Ab Initio - From the very beginning, from the start of something Eg - An agreement is considered to be void ab initio if it is not legally valid. Ad idem - meeting of the minds by parties. Eg - Consensus ad idem in contract law means there has been a meeting of the minds... Continue Reading →
FREEDOM FROM TAXATION FOR PROMOTION OF A RELIGION
Article 27: Freedom as to payment of taxes for promotion of any particular religion - No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. This article emphasizes the secular person of the... Continue Reading →
MISLEADING ADVERTISEMENT
“Advertising is the art of persuasion.” — William Bernbach Let's start with knowing what is misleading advertisement. According to section 2(28) of the consumer protection act 2019, misleading advertisements are 1)which falsely describe any product or Service. 2)gives a false guarantee to or is likely to mislead the consumers as to the nature, substance, quantity or... Continue Reading →
JANANI SURAKSHA YOJANA
In India, every year more than 50000 pregnant women are dying because of pregnancy related complication. Every year close to 13 lakhs dying because of complications which they face in the initial weeks. Majority of these 13 lakhs, two third of the babies are dying during the first four weeks. 75 percentage they die in... Continue Reading →
GOODS AND SERVICES TAX COUNCIL
GST council is a constitutional body under article 279 A. GST council decides every matter related to GST. This council is headed by finance minister. When you investigate the members of GST council finance minister is a member and minister of state under finance ministry is also a member. So, two members will be representing... Continue Reading →
FREEDOM OF PRESS
"The freedom of the human mind is recognized in the right to free speech and free press." - Calvin Coolidge. Free press is very important and essential for the effective functioning of a democracy. The expression freedom of press means the right to print and publish without any interference from the state or any other... Continue Reading →
BRAND EXTENSION OF COLGATE
So what is a brand extension? A brand extension is when a business or an organisation has a well-developed product or service and they leveraged their brand name to introduce a new product or service into an industry sector that they aren't already in. By doing this, they can increase their brand equity. So to... Continue Reading →
RES IPSA LOQUITUR
The Latin maxim Res Ipsa Loquitur literally means that thing speaks for itself. This Maxim refers to a situation in which the facts of the case make itself evident that the defendants negligence caused the plaintiffs injury or damages. No more evident is necessary to prove the negligence of the defendant. It is an exception... Continue Reading →
Volenti Non-Fit Injuria
This article is about Volenti Non-fit Injuria which is one of the most important Latin maxim in law of torts. The maxim Volenti Non-fit Injuria is based on the principle of justice and good concerns because a man cannot complain of harm to which he has consented to with his full knowledge and free will.... Continue Reading →
SHOULD THE USE OF CANNABIS BE DECRIMINALISED?
The UN commission on narcotic drugs has reclassified cannabis removing it from the category of most dangerous drugs according to a release. This was based on a series of world health organization recommendations released in 2019 on marijuana and its derivatives. According to multiple recommendations by who's expert committee on drug dependence, the non-intoxicating compound... Continue Reading →
CONCEPT OF DOWER UNDER MUSLIM LAW
India is a secular country. The term ‘secular’ is interpreted as that there is no religion of the State. It treats all religions equally. The Indian Constitution guarantees that every person has the freedom of conscience and the right to profess, practise, and propagate religion. This leads to the creation of different personal laws with respect to... Continue Reading →
COPYRIGHT LAW FOR MUSEUMS: EXCEPTIONS
This article is about exceptions in the copyright law for museums. So copyright law and the museum industry may sound like an odd fit but truth is they are linked in their purposes and objects which are essentially to promote and encourage the progress of science and art in order to constantly maintain the value... Continue Reading →
M’NAGHTEN RULE ON INSANITY
M’Naghten rule is one of the important tests to determine the level of insanity of the offender while considering insanity as a defence for his offense. So, let's look what is M’Naghten rule. The first famous legal test for insanity came in 1843 in the M’Naghten road. An Englishman Daniel M’Naghten shot and killed the... Continue Reading →
NATURAL JUSTICE PRINCIPLE
Natural justice is an important concept in administrative law. That is a principle for protecting the individuals from discrimination of their rights. Natural justice is considered as an outcome of necessity for equality. So this concept was evolved through various judicial thinking. Importance of natural justice is authority should apply natural justice principles while taking... Continue Reading →
GENERAL DEFENSES IN CRIMINAL LAW
The Criminal law covers various punishments which vary from case to case. But it is not always necessary that a person gets punished for a crime which he/she had committed. The Indian Penal Code (IPC), 1860 recognizes defences in Chapter IV under “General Exceptions”. Section 76 to 106 covers these defences which are based on... Continue Reading →
COPYRIGHT AND TRADEMARK IN UK
Copyright is there to protect your original creative works. You can't copyright an idea. You can copyright things like literary work, dramatic works, musical and artistic work as long as they are in a tangible form. And what do I mean by tangible form? Well, things like books, film recordings, websites, software, photography, paintings, or... Continue Reading →
START-UP STORY: MC DONALD’S
The more you give of yourself, the more you receive. -Ray Korc In the late 1930s the McDonald family moved from Manchester New Hampshire to Hollywood California where brothers Richard and Maurice McDonald began working as handyman at motion picture studios. Their father Patrick McDonald opened the air dome a food stand on Huntington Drive... Continue Reading →
PARLIAMENTARY SYSTEM OF INDIA
Democracy, it was first introduced by Athenians in Greece during 5th century BCE. Cleisthenes a political figure of Athens born in 570 BCE is known as the father of Athenian democracy. Out of all countries in the world, 123 countries are democratic countries. Modern democratic governments are classified into two types of government systems. First... Continue Reading →
BRIEF NOTE ON SEDITION
Sedition is often in news so we will discuss about that in this article. Sedition is defined in section 124 A of Indian Penal Code which says that whoever by words either spoken written or by signs or divisible representation Creates hatred or contempt or disaffection towards the government established by law, then I can... Continue Reading →
ALL YOU NEED TO KNOW ABOUT LOK ADALAT
Before understanding about Lok Adalat, we should know about something called as NALSA National Legal Services Authority. It is a statutory body which was set up under a legal services authorities act 1987. It has two important objectives: one is to give life to article 39 A which guarantees free and competent legal services for... Continue Reading →