SEXUAL HARASSEMENT OF WOMAN AT WORKPLACE

The most common topic of discussion ever since the woman in India started working! There have been un-number of articles being written & published in this regard each having a different aspect but all mentioning the same old laws made by the legislature. I will not elaborate on the laws as almost everyone knows about... Continue Reading →

RIGHT TO INFORMATION

The Right to Information Act, 2005 replaced the Freedom of Information Act, 2002. The R.T.I protects the Freedom of Expression and Speech under Article 19(1)(a) And Right to Life & Personal Liberty under Article 21 guaranteed by the Constitution. The Act is a very important tool which gives the power to a common man to... Continue Reading →

DEFAMATION

Defamation is a crime, you know why? Because we do care “log kya kahenge”. Reputation is the most valuable thing which a person possesses and the reputation must be protected. Defamation is defined in section 499 and the punishment is given in section 500 of IPC. Defamation is the act of saying false things in... Continue Reading →

HIBA

The Arabic term ‘HIBA’ literally means gift. The term “Hiba” and “gift” have a different meaning when taking into consideration the transfer of property act, 1882. Under the Muslim law, a competent person is allowed to make a gift of his property to another during his lifetime, but, it has to be transferred by way of a “will”... Continue Reading →

THE ‘GOLDEN TRIANGLE’

The underlying fact that the Constitution of India is the longest written Constitution of any sovereign country in the world. Constitution declares India a sovereign, socialistic, secular, democratic, republic, assuring its citizens of justice, equality and liberty, and endeavors to promote fraternity among them. The six fundamental rights namely Right to Freedom, Right to Equality,... Continue Reading →

MEDICAL NEGLIGENCE

The medical profession is considered as a noble profession. Doctors are considered as the god. During these covid times, the doctors have saved many lives while they were also late in many. When the pandemic started, every one’s hope were only the doctors (for curing the virus) where they are hailed as ‘Corona Warriors’ and God... Continue Reading →

ASSAULT & BATTERY UNDER LAW OF TORTS

Assault & Battery are used by the people in their everyday life and still are not aware of the two term’s existence. Remember in your school / college days when you would tell your friend that you will punch him but never did OR when you told you were so angry at him that without... Continue Reading →

RES JUDICATA

“ To Re-Litigate Or Not to Re-Litigate”, that is the question! The doctrine of res judicata becomes applicable where there is more than one petition filed in the same or in some other court of India with the same parties and same facts. If either of the parties in a case approaches the same court... Continue Reading →

CONSTITUTIONAL REMEDY

The six Fundamental Rights; Right to Freedom, Right to Equality, Right against Exploitation, Right to Freedom of Religion, cultural & Education Rights, Constitutional Remedies. This article will only focus on the Constitutional Remedies; Article 226 & Article 32. Article 226 & 32 of the constitution of India are also known as ‘Writs’. These two Articles... Continue Reading →

MAINTAINCE OF NEGLECTED WIVES

The concept of ‘maintenance’ in India is covered both under Section 125 of the Code of Criminal Procedure, 1973 and the personal laws. Maintenance under the Indian laws basically means and includes entitlement to food, clothing and shelter which should be available not only to the wife but also to the children and parents as... Continue Reading →

COERCION UNDER THE INDIAN CONTRACT ACT, 1872

Coercion is not new. This is something which is used by almost everybody so that their work is done in a smooth manner no matter what the other person is going through. The evil-minded persons achieve their intentions through Coercion. Even in 2021, parts of Kerala, Coercion is being used mostly for religious confessions or... Continue Reading →

NUISANCE w.r.t TORTS

The word ‘nuisance’ is derived from the word nuire which means to hurt or annoy. Nuisance basically means hurting anyone or causing injury to a person by the deeds of another person. According to Salmond, nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one’s land... Continue Reading →

CEnsorship of OTT

Over-The-Top(OTT) platforms like Netflix, Amazon Prime, Zee5, DisneyPlusHotstar, AltBalaji, SonyLiv etc lately have been facing the ire from Indian Government and some Indian society regarding the censorship of their content. Only a strong internet connection and a compatible hardware part like phone, laptops, tablets, or smart T.V is needed to view the content. Ever since these... Continue Reading →

इच्छामृत्यु

Euthanasia is derived from two Greek words, eu (good) and thantos (death). Encyclopedia of ‘Crime and Justice’, explains euthanasia as an act of death that will provide relief from a distressing or intolerable condition of living. The people sometimes request the doctor to perform euthanasia when they have been suffering from terminal illness and are in... Continue Reading →

RIGHTS OF AN UNPAID SELLER

Before I start with the main topic, let me give you a small intro about who is an ‘unpaid seller’. According to section 45 (a) of Sale of Goods Act, 1930, a seller is called an ‘unpaid seller’ when either he has not been paid the whole price or the buyer has failed to meet... Continue Reading →

SECTION 497 IPC-ADULTERY

According to Indian law, Section 497 of the IPC criminalizes adultery and imprisonment and fines of up to five years. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India. Section 497 of Indian Penal code (IPC) 1860, defined adultery as: -“Whoever has sexual... Continue Reading →

PLAY THE MUSIC, FACE THE MUSIC!

Suppose you are the owner of a gym or a café/ restaurant and you love music ( who does not?) and you want to play the same in your gym or café/ restaurant. While playing the same will give you happiness, it wont be the same for the original artists. One fine day you play... Continue Reading →

KESAVANANDA BHARTI VS. STATE OF KERALA

If you are a law aspirant, then, you must remember the date 24 April, 1973 not only for the birthdate of Sachin Tendulkar but also on the same date this remarkable case was decided, which has been playing a great role between Judiciary and Parliament from then till today. Under this case, the Supreme Court... Continue Reading →

NANI PALKHIVALA: LEGENDARY LAWYER

“If a count were to be made of the ten topmost lawyers of the world, I have no doubt that Mr. Palkhivala’s name would find a prominent place therein” – H.R.Khanna. Nanabhoy 'Nani' Ardeshir Palkhiwala was a famous attorney who battled probably the most significant fights in Indian Constitutional history shielding the central privileges of... Continue Reading →

PAWAN KUMAR ATMARAM SABOO AnD ANR. VS SABOO COLLECTIONS

Deceptively Similar Trademark case Under this case, the appellant No. 1 is the sole proprietor of the firm named and styled as 'Saboo Sons' along with  Saboo Decopride', which is  a private  limited company registered under  the Companies Act, 1956. According to the appellants, they were engaged in the business of marketing, selling and providing... Continue Reading →

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