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 the... Continue Reading →

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... Continue Reading →

Writ of Mandamus: An insight

Introduction: The Indian Constitution provides several fundamental rights to its citizens, which are enshrined in Part III of the Indian Constitution. However, simply granting rights is not enough. The government must act to safeguard and protect Indian citizens' constitutionally given rights. When someone in any part of a state suffers an injustice, the state should... Continue Reading →

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 Technology... Continue Reading →

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... Continue Reading →

Trespass to person: Assault

Introduction: A tort is a civil wrong involving unlawful behaviour or the infringement of a legal right, and the person who commits the tort is legally responsible for the claimant's damages. The tortfeasor is the one who engages in this tortuous behaviour. The difference between a tort and a criminal offence is that the latter... Continue Reading →

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.... Continue Reading →

Coercion in Contract law

Introduction: Consent is regarded to be the most important component of a contract since its inception. There are variety of factors, which affects the consent of a person out of which coercion is one of them. This write up covers demonstrations that are managed under coercion, the demonstrations that fall outside its scope. Other than... Continue Reading →

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 the... Continue Reading →

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... Continue Reading →

Goods and Service Tax (GST)

‘The consensus we arrived with states for amending the Constitution to implement GST is  a major breakthrough. This alone has the potential to make India competitive and attractive for investment’-Narendra Modi Introduction: The Goods and Service Tax (GST) was executed by the Indian government as part of their "one nation, one tax" agenda. The GST... Continue Reading →

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... Continue Reading →

Dying Declaration: Validity in Law of Evidence

Nemo Moriturus Praesunitur Mentire- This principle states that, a man after death will not be able to encounter his maker (god) with a lie in his mouth. Introduction: A Dying Declaration is a declaration made by a person, as he is dying that states the reason for his death. The dying person's statement can be... Continue Reading →

Goods and Service Tax (GST)

"The consensus we arrived with states for amending the Constitution to implement GST is  a major breakthrough. This alone has the potential to make India competitive and attractive for investment"- Narendra Modi Introduction: The GST was executed by the Indian government as part of their "one nation, one tax" agenda. The GST (Products and Services... Continue Reading →

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... Continue Reading →

Fast Track Mergers in India

“We get talent and scale from mergers”-Angela Braly Introduction: Fast Track Merger (FTM) is defined by Section 233 of the Companies Act of 2013, as well as Rule 25 of the Companies (Compromises, Arrangements, and Amalgamations) Rules of 2016. FTM is a new idea that has been established in India to make doing business easier.... Continue Reading →

Doctrine of Priority       

Introduction: In a case where the court's interests are in conflict, the Doctrine of Priority aids the court in choosing which party's rights should take precedence over the other. The necessity for this notion emerges when a property transferor deals with the same property with two different people at the same time. As a result,... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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... Continue Reading →

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