Parenting and Law
The most important definition sovereignty is given by John Austin. John Austin in his book ‘The Province of Jurisprudence Determined’ said that, “If there is a specific authority in a particular society, or those who are not loyal to any other authority, but have the general loyalty of all the people of that society, then... Continue Reading →
The Hind Swaraj of Gandhi is primarily known for the condemnation of western society that Gandhiji has done in an elaborate manner. He makes a simple formulation that India is developing into an irreligious nation under the control of the British rule. He also notes that he does not consider just any single religion but... Continue Reading →
ORIGIN Absolute Liability holds the individual absolutely liable for acts produced by the escape of a harmful object in the non-natural usage of land. The law of Strict Liability was seen to be solid and concrete until the 1980s in India, when the worst catastrophe of the Bhopal Gas Leak happened, and the issue of... Continue Reading →
The stages of EIA can be broken down as: IDENTIFICATION: The first step is to define a project and study all the likely activities involved in its process so as to understand the range and reach of the project. This helps in deciding the possible zones of environmental impacts and in understanding the area a... Continue Reading →
The right to a healthy environment is not explicitly protected by the Constitution. No such privilege is expressly enumerated in Part III of the constitution. In a series of decisions, the Supreme Court has established the right to a healthy environment sub–silentio. This sub-silentio technique has a propensity to avoid provoking a debate on such... Continue Reading →
INTRODUCTION Before 1972 conference, the main laws regarding environment protection were criminal law, easement laws, tort law, laws regarding canal and water, forest law and some special laws regarding hazardous substance. Certain Constitutional provisions can also be interpreted as the environment protection laws. Initially, Indian Constitution does not talk directly about the Environment Protection, but... Continue Reading →
The Biodiversity Act of 2002 was enacted considerably later than previous environmental legislation, such as the Indian Forest Act of 1927, the Wildlife Protection Act of 1972, and the Environment Protection Act of 1986. Despite the fact that all of these laws emphasized environmental preservation, none of them adequately addressed all aspects of ecological and... Continue Reading →
According to Krishna Iyer J, the root of development is the view in Ratlam Municipal Council vs. Vardhichand. The case stems from a basic set of circumstances. Ratlam's municipal council neglected to take efforts to keep roadways in one neighborhood in a safe and hygienic state. The municipal board's primary justification was a lack of... Continue Reading →
INTRODUCTION Environmental Impact Assessment (EIA) is a procedure for determining the likely environmental effects of a proposed project or development, taking into account both positive and negative socioeconomic, cultural, and human-health effects. It is essentially a preliminary assessment of a strategy, stratagem, programme, or real project's environmental impact before deciding whether or not to proceed... Continue Reading →
INTRODUCTION In the case of T.N. Godavarman Thirumulpad v. Union of India [WP (Civil) No. 202 of 1995], the Supreme Court left behind the conventional role of an interpreter of the law and took over various roles such as of the administrator, lawmaker and policymaker. This landmark case is also known as ‘the Forest Case... Continue Reading →
The right to liberty or freedom is the most recognized and treasured of all the rights that are deemed vital for the development of an individual's individuality. In reality, there can be no true right available to the people without liberty, i.e., the freedom to enjoy one's rights. As such, liberty is the people's most... Continue Reading →
INTRODUCTION Sovereignty is derived from the Latin word "superanus," which meaning "extreme" or "superficial." Although the term "sovereignty" is a contemporary invention, the notion of the term dates back to Aristotle's time. Aristotle used the phrase "excessive state authority" several times. Sovereignty refers to a territory's highest authority. Sovereignty involves both internal state hierarchy and... Continue Reading →
Despite the strained relations and basic differences between Muslims and Hindus in India, the healthy spirit of mutual tolerance and co-existence found its presence in the country. This culminated in the rise of different sects of society that aimed at bringing together the members of both the religions and form peace amongst them. This attempts... Continue Reading →
THE TORT OF NUISANCE According to Salmond “Nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one’s land or from anywhere into land in possession of the plaintiff, such as water, smoke, gas, heat, electricity, etc.” Hence, any inappropriate use of property that causes trouble, discomfort, irritation,... Continue Reading →
The Consumer Protection Act of 2019 (ACT) was the first to include mediation as a redress option for consumer complaints. Parties in consumer court now have the option of choosing mediation as a conflict resolution process at any moment after the complaint has been admitted. The State government has been given authority under Section 74... Continue Reading →
A legal instrument frequently utilised in western consumer markets such as the United States, class-action cases allow one individual complaint of a faulty product or service to be considered as an "interest group" of other persons in similar situations. Based on a single complaint, this sort of class action can be used to recall an entire... Continue Reading →
The history of malicious prosecution may be traced back to Edwards I's reign, when the writ of conspiracy was in use. The writ of maintenance superseded it in the 16th century, and it fell into disuse. An action on the case, which first emerged during Elizabeth I's reign and became known as action for Malicious... Continue Reading →
As mentioned, Dalits in India face some of the harshest discrimination and oppression. The atrociousness of acts committed against them are not of a low intensity and are not to be ignored. Over and over it is seen in the news an incident where there has been some mistreatment that is directed against a Dalit.... Continue Reading →
INTRODUCTION The Indian Constitution is the country's ultimate law. It establishes the government's core political principles, methods, practices, rights, authorities, and responsibilities. It confers constitutional supremacy rather than parliamentary supremacy since it was drafted by a constituent assembly and ratified by the people with a declaration in the preamble. It is impossible for Parliament to... Continue Reading →
It is very fairly evident that, the Islamic society played an integral part in the changes that the Hindu society underwent during the medieval period. Many Hindu and Islamic traditions have interacted, synthesized and given rise to newer traditions. Just like any interaction, this interaction between the two had both pros and cons. Looking at... Continue Reading →
Aishwarya Sandeep 