeers, and speculators are the worst enemy of our society. They have to be dealt with sternly. However well placed important and influential they maybe, if we acquiesce in wrongdoing, people will lose faith in us.”                   ... Continue Reading →

QUASI-CONTRACTUAL OBLIGATIONS UNDER THE INDIAN CONTRACT ACT, 1872

INTRODUCTION: Is a contract possible without offer, acceptance or consideration? If we look at today’s world, yes there can be such a contract totally based on our social responsibility. Say, for example, one keeps a parcel at our doorstep, isn’t it our social responsibility and obligation to return that to the true owner. In this... Continue Reading →

THE LEGALITY OF CRYPTOCURRENCY IN INDIA

INTRODUCTION: -In the era where technological advancements are happening at an exponential rate, theFintech sector has found itself at the forefront of this boom. From mobile banking and onlinestock trading platforms to unequivocally the most coveted one – cryptocurrency. Thepopularity of Virtual Currencies ("VCs") such as Bitcoin, Ethereum, etc. has considerablyincreased in the recent past... Continue Reading →

IMPLICATIONS AND CHALLENGES WITH THE NEW LABOUR CODE, 2020

INTRODUCTION: he 4 labour codes - Code on Wages 2019, Code on Social Security 2020, Industrial Relations Code 2020 and Occupational Safety, Health and Working Conditions Code 2020 – received the Presidential assent between 2019 and 2020. However, barring the provisions relating to Central Advisory Board on minimum wages and identification of workers for social... Continue Reading →

CONTEMPT OF COURT: A DISCHOTOMY OF ETHICAL LITIGATION AND HEAT OF ARGUMENTS

Contempt of court is considered when a conduct disrespect or disregard or hinder or mess up with integrity of any party during serving law as officials or somehow working as judicial server. Civil Contempt It has been defined as intractable disobedience to any judgment, direction, order, write or other process of a court or wilful... Continue Reading →

DRAFTING THE TERMINATION CLAUSE OF THE CONTRACT

Drafting a correctly worded termination clause, upon forming a clear understanding of legal consequences is significantly important since it defines the manner in which a commercial transaction may be brought to an end. Virtually all commercial contracts have a termination clause that sets out a mechanism which the parties shall follow while terminating the contract. ... Continue Reading →

THE OTT PLATFORM AND CENSORSHIP

Nowadays one doesn’t always require a cable to be connected to get entertained via videos, one can enjoy video content everywhere just with the help of the Internet. OTT platforms help us avail of this facility. OTT represents “Over the Top”, which refers to any media resource that gives streaming of video matters like Television... Continue Reading →

human rights and gender equality

Gender equality between men and women refers to equal rights, responsibilities and opportunities for both of them. It does not mean that they will become same, but that women’s and men’s right, responsibilities and opportunities will not depend on what they will born as, a male or a female. Gender equality implies that the interests,... Continue Reading →

ENERGY LAWS IN INDIA

India is a growing economy and this has been achieved by development in various sectors, such as infrastructure, information technology, healthcare, telecom, and so on. Infrastructure is considered to be the one of the cornerstones of any developing society, as it contributes to trade and commerce, as well as to the living standards of any... Continue Reading →

RIGHT TO INFORMATION ACT, 2005 AND THE GOOD GOVERNANCE

Right to Information (RTI) Act emerged as a powerful instrument for taming corruption in the functioning of public authorities by promoting transparency and accountability. The Act has completed ten years but the challenges hindering the successful implementation of the Act are still looming large. The Act is slowly moving away from its goal owing to... Continue Reading →

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