A Legal Blog by Prerna Foundation

Category Know Your Rights

Right to Private Defence

IPC Section 96 to 106 of the penal code states the law relating to the right of private defence of person and property. The provisions contained in these sections give authority to a man to use necessary force against an… Continue Reading →

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 →

Property Rights of Second Wife and her Child

As per the law, in case a person dies interstate, his property moves or can be claimed by his Class-I heirs that include: Son Daughter Widow Mother Son of a predeceased son Daughter of predeceased son Widow of predeceased son… Continue Reading →

Human Rights & Right to Education

The right to education is legally guaranteed for all without any discrimination. States have the obligation to protect, respect, and fulfil the right to education. Education is intrinsically valuable as humankind’s most effective tool for personal empowerment. Education takes on the status of… Continue Reading →

Human Rights & Death Penalty

The death penalty is a denial of the most basic human rights; it violates one of the most fundamental principles under widely accepted human rights law—that states must recognize the right to life. The UN General Assembly, the representative body… Continue Reading →

ARNESH KUMAR V. STATE OF BIHAR

Introduction In case of a cognizable and non-cognizable case the police have a power to arrest any accused without a warrant. Briefly stated the case of the prosecution is that a wife made a complaint that her father in law… 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 →

Women Trafficking In India: Modern Day Slavery

Introduction Trafficking in human beings involves the transportation, harboring or receipt of persons by means of threat, coercion, abduction or fraud for the purpose of exploitation. The problem of human trafficking, particularly in women and children has emerged as grave… 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 →

Role of NGO’s in advocacy of Human Rights

Introduction Non-governmental organizations (NGOs) working for the cause of human rights, are often among the first to reach the scene of massive violations of human rights and humanitarian law. Traditionally, these NGOs documented violations, drew attention to them, and by… 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 →

Suspension of Fundamental Rights

Fundamental rights, the basic liberties of the people, are mentioned in Part III (Articles 12 to 35) of the Constitution of India. These include individual rights such as equality before the law, freedom of speech and expression, religious and cultural… Continue Reading →

Features of New Consumer Protection Bill

The Bill replaced the Consumer Protection Act, 1986.  The Bill enforces consumer rights, and provides a mechanism for redressal of complaints regarding defect in goods and deficiency in services. The Consumer Protection Act, 1986 enforces rights of consumers, and provides… Continue Reading →

Right To Privacy Under Article 21 of The Constitution Of India

INTRODUCTION The fundamental rights which are embodied in the Part III of the Constitution are nothing but the basic rights and protection given to the all the human beings. Its demand started during the British period only as in British… 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 →

Is it illegal to make Beer / Wine at home for Personal Consumption in India ?

INTRODUCTION Alcohol laws in India are a strange piece of legislation. Apart from every other legislation, the laws governing liquor consumption in India lacks uniformity. We all know that alcohol is the most commonly used intoxicant among the people of… Continue Reading →

GST vis – à – vis Cooperative Federalism

India is the largest democracy in the world with the world’s lengthiest constitution. The constitution is the supreme law of the land and there are few basic structures of the constitution which cannot be amended by the Parliament and federalism… Continue Reading →

Racism – A cause enough for divorce

This is not bias, this is racism. There is a whiteness travelling from the US to shopping malls in other countries. The High Court’s Certiorari.. A man must be cautious as to how he addresses his wife. As a recent… Continue Reading →

Licensing of Patents in India

INTRODUCTION In the latter part of the 19th century new inventions in the field of art, process, method or manner of manufacture, machinery, apparatuses and other substances, produced by manufacturers were on the increase and the inventors became very much… Continue Reading →

Mortgagor, Mortgagee and Mortgage: Rights and Liabilities

A mortgagor is an individual or a business entity providing a mortgage or security lien to real estate in exchange for the lender providing funds to the mortgagor. A mortgagee is a lender who provides money to the owner of… 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 →

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 →

Trademarks – Infringement & Passing Off

With globalization,more and more organizations are associating themselves with various external identifications, like names, tags, symbols, etc. It is seen that the company’s reputation or its ‘image’ rests in such external manifestation. In a world ofextreme competition, it is not… Continue Reading →

Transgender Rights- A Step Towards Progressive Society

“Sex is what you are born with, gender is what you recognize and sexuality is what you discover.” – A. Chettiar   Introduction The rule of law is supreme and everyone is equal in the eyes of law in India…. Continue Reading →

Delhi High Court: Maintenance Tribaunal Is Empowered To Pass An Order For Eviction If Parents Are Ill-Treated

INTRODUCTION In today’s world, the one person, one loves the most, is his parents. We as Indians are always taught by our teachers in schools that our parents are our God and we should look after them when they start… 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 →

A Woman’s Right To Choice – To Love.. To Reject..

My Body.. My Soul.. My Choice.. A woman has a right to live, love and reject. No one can compel a woman to love him & she has an absolute right to reject. They have their own space like man,… 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 →

#Copyright #Law In India – Introduction

The law of copyright in India is governed by the Indian Copyright Act 1957 (as amended).  The word “copyright” has  to be understood properly before we go deep into the subject. Copyright  is basically is a Right given to the Creator of… Continue Reading →

Kailash Kher alleges Gorakhpur Maholisar theme song is a copy of his Adiyogi

“People should be informed and aware about how bad it is to copy someone else’s original creation, one should follow rules and take permission”- Kailash Kher Kailash Kher is an Indian pop-rock and Bollywood playback singer with a music style influenced… Continue Reading →

Equal Remmuneration

In today’s globalised liberalised scenario, women form an integral part of the Indian workforce. In such an environment, the quality of women’s employment is very important and depends upon several factors. The foremost being equals access to education and other… Continue Reading →

Consumer Protection

Consumer means: One who buys goods for a consideration for personal use One who uses such goods with permission of buyers of goods One who obtains goods on hire purchase or lease One who hires or avails of any services… Continue Reading →

Patent- A Property: India Vs USA

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented… Continue Reading →

Rights Of Citizen

The Constitution seeks to secure to the people “the liberty of thought, expression, belief, faith and worship, equality of status, equality of opportunity and fraternity assuring the dignity of the individual”. The Nehru Committee recommended the inclusion of fundamental rights… Continue Reading →

The Maternity Benefit Act

INTRODUCTION The Maternity Benefit Act, 1961 regulates employment of women in certain establishments for a certain period before and after childbirth and provides for maternity and other benefits. It extends to the whole of India except the State of Jammu… Continue Reading →

Right to Education

Introduction Education is one of the basic elements for the success of democratic system of any Government. An educated citizen may choose better representatives to form the Government. Education provides human dignity to a person, to develop himself as well… Continue Reading →

Human Rights And Gender Equaltiy: A Concept Or A Goal

Every human being is considered as a rational being pursuing certain amount of intellectuality. He has to survive through the society by performing certain duties he is supposed to perform. But the duties alone are not what he gets. He… Continue Reading →

5 Basic Rights The Law Guarantees Every Indian Consumer

“Consumer can be king only if he protects his rights as though it is his kingdom!” A fiercely competitive market comes with its own benefits – of having a choice and getting only the best, but also has its own… Continue Reading →

Scope of ADR in Dispute Relating to Intellectual Property

In an increasingly intangible world, where there are more websites than shops and brick and mortar establishments as well as more and more corporate entities preferring to deal online rather than offline, it has become quite imperative that they are… Continue Reading →

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