In a significant ruling on June 4, 2024, the Supreme Court of India clarified the discretionary power of courts in granting regular bail under Sections 437 and 439 of the Code of Criminal Procedure (CrPC), underscoring the relevance of trial progress and changing circumstances in bail applications. The judgment, delivered in the case of Manish…
In the ever-evolving landscape of finance and technology, cryptocurrencies have emerged as a disruptive force, raising questions about their future prospects in India. Let’s delve into the current status of cryptocurrency regulations in India and ponder over what lies ahead. The Future of Cryptocurrency in India: A Glimpse into the Unknown The future of cryptocurrency…
INTRODUCTION India is a country where the rate of poverty as well as the rate of crime is increasing day by day. With the amount of population in our country everybody is not able to get employment or live-in standard of living. It is also true that crime not only happens against people who can…
INTRODUCTION The Constitution of India is the supreme law of India. It lays down the fundamental code, anima rights and duties of citizens. The directive principles of state policy, procedures, structures and powers of governmental institutions is also encapsulated in it. It is widely regarded to be a “living document”. It is the longest written…
INTRODUCTION “Her friends used to tell her it wasn’t rape if the man was your husband. She didn’t say anything, but inside she seethed; she wanted to take a knife to their faces.” – F. H. Batacan The Delhi High Court is in process of hearing a challenge to the constitutional validity of…
Every citizen should be aware about the law and their rights. The article focuses on the detailed information about the Fundamental Rights.
“The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitised judicial process”. Justice V.R. Krishna Iyer in Gudikanti Narasimhulu case (1977) INTRODUCTION The right to liberty is the fundamental right and…
INTRODUCTION The personal injury law is the branch of tort which deals with providing of compensation to the victims who have suffered any physical, psychological or emotional injury due to the negligence of some individual. The negligent individual is held legally for the damage caused to the victim and will be responsible for paying…
THE ARTICLE ANALYSIS THE DOCTRINE OF BASIC STRUCTURE OF CONSTITUTION WITH REFERENCE TO KESAVANANDA BHARTI CASE
Prostitution is derived from the Latin word prostituere, which means to expose publicly. It is the practice of engaging in relatively indiscriminate sexual activity with someone who is not a spouse or friend in exchange for immediate payment in money or other valuables. Prostitutes can be female, male, or transgender, and prostitution can involve heterosexual…
Who is a corrupt Arbitrator? An arbitrator who, induced by personal gain and who disregards the duty of neutrality to influence the outcome of an arbitration submitted to his or her consideration. Notion on personal gain The word personal gain is to be broadly construed. It includes the prospective monetary and non-monetary rewards. The…
Winding up is the process of bringing a company’s life to an end and administering its assets for the benefit of its shareholders and creditors. A company or business may wind up for a variety of reasons, including insolvency or bankruptcy, the death of promoters, or mutual agreement among stakeholders. There are two kinds of…
In 1983, Section 498-A was enacted to safeguard married women from cruelty by their husbands or family members. It prescribes punishment for 3 years and a fine. Under this section, cruelty is defined as causing physical or mental harm to the woman’s body or health, as well as engaging in harassment in order to coerce…
An insurance policy, also known as a contract of adhesion Insurance coverage is a contract that takes the form of a policy. This policy protects an individual’s financial risks as a result of unforeseeable events. The policyholder is the insured. The insurer is also known as the insurance provider, insurance carrier, or underwriter. They provide…
ITR filing date is just knocking on the door. Hopefully, all taxpayers are aware of the deadlines. If you are worried regarding the whole ITR filling process, you are at the very right platform, we are here to aware you regarding the same and to answer all your queries. As per the latest official…
Divorce is no more a nightmare for spouses anymore. Gone are the days when people choose a bad, complicated, and disturbing marriage over society’s perceptions or family’s reputation. These days at least a certain ratio of the population is quite aware of their marital rights and obligations. Well, this write-up is an endeavor to…
Why new personal data protection bill is the talk of the town?????? What is the necessity to bring this law in existence? Are present existing laws on Cyber Safety, failing to resolve challenges associated with personal data protection? Well, the nation is eager to know every inch of this bill, it’s utmost significance and how…
QRMP Sir, the scheme appears quite good in view of its following features: Tax liability in cash for the 1st and 2nd month of the Quarter to be determined taking into account the ITC (input tax credit) available. Tax liability ibid (1st and 2nd month) can be paid by deposit in Electronic Cash Ledger (ECL)…
Briefly, the Section governing the Annual Return has undergone changes quite a few times till date. Latest one prevails since 1.08.2021 therefore the status till 31.07.2021 is relevant too. Presently (w.e.f. 1.08.2021, all registered persons are required to submit an Annual Return, but without any audited Annual Statement. However, where annual aggregate turnover exceeds Rs.5…
“HAS THE STATE FAILED TO PROVIDE RIGHT TO LIVE UNDER ARTICLE 21 ” Amid the coronavirus pandemic, India is dealing with shortages on all fronts, be it oxygen, medicines, vaccines, or even doctors and nurses. The capacity is limited and the demand is overwhelming. As a result, there is chaos and what is being called…
Introduction India is an agriculturist nation. The history of agriculture in India dates back to the Indus Valley civilization era and even before that in some parts of southern India. The agriculture sector is one of the most important industries in the Indian economy. Agriculture is the primary source of livelihood for about 58%…
The Indian Parliament passed three agriculture act the new farm bill Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers (Empowerment and Protection) Agreement of Price Assurance, Farm Services Act, 2020, and the Essential Commodities (Amendment) Act, 2020—during its monsoon session culminating on 23 September. One of the most significant members of society…
Introduction The Heart and Soul of Democratic India are its Constitution. According to the Constitution, Parliament, and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of…
Fight against black money and corrupt practices have been the prime focus of the Modi government. Since the first cabinet meeting till now, there have been numerous steps taken to curb black money. Steps were taken by the Modi government so far against black money—demonetization, amnesty-like schemes, renegotiating treaties with tax havens—proves that this…
Introduction If we cannot make India corruption-free then the vision of making the nation develop by 2020 would remain as a dream – Dr. A.P.J. Abdul Kalam Corruption is considered to be one of the greatest impediments on the way towards progress, especially for developing countries like India. The economic, social and cultural structure…
INTRODUCTION An electoral bond is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of the State Bank of India. The citizen or corporate can then donate the same to any eligible political party of his/her choice. The bonds are similar to banknotes that…
INTRODUCTION COVID-19 -The entire world witnessed and went through a never-before-seen crisis. This was something that no one would have even imagined. A very tiny virus, which we can not even be seen with naked eyes, hit hard the entire human race and even the strongest, wealthiest nations of the world had…
What is the Ayushman Bharat Scheme? The Ayushman Bharat Scheme, launched by the Centre in September 2018. The government health insurance scheme covers most medical treatment costs and offers cashless hospitalization services through the Ayushman Bharat Yojana e-card. Touted as one of the world’s largest health insurance schemes, approximately 50 crore beneficiaries are eligible for…
INTRODUCTION Social security is usually understood as some form of monetary support that the government provides to those who are either incapable of being employed or are inadequately employed. In the Indian context, social security has a different meaning altogether. In India, our social security has spanned over a multiplicity of labour laws that our…
From the moment the national Covid-19 lockdown was announced, the unprecedented nature of the humanitarian crisis that was likely to follow was clear. It was also certain that the ranks of the vulnerable would rapidly start to swell as wages and work were withdrawn Once the lockdown was in force, there was no doubt that…
Introduction The Election Commission of India, abbreviated as ECI is a constitutional body responsible for administering elections in India at various levels like State Assemblies, Lok Sabha including elections of the offices of President and Vice President of India according to the rules and regulations mentioned in the Constitution of India. It was established…
INTRODUCTION TO FREEDOM OF SPEECH & EXPRESSION In India, freedom of speech and expression is granted by Article19(1)(a) of the Indian Constitution. It applies only to the citizens of India and not to foreign nationals. Freedom of speech under Article 19(1)(a) includes The rights of communication and the right to propagate or publish one’s opinion.…
Introduction- The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, The Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019, which aims to protect senior citizens and parents including those who are neglected and are unable to support themselves. With more than 135 million elderly people, India today has…
The Personal Data Protection Bill 2019, represents a positive step towards realizing data protection and privacy law for Indians. It was tabled in Parliament on December 11th, 2019. Fast forward to 2021, India has witnessed a deadly global pandemic. Came along a series of privacy breach cases and marathon bans on popular mobile apps over…
Abortion or the medical termination of pregnancy as it is referred to in legal parlance, was illegal in India until 1971, as Section 312-316 of the Indian Penal code,1861 made it a criminal offence. Abortion can be spontaneous or induced. Spontaneous abortion is when a pregnancy comes to an end on its own, commonly…
Background Information empowers and enables people; pushes them towards exercising their legal, social, economic, and political rights. It spreads awareness among citizens and creates a culture of transparency and accountability so as to make the system of governance of a nation more responsive and alert. In India, it all started with petitions moved by the…
INTRODUCTION The One Nation One Election, idea is about structuring the Indian election cycle in a manner so that elections to the Lok Sabha and the State Assemblies are synchronized together so that the election to both can be held within a given span of time. In India, there are three levels of government, i.e., Centre level, State…
ARTIFICIAL INTELLIGENCE – THE LEGAL FRAMEWORK The present generation has witnessed remarkable advancements in [AI] Artificial Intelligence technology. The people in large numbers are accustomed to chat-bots and usage of virtual personal assistants like Siri, Alexa and ok, Google is increasing rapidly. AI is not limited to Android phones but has seen use at a…
EQUALITY FOR WOMEN IS THE HARSH SOCIAL REALITY IN INDIA In India, the constitutionally guaranteed equality for women is often contradictory to the harsh social reality of the land and its cultural norms. The struggle for women’s equality began in India in the 20th century, during the struggle for Independence. In the fight against the…
INTRODUCTION- COMPUTER EVOLUTION AND REVOLUTION Civilizations have flourished in the past and gone on to establish themselves based on the foundations of singular inventions like use of iron or copper or bronze. Our present day singular invention, which has become as omnipresent as the iron and bronze tools in the past ages, is the computer.…
Child abuse is a corrupt deed committed by an individual and is treated as a crime. An act or inability by a mother or father or caretaker which results in potential damage to the infant can include abuse of children. From shouting, pinching, denying food, hitting or practising physical abuse, the study by UNICEF says…
FOOD SECURITY-A CHALLENGE BY COVID19 As we shall begin to discuss Food Security- A challenge by COVID 19, Let us first know about Food Security. “Food Security” as defined by United Nations Committee on Food Security means that all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food…
UNIFORM CIVIL CODE – MEANING The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavor to secure a…
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, which came into force on 27th November 2020, applies to everyone belonging to any religion. It seek to regulate religious conversions and Prohibition of Unlawful Conversion (including through marriages). Provides for the regulation of conversion through prescribed declaration. Before we begin to discuss about this controversial ordinance…
Child marriage in India Child marriage in India persists amidst child protection laws. Protecting children from this menace needs multipronged tactics besides breaking false beliefs. India has a high prevalence of child marriage with at least one in three child brides in the world being from this country. The Prohibition of Child Marriage Act 2006…
HIS RIGHTS –Tracing The Contours of Men Rights in India “Men Rights”-Sounds strange. That’s because the term is not much heard or talked about. India is a common law country with diverse traditions, several religious cultures, and a history dating back to ages. The constitution of India has been envisaged with the principle of…
BENAMI PROPERTY-ALL YOU NEED TO KNOW Benami in Hindi means without a name. Webster’s dictionary defines the term, “Benami” as: made, held, done, or transacted in the name of (another person). Thus, a Benami Transaction, in common parlance, refers to a transaction in which a property is transferred in the name of a person, whereas…
Insolvency and Bankruptcy Code (IBC) 2016 Insolvency and Bankruptcy Code in India was implemented through an act of Parliament. It got Presidential assent in May 2016. The law was necessitated due to the huge pile-up of non-performing loans of banks and delays in debt resolution. Insolvency resolution in India took 4.3 years on average against…
LIVE IN RELATIONSHIPS IN INDIA Live-in relationships in India also called ‘cohabitation’ is an alternative for marriage, by which two-person of the same or different sex can live together without any legal rights against each other. The proverb “marriage is happening in heaven” gives a very deep meaning to marriage. Marriage is one of the…
COW’S IN INDIA – A LEGAL PERSPECTIVE Since the time of framing of the constitution, cow slaughter was a very heated topic of debate. The question soon arose whether to include cow slaughter which is attached with Hindu sentiments in the constitution of India or not. Many members of a constitutional assembly called in favor…
GENDER INEQUALITY – PAST ISSUES AND FUTURE POSSIBILITIES RIGHT TO EQUALITY ( ARTICLE 14 – 17 ) The right to equality provides for the equal treatment of everyone before the law. It prevents gender inequality and discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability. The constitution of…
PORNOGRAPHIC MOVIE -10 LAKH FINE & 7 YEARS JAIL Man is the most rational living being in this world. His attitude changes from time to time. His likes and dislikes change accordingly. Same in the case of his sexual fantasies also. Reports state that around 60% of India’s youth are addicted to various adult videos as…
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 Under the Narcotic Drugs and Psychotropic Substances Act 1985 of India, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from…
TRANSGENDER- A SENSITIVE GLOSSARY Most of us have never thought much, if at all, about what it might be like to be a transgender, or to have a child who…
PROS & CONS OF INFORMATION TECHNOLOGY ACT, 2000 The Information Technology Act, 2000 also Known as an IT Act is an act proposed by the Indian Parliament reported on 17th October 2000. This Information…
LOVE JIHAD– POLITICAL & SOCIAL MIRRORS Gujarat Assembly passed the ‘Love Jihad’ bill that amends the Freedom of Religion Act and penalises the act of forceful conversion of the religion of women on the pretext of marriage. The bill that amends the 2003 Freedom of Religion Act seeks to curb the “emerging trend…
Interest Free Maintenance Charges and the Law Interest Free Maintenance Charges (IFMC) are the charges or fees which a home buyer pays to the Contractor or builder. The Contractor or builder reserves it in a separate account until the association of the…
An amendment has been made in the Companies Act, 2013 and the new Section 232 has been brought in which corresponds to Section 394 of the Companies Act, 1956 and this amendment seeks to bestow powers to Tribunal to order for holding of meetings of the creditors or the members and to make orders on…
According to the ratio of judgment rendered in Lalita Kumari’s case (supra), the reliability, genuineness and credibility of the information are not conditions precedent for registration of case. The intention of the Legislature is to ensure prompt investigation of a cognizable offence in accordance with law. There is no discretion left with the Police Officer to…
GENERAL: Any dispute with a Taxpayer/ Assessee involving difference in perception as to his rights cannot be decided unless the principles of natural justice are followed. These involve soliciting and entertaining a reply by way of issuing a Show Cause Notice and also granting a personal hearing before considering an adverse decision. This process is…
The evidence led by the prosecution to support their case under section 498A of IPC should not be read to hold the same accused guilty under section 306 IPC i.e abetment of suicide. Though, depending on the facts and circumstances of an individual case, subjecting a woman to cruelty may amount to an offence U/S…
What’s the scope of MSME Act? Do the Board and the Advisory Committee constituted under MSME Act enjoy any legal influence on financial or commercial statutes including GST? Whether the GST Council has any permanent Members from the MSME Board or the Advisory Committee? What special place/ facilities the MSMEs enjoy under GST law? MSMEs…
GST is a tax on supply. Normally the Government charges it from the supplier of goods or services. However the supplier collects the amount so paid from the customer by charging it on his invoice and the burden falls on the recipient. If the recipient has received the supply of goods or services for use…
Ha! Ha! What do Screenshots of our Smart phones or PC/ Laptops have to do with GST? A Lot! Actually. These actually are essential in the current scenario. Friends, we all keep hearing about technical glitches faced while doing work on the GST application (GST App) viz. “gst.gov.in”. The TRAN-1/ TRAN-2 imbroglio is well known.…
Is there GST on the renting of Residential accommodation? In one word, the Answer is a ‘No’! But, there is more to it. There is no GST on the renting of Residential Property for use as a Residential Accommodation. But if the same is to be used for Commercial purpose, the GST is applicable. But,…
GST on Legal advice E-commerce is on the rise by the day! And we get to witness a variety of e-business models adopted by e-commerce operators (ECO, in GST). Broadly these are 3: as an Agent, i.e. the ECO provides his e-commerce platform to the suppliers on a commission basis as a %age of Value…
Yes you heard it Right! GST is leviable on “Legal and Accounting Services”. The applicable rate is 18%. Legal Service, in GST, means any service provided in relation to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority. EXEMPTIONs: But there are…
GST is a very modern piece of Tax law and procedures. No wonder it comes with very modern, hitherto unforeseen, difficulties. But there are clear solutions. First of all we should know that the Departments have established so many ‘GST Seva Kendras’ where one can call or visit to know about his any day-to-day…
The question whether an employee deserves to be paid interest on the delayed payment of various retiral benefits and the answer to this question is ‘yes’. A writ in the nature of Mandamus is also legally maintainable to seek interest on the delayed payment as per the law laid on by the Honourable of Apex…
GST is feary, – a hideous enemy, we’re trying to come to terms with! And it punishes hapless subjects who don’t even have any teeth against it, – a draconian trait lifted directly into the most modern tax reform in the world. Hadn’t it been fair if the subjects would have had some retaliatory rights…
LAW RELATING TO REGISTRATION OF AN FIR IN INDIA By : Vijay Kumar Kaushal, Advocate Punjab & Haryana High Court, Chandigarh Criminal Procedure Code under Section 154 of Criminal Procedure Code ( in short Cr P C ) contains a provision relating to registration of an FIR. It says, every information relating to…
AIR 1987 SUPREME COURT 371 SUPREME COURT (From : Gujarat)* O. CHINNAPPA REDDY , J. and G. L. OZA, J. Civil Appeal No. 447 (N) of 1973, D/-21-11-1986 Kalyan Mills Ltd Appellant v. Union of India and others Respondents. Income-Tax Act (11 of 1922), S.46(2), S.46(5A)– Recovery of arrears of Income-tax, Excess Profit Tax, Business Profit Tax- Suit for, by…
SUPREME COURT OF INDIA DIVISION BENCH ( Before : Abhay Manohar Sapre and S. Abdul Nazeer, JJ. ) HINDUSTAN ANTIBIOTICS LIMITED — Appellant Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY (MHADA) AND OTHERS — Respondent Civil Appeal No. 10203 of 2018 Decided on : 04-10-2018 Civil Procedure Code, 1908 (CPC) – Order 27 Rule…
Public policy l is one issue which is a threat to the arbitral awards since courts can interfere into any award on the ground of public policy. In India Supreme Court of India has minimised the possibility of such unlimited interference by the courts, by its various judgements. In a recent judgment dated04.09.2014 at three…
2011 (0) AIJ-SC 687 Equivalent Citation(s):-2011 (11) SCC 672 : 2011 (6) Scale 406 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Aftab Alam and R.M.Lodha JJ. (Division Bench) Harjit Singh Uppal Versus Anup Bansal Civil Appeal No. 4416 of 2011 ; *J.Date :- MAY 13, 2011 EAST PUNJAB URBAN RENT RESTRICTION…
2011 (0) AIJ-SC 1454*EAST PUNJAB URBAN RENT RESTRICTION ACT, 1949 Section – 13 Equivalent Citation(s):-2012 (2) SCC 60 : AIR 2012 SC 466 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Altamas Kabir and Surinder Singh Nijjar JJ. (Division Bench) Iqbal Singh Narang Versus Veeran Narang CRIMINAL APPEAL No. 2225 of 2011…
2012 (0) AIJ-SC 61 Equivalent Citation(s):-2012 (11) SCC 314 : AIR 2012 SCW 1669 SUPREME COURT OF INDIA (HIGH COURT OF PUNJAB & HARYANA) Hon’ble Judges:Dalveer Bhandari and Dipak Misra JJ. (Division Bench) Ranbir Talib @ Ranbir Satwant Singh Versus Bhatia Gas CIVIL APPEAL No. 814 of 2012 ; *J.Date :- JANUARY 17, 2012 EAST…
2015 (0) AIJ-SC 1175 Equivalent Citation(s):-JT 2015 (12) SC 296 : 2016 (1) Supreme 1 SUPREME COURT OF INDIA (HIGH COURT OF UTTAR PRADESH) Hon’ble Judges:Pinaki Chandra Ghose and R.K.Agrawal JJ. (Division Bench) Mangu Singh Versus Dharmendra with State Of U.P. Versus Dharmendra CRIMINAL APPEAL No. 2230 of 2011 ; CRIMINAL APPEAL No. 1707 of…
2015 (0) AIJEL-SC 854 Equivalent Citation(s):-2015 (9) Scale 767 : JT 2015 (8) SC 310 SUPREME COURT OF INDIA (HIGH COURT OF MAHARASHTRA) Hon’ble Judges:Pinaki Chandra Ghose and R.K.Agrawal JJ. (Division Bench) Jitendra Vora Versus Bhavana Y.Shah CRIMINAL APPEAL No. 1001 of 2010 ; *J.Date :- SEPTEMBER 16, 2015 NEGOTIABLE INSTRUMENTS ACT, 1881 Section –…
2015 (0) AIJEL-SC 927 Equivalent Citation(s):-2015 (7) Supreme 434 : 2015 JX(SC) 818 SUPREME COURT OF INDIA Hon’ble Judges:Ranjan Gogoi and N.V.Ramana JJ. (Division Bench) Om Prakash Sharma @ O.P.Joshi Versus Rajendra Prasad Shewda CIVIL APPEAL No. 8609 of 2009 ; 8610 of 2009 ; *J.Date :- OCTOBER 9, 2015 KeyWords: Ownership – Benami transaction…
it is a collective term describing the network of treaties, statutes, regulations, and common and customary laws addressing the effects of human activity on the natural environment
According to Section 3 of the Act, “any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual…
The case allows you to apply the principles of capital budgeting to a hypothetical project. Your task is to assess whether you would invest in this project, given the information in the case.
Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding
A court proceeding in which a person who is charged with having committed or omitted an act against the community or state is brought to trial and either found not guilty or guilty and sentenced.
A noncriminal lawsuit, usually involving private property rights. For example, lawsuits involving breach of contract, probate, divorce, negligence, and copyright violations are just a few of the many hundreds of varieties of civil lawsuits.
