A gift deed cannot be revoked or cancelled once it is executed and register unless the requirement of section 126 of the transfer of property Act 1882 are fulfilled. Revocation of a gift deed Section 126 of the Transfer of Property Act (1882) deals with the suspension or revocation of a gift deed. This Section lays... Continue Reading →
Group Rights Women and Children
Abstract : 1. Chid Rights 2. Some of the most important rights to children 3. Women's rights 4. Women-specific legislation 5. Women-related legislation 6. Some of the most important rights to women 7. Conclusion. Article: Child Rights : Includes the children's rights adopted in the United Nations convention on the Rights of the Child on... Continue Reading →
Basic rules relating to transfer of Property
The Transfer of Property Act of 1882 ("The Act") took effect on July 1, 1882. It establishes procedures for the transmission of property between living people that are consistent with the rules governing its devolution after death. In terms of immovable property, it also completes the code of contract law. This Act does not cover... Continue Reading →
Who can transfer a property?
A live person can transfer property to one or more other living persons, or to himself, or to himself and one or more other living persons, in the present or in the future, and to transfer property is to undertake such an act. The Transfer of Property Act's purpose is to establish and alter the... Continue Reading →
Marital Rape- A legal Crime
We are living in the 21st century but still male patriarchy prevails over dignity and self- respect of the woman. This could be seen in the exception (2) of section 375 of the Indian penal code which talks about the validity of marital rape.Violence against women has now become part of daily routine life. Marital... Continue Reading →
Case Analysis – M.C. Mehta v. Kamal Nath & Ors – Origin of Public Trust Doctrine in India
Understanding the Public Trust Doctrine The records of the doctrine is traced to the Roman emperor, Justinian. Emperor Justinian proclaims in Book 2 of his,He institutes: By the law of nature these things are common for mankind—the air, running water, the sea, and consequently the shores of the sea. No one, therefore, is forbidden to... Continue Reading →
The Water (Prevention & Control of Pollution) Act, 1974 And Landmark Judgements
Delhi High Court has held that right to access to drinking water is fundamental to life and there is a duty of the State under Article 21 of the Constitution to provide clean drinking water to its citizens. The Delhi High Court presided over by J. Jayant Nath laid down this ratio in the case... Continue Reading →
Quashing of FIR under Code of Criminal Procedure, 1973
The process of quashing an FIR is started from the High Court under section 482, Criminal Procedure Code in the jurisdiction where the FIR was filed and the trial is ongoing. In Special Leave Petitions filed under Article 136 of the Constitution of India or Article 142 of the Constitution of India, the Supreme Court... 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 →
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 →
Artificial Intelligence and law
Predicting the future isn’t magic, it’s artificial intelligence.–Dave Waters Introduction: The emergence of a technology-driven economy and globalization has brought with it a slew of benefits and drawbacks, with the entire world becoming increasingly connected. Among all of these global advances, Artificial Intelligence (AI) is likely the one that has gotten the most attention. AI... Continue Reading →
Law – A Single Entity
Laws are body of rules and regulations that function within a structure of society. A country will have its laws and within the country there are many organisations that have its own laws. For example, there are separate laws in a temple, church, school, society, or a college. “Law is a multi-vocal term”[1]. Law is... Continue Reading →
INVENTIONS UNDER PATENTS ACT
WHAT IS PATENT? According to WIPO[i], A Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to... Continue Reading →
WHY SHOULD COPYRIGHT BE PROTECTED?
WHAT IS COPYRIGHT? Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work. Copyright law gives creators of original material the exclusive... Continue Reading →
INFRINGEMENT OF REGISTERED TRADEMARK
WHAT IS TRADEMARK? According to the Indian Trademarks Act, 1999,[i] a trademark is defined as a mark, which can be represented graphically and can distinguish the goods or services of one individual from those of others. It is a sign capable of distinguishing the goods or services of one enterprise from other enterprises. WHAT IS... Continue Reading →
AN OVERVIEW OF COMPETITION ACT, 2002
WHAT IS COMPETITION ACT, 2002? The Competition Act, 2002 is passed an enacted by the Parliament of India. Its purpose is to govern Indian competition law. It replaced the old The Monopolies and Restrictive Trade Practices Act, 1969. This act is applicable to the whole of India. This act was enacted to prevent activities that... Continue Reading →
AN OVERVIEW OF FEMA ACT
WHAT IS FOREIGN EXCHANGE MANAGEMENT ACT (FEMA)?[i] The Foreign Exchange Management Act is an act passed and enacted by the Parliament of India to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in... Continue Reading →
GIST OF IMPORTANT CASES UNDER CP ACT
WHAT IS CONSUMER PROTECT ACT? The Consumer Protection Act, 1986 was enacted to protect the interests of consumers in India. It was made for the establishment of consumer councils and other authorities for the settlement of consumer’s grievances and matters connected with it. It gives easy and fast compensation to consumer’s grievances. It also safeguards... Continue Reading →
CONCEPT OF TRADEMARK
WHAT IS TRADEMARK? A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business, organization, or any legal entity. A trademark can be any word, phrase, symbol, design or... Continue Reading →
HOW IS GI DIFFERENT FROM TRADEMARK
WHAT IS GEOGRAPHICAL INDICATION (GI)? Section 2(1)(e) [i]of the Geographical Indications of Goods (Registration and Protection) Act, 1999, defines GI as an indication capable of identifying goods, including natural goods, agricultural goods, or manufactured goods, as manufactured or originating in a country’s territory, or a locality or region within that territory, where a specific quality,... Continue Reading →