TOP 10 LEGAL HEADLINES OF THE WEEK 14 Oct 2020
Special Leave Petition Against HC Order Rejecting Review Petition Cannot Be Entertained When Main Judgment is Not Challenged: States SC
EMERGING ISSUES IN THE FIELD OF ARBITRATION
Alternative dispute resolution has become the new normal for people when it comes to resolving their dispute.
Changing Contours of ‘Socialism’ In The Indian Constitution
Socialism is the cherished goal of Indian political system. It emphasizes the welfare of the people by providing equality among people and thus ensuring political equality to all.
Interface Of Ai And Iot: An Intellectual Property Perspective
When we hear the terms Internet of Things (IoT) and Artificial Intelligence (AI), most of us divulge into the thought of a world which is ahead of its time often portrayed in the movies.
Politics and Advocacy during the COVID-19 Pandemic
COVID-19 has given rise to unimaginable damage and distress. It has turned the world upside down with minimal human contiguity, unemployment and heightened domestic disaccord.
THE TRUTH ABOUT RELIGION AND FGM
Female Genital Mutilation (often referred to as FGM) is a destructive operation
Post COVID-19 India and its Emerging Challenges
COVID-19 pandemic has affected every aspect of life. It has raised concerns around the world regarding health, peace and security.
EDUCATION IN INDEPENDENT INDIA
Education is the basic requirement of every civilized society. The right to education has been recognized as a basic human right in several international conventions, covenants, and treaties.
Self-Reliant India: An Opportunity in The Time of The Pandemic
Atmanirbhar Bharat Abhiyan also is said as Self-Reliant India Mission was authoritatively announced in May to fight the COVID-19-induced economic slowdown by Prime Minister Narendra Modi while addressing to the nation.
Biological Age cannot be inclusive of Mental Age
The judiciary is racing towards the liberal interpretation from the strict interpretation of the laws, statutes, and provisions and so on.
Arbitration and Conciliation Act, 1996 vs Insolvency and Bankruptcy Code, 2016
The Indian legislation provides for a various number of laws, but there may come a time when there might occur conflict between the legislations.
Daughter's Right To Ancestral Property: What You Need to Know
In a landmark judgment, recorded on, August 11th, 2020, the Supreme Court expanded on the rights of Hindu women as legal heirs to ancestral property.
IS IT ALLOWED TO HAVE A SECOND BITE AT THE CHERRY?
In the above-mentioned case, the judgment was pronounced in the Delhi High Court by Hon'ble Ms Justice Jyoti Singh.
Reservation for Promotion: Is the State Bound to Provide It?
After independence, the rights of a minority was continued to be safeguarded, but significant changes happened in 1979 with the Mandal Commission Report which called for a change to admissions to institutes of higher education, except where states already had more generous requirements.
Top Ten Legal Headlines of The Week 20 Sep 2020
SC Directs States and Union Territories to File Affidavit Specifying Measures for Elderly Care Amid COVID-19.
TOP 15 LEGAL HEADLINES OF THE WEEK
Prashant Bhushan Held Guilty of Contempt of Court for Tweeting Against the Judiciary.
TOP 15 LAW NEWS OF THE WEEK
Judicial Custody of Social Activists Who Supported Araria Gangrape Survivor was Totally Impermissible: States SC; Directs release.
Schools of Hindu Law
Hindu Law is codified as well as uncodified. The codified law provides for various laws which have uniform application for all Hindus.
Parliamentary form of Government
1. Introduction 2. Features of Parliamentary government 3. Merits and Demerits of Parliamentary government 4. Reasons for adopting Parliamentary system 5. Distinction between Indian and British models
Mens Rea: An Explanation
Mens rea is a Latin term which means ‘guilty mind’. It is the mental element of a person’s intention to commit a crime, or it is the knowledge that one’s action or lack of action that would result in a crime.
Rights of The Accused in India
In India, the rights of the accused are provided only in cases where a warrant is issued. An accused has certain rights during any investigation; enquiry or trial of offence with which he is charged till the time the crime is not proven.
Probation of Offenders Act 1958: An Overview
An accused person should be given a chance of reformation that he would lose if he is incarcerated in prison and associates with hardened criminals.
Preamble: The Essence of The Indian Constitution
A constitution is a fundamental law of a country, either written or unwritten, which is a framework of rules for the establishment of governmental institutions, their powers & functions, and their mechanisms.
Introduction of The Consumer Protection Act, 2019
It is said that consumer is the king of the market and to uphold this, the consumer protection act, 2019 has come into force from 20th July 2020 to give more power to the consumers and to protect so that in no way the consumer is being harassed by the dominant position of the trader and manufacturer.
The Comfort of Downloading and Its Effects on Copyright
With the emergence and vast development of the internet and the World Wide Web, information on a wide range of subjects has been made available at the tip of an individual’s fingers. Additionally, with the comfort of obtaining and storing information through the popular method of downloading, there has been a significant leap in the transfer of digital information across the globe. Even though downloads have been seen as a blessing, it has also been an issue and has created concerns concerning copyright. This article aims to provide an insight on the issue downloading and its impact on copyright. The author also provides suggestions for reform and a conclusion for the same.
IS INDIA AN ONLINE ARBITRATION FRIENDLY JURISDICTION?
India provides for a specialized law that specifically deals with alternative dispute resolution, namely Arbitration and Conciliation Act, 1996. With the outbreak of Covid-19, Indian courts were bound to accept the technological advancement and started the hearing of urgent matters through virtual means. But the question arises are the laws keeping up with technological advancements? Through this article, the author tries to answer whether the Indian laws are compatible with the procedures of online Arbitration.
Jurisdiction of Supreme Court of India
According to Article 124 of the Indian constitution, there shall be a Supreme Court of India. The constitutional powers and jurisdictions of the Supreme Court have been defined from Article 124-147. The Supreme Court is meant to be the highest court of appeal which takes up appeals against the verdict of High Courts. Supreme Court at the apex of Indian Judiciary to uphold the constitution of India, to protect the rights and liberties of citizens and to uphold the values of rule of law. Hence it is known as the guardian of our Constitution.
The Market Regulator SEBI and Controversies
The Securities Exchange Board of India (hereinafter referred to as
The procedure of Arbitration In Consumer Disputes
India is a socialist country, therefore, aims to arrive at a balance wherein all the parties have equal opportunities and no party exercises a dominant position over the other. Indian legislation, therefore, provides for the Consumer Protection Act, 1986 which has been repealed by the newly enforced Consumer Protection Act, 2019 on 20th July 2020.
COVID-19 Pandemic: Impact on Corporates and The Mitigating Measures Taken By Government
COVID-19 is one of the worst crises faced by humankind, a glimpse of the devastating impact of COVID-19 pandemic on the economy was seen by the estimates released by the National Statistical Office. The nation’s GDP growth for the FY was 4.2%, which was the lowest in the last 11 years, while the fourth quarter of the FY witnessed it slump to 3.1%. However, this only takes into account the first week of the lockdown, which started on March 25; thus, the situation is estimated to worsen.
Legal Recognition of Gender Identity & Sexual Orientation
Progressive social changes in society represent the development of any nation. These changes are measured through various mediums like legislative frameworks, judicial attitude, attitudinal changes in the implementing machinery and mindsets of people. Indian Constitution, in its inception, included the fundamental rights under Part III. These fundamental rights form the basic structure and lifeline for the people. For any violation of the fundamental rights, there are remedial measures under Article 32, i.e. the Right to Constitutional Remedies by the Hon’ble Supreme Court of India. In Dr B.R. Ambedkar’s view, Article 32 is the very heart and soul of the Constitution.
Conversion Therapy: Violation of Ethics And The Way Out
Although the responses are new, the concept of conversion therapy dates to 1920s when homosexuality was considered pathological and attempts to cure gender identity using physical punishment, surgical intervention and counselling were ceaseless. The World Health Organization has not only declassified ‘homosexuality’ and ‘gender identity disorders’ as being mental health disorders but has also endeavoured to disregard conversion therapy as ineffective and detrimental. Since then, a wave of change has emerged for the LGBT+ community, in recognition of their gender identities as regular human developments, globally.
A Socio-legal Analysis On Maltreatment Against Women And Measuring The Social Impacts’
There are various laws for women against violence, like- Constitutional laws, Nari-O-Shishu Nirzaton Daman Ain, 2000, Penal Code,1860, Evidence Act,1872, Criminal Procedure,1898.
Difference between Detention, Arrest and Custody
There are certain terms in the Criminal justice system which are ambiguous in nature.