Murli S. Deora v. Union of India: Ban on smoking in Public Places

“Cigarette smoking is the classy way to commit suicide” -Vonnegut Introduction: The case of Murli S. Deora v. Union of India[i] had a significant impact on passive smokers’ right to life. There was a time when smoking in public settings endangered the lives of individuals who did not smoke. The Hon’ble Supreme Court looked into … More Murli S. Deora v. Union of India: Ban on smoking in Public Places

Consumer Protection Act, 2019: Key highlights

Introduction: The digital era has brought with it a new era of commerce and digital branding, as well as a new set of customer expectations. Digitization has enabled easy access, a large range of selections, efficient payment systems, improved services, and purchase at one’s leisure. However, along with the expansion came new concerns in terms … More Consumer Protection Act, 2019: Key highlights

Shreya Singhal v. Union of India: Judgment Widening the scope of freedom of Speech and Expression

“If liberty means anything at all, it means the right to tell people what they do not want to hear” – George Orwell Introduction: Shreya Singhal v. Union of India[i] is a historic case in which the Supreme Court of India emphasized the importance of freedom of expression and speech. Section 66A of the Information … More Shreya Singhal v. Union of India: Judgment Widening the scope of freedom of Speech and Expression

Doctrine of Eclipse

Introduction: The judiciary is the defender of the rights guaranteed by the Indian Constitution. The fundamental rights that citizens are guaranteed were included in the Constitution when it was ratified. There were various existing laws at the time the Constitution was created, some of which were in direct conflict with fundamental rights, so the Supreme … More Doctrine of Eclipse

Rule against bias: A Principle of Natural Justice

Introduction: Natural Justice is taken from the Roman law term ‘Jus Natural,’ and is closely tied to common law and moral principles, however it is not codified. A natural law is unrelated to any statute or constitution. The Indian constitution’s body, on the other hand, was cleverly weaved with a golden thread of natural justice. … More Rule against bias: A Principle of Natural Justice

Industrial Disputes Act, 1947: Mechanism for Settlement of Disputes

Conflict is inevitable but combat is optional. -Max Lucado Introduction: Disputes are an unavoidable part of any industry. A dispute can emerge for a variety of reasons, the most prevalent of which being the relationship between labourers and their wages. A dispute is triggered by a clash of interests between two parties. The employer and … More Industrial Disputes Act, 1947: Mechanism for Settlement of Disputes

Doctrine of Lis Pendens

Introduction: Section 52 of the Transfer of Property Act of 1882 codified the doctrine of Lis Pendens. Lis Pendens means “pending suit” in Latin, with “Lis” meaning “litigation” and “Pendens” meaning “pending.” Lis Pendens is derived from the Latin phrase “ut lite pendente nihil innovetur,” which means “in a pending action, nothing new shall be … More Doctrine of Lis Pendens

Lalman Shukla v. Gauri Dutt: Communication of offer- an essential for contract

Introduction: One of the most basic parts of regular transactions is contract. In our daily lives, we come across contracts everywhere. Indian Contract Act of 1872 governs contracts in India. The case of Lalman Shukla v. Gauri Dutt[i] is still one of the most often referenced in contract law. It was one of the first … More Lalman Shukla v. Gauri Dutt: Communication of offer- an essential for contract

Fixed and Floating Charge: What is the difference?

Introduction: The most important part of starting a business is having enough money. Capital can be obtained in a variety of ways. When existing capital is insufficient to meet certain standards, a company can expand its capital by taking out loans. These loans, which are typically obtained from financial institutions or people, require the borrower/debtor … More Fixed and Floating Charge: What is the difference?

Memorandum of Association & Articles of Association: Difference

Introduction: The two charter documents for the formation of the company and its operations are the memorandum of association and articles of association. The ‘Memorandum of Association,’ shortened as MOA, is the company’s founding document, which contains all of the company’s essential information. On the other hand, the ‘Articles of Association,’ or AOA, is a … More Memorandum of Association & Articles of Association: Difference

Citizenship (Amendment) Act 2019: Violative of Fundamental Rights?

On December 11, 2019, the Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament. The Citizenship Amendment Act of 2019 amended the Citizenship Act of 1955 to give Indian citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religious minorities who fled from Pakistan, Bangladesh, and Afghanistan before December 2014 because of “religious persecution … More Citizenship (Amendment) Act 2019: Violative of Fundamental Rights?

Dower under Muslim law: Rights of wife when dower not paid

India is a democratic and secular country. The term ‘secular’ means that the state has no religion. It is tolerant of all religions. The freedom of conscience and the right to profess, practice, and spread religion are guaranteed under the Indian Constitution. Hence, personal laws relating to religion exist. Marriage, dower, divorce, wills, maintenance, and … More Dower under Muslim law: Rights of wife when dower not paid