A Legal Blog by Prerna Foundation

Category Case Laws

Right To Receive Gratuity

Employees play a major role in growth of any organization. Payment of gratuity by an employer is a mechanism devised to recognize the efforts of employees who remain associated with the organizations for a long period of time and also,… Continue Reading →

Media Trials

Media became a boon to enlighten people and make them more aware and concerned about the whole world. The democracy has essentially three pillars viz., legislature, executive and judiciary. Media has become the fourth pillar of the democracy. It highlighted the social, economic,… Continue Reading →

Cause of Action

A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property or the enforcement of a right against another party. It also refers to the legal theory upon which… Continue Reading →

DEVADASI SYSTEM: SERVANT OF ‘MAN’ NOT ‘GOD’

Introduction:- An organised crime which is normally hidden from the world, and continues under the garb of religion and social tradition, is never easy to tackle. We are here referring to, Devadasi System. Generally, people don’t know how this crime… Continue Reading →

Yoga and Intellectual Property Rights

Each one of us have practiced yoga at some point of our time in one form or another. Yoga is not only physically helpful but also mentally. It lowers blood pressure, body weight and also lowers the risk of heart… Continue Reading →

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013

In 1992, Bhanwari Devi, a dalit woman employed with the rural development program of the Government of Rajasthan, was brutally gang raped on account of her efforts to curb the then prevalent practice of child marriage of a one-year old… Continue Reading →

Dying Declaration

A dying declaration is a statement made by a declarant, who is unavailable to testify in court (typically because of the declarant’s death), who made the statement under a belief of certain or impending death. The statement must also relate… Continue Reading →

“Right To Privacy”- A Fundamental Right

Introduction In general, the right to be free from secret surveillance and to determine whether, when, how, and to whom, one’s personal or organizational information is to be revealed. In specific, privacy may be divided into four categories Physical: restriction… Continue Reading →

Cello v. Modware

Design Infringement and Passing Off Passing off was once considered to be a common law remedy available only to trademarks. But, an inclusion of the scope of passing off to designs leads to various interesting debates and questions in the… Continue Reading →

JUDICIAL APPOINTMENT AND NEPOTISM

INTRODUCTION Constitution of any country basically gives the details regarding the fundamental or basic or apex organs of government and administration which describes the structure, composition powers, functions and duties and other relevant information. 1 In a similar way, the… Continue Reading →

NEW YORK CONVENTION, 1958

Introduction In general, there is a clear policy preference for the enforcement of arbitral awards in the United States and this pro-enforcement preference extends to awards made under the United Nations Conference on the International Commercial Arbitration Convention on the… Continue Reading →

Who is “Owner” under Motor Vehicles Act

INTRODUCTION In general legal terms, ownership of property may be private, collective, or common, and the property may be of objects, land or real estate, or intellectual property. Determining ownership in law involves determining who has certain rights and duties… Continue Reading →

Injunctions

INTRODUCTION Every court is constituted in order to deliver and administer justice among the parties and therefore, must be deemed to possess all such powers as may be necessary to do full and complete justice to the parties before it…. Continue Reading →

Acid Attacks Law & Punishment In India

INTRODUCTION In Indian society, the women are given status of Devi the Goddess and in order to protect them from violence and being victim of offences the Indian Parliament is trying its best to enact different laws and from time… Continue Reading →

Gujarat High Court: Convert’s Don’t Lose Right To Inherit Property Under Hindu Succession Act, 1956

INTRODUCTION Happily, the modern Hindu Law of succession is much simpler law than the old Hindu Law. The Hindu Succession Act, 1956 kays down a uniform law of succession for all the Hindus. Old Hindu law and customary law of… Continue Reading →

White Industries v/s Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

Loopholes And Possibilities Of Misuse : Dowry Law

INTRODUCTION A crime is definitely a crime if it affects a human being both physically and mentally. Around us, there are hundreds of crimes getting executed every day without any result to solve out those.  The legislature is making the… Continue Reading →

Essentials Of A Valid Marriage In Hindu Law

INTRODUCTION According to the general definition, Marriage is a state of being united to a person of the opposite sex as husband or a wife in a consensual and contractual relationship recognized by law. When it comes to Hindu Law,… Continue Reading →

Misuse Of Section 498A Of Indian Penal Code, 1860

INTRODUCTION To start with first we have to look that what this word marriage means. ‘Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.’ It is a social institution where… Continue Reading →

Calcutta High Court Issues Guidelines For Rape And Murder Of Minor Cases

INTRODUCTION In today’s world, we are facing a big crisis in the form of crime. Crime is increasing day by day and at a greater level. It is necessary to emphasize here that crime rate against women is very high…. Continue Reading →

#CaseComment – White Industries Vs. Republic Of India

Investment Arbitration in India is undergoing a sea of change as the bilateral treaties entered into have broad ambiguous provisions which enable the foreign national to bend and mould the provisions according to their whims and fancy. If the government… Continue Reading →

Husband Cannot Divorce His Wife Who Is Terminally Ill For Consideration: Supreme Court

Anuradha Samir Vennangot v. Mohandas Samir Vennangot Facts The petitioner wife got married with the respondent husband in April 2013. The petitioner was a divorcee wife while the respondent was a bachelor. In 2013, some misunderstanding developed between them and… Continue Reading →

Ex – Wife Is Not A Relative Of The Husband Under Section 498 – A: Gujarat High Court

HoneyBen Ashok Bhai Patel vs. State of Gujarat Facts Rakeshkumar Bhavsar got married with respondent No. 2 in 1995 and had two children with her. He died in 2001 and 9 years after that, respondent no. 2 got married to… Continue Reading →

Kesavananda Bharati vs. State of Kerala

Introduction The case of Kesavananda Bharati v. State of Kerala is perhaps the most well-known constitutional decision of the Supreme Court of India. While ruling that there is no implied limitation on the powers of Parliament to amend the Constitution,… Continue Reading →

Case Comment: Maneka Gandhi vs Union of India

Introduction The case of Maneka Gandhi vs Union of India is considered as a landmark judgement due to its significant role towards the transformation of the judicial view on Article 21 of the Constitution of India that further let to… Continue Reading →

Case Comment: State of Madhya Pradesh vs Madan Lal

Dilution or outright waiver of punishment if a rapist offers to marry his victim is an extra-legal step, one that is not written into law anywhere. But it continues to be entertained because the internalization of stigmatization is wide-spread, and… Continue Reading →

7 Landmark Court Cases That Changed The Laws In India

Indian legal system is often under great scrutiny by media and public, in general. The judges and courts are often blamed for things like wrong, biased judgements and verdicts, corruptions etc. The legal system in any country has many loopholes,… Continue Reading →

The Infamous 2G Spectrum

Introduction The 2G Spectrum Scandal, one of the biggest financial scams of the contemporary era, involved the alleged corrupt sale of telecommunications bandwidth to selected organisations at prices that understated the real market value of the asset in 2008. The… Continue Reading →

Case Comment: I.C. Golak Nath And Ors. vs State of Punjab And Anr. on 27 February 1967

Introduction Golak Nath vs State of Punjab, or simply the Golak Nath case, was a 1967 Indian Supreme Court landmark case, in which the Court ruled that Parliament could not curtail or limit any of the Fundamental Rights in the… Continue Reading →

5 #SupremeCourt #Judgments on Indian #EvidenceAct, 1872

The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. [amazon_link asins=’8129135086′ template=’ProductAd’… Continue Reading →

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