A Legal Blog by Prerna Foundation

Category Legal Concept

Doctrine Of Double Jeopardy

Based on the Latin term non bis in idem which directly translates to “not twice against the same [thing]”, the Doctrine of Double Jeopardy is a procedural defences that protects an accused person from being tried for the same or… Continue Reading →

Disinvestment

The sale or liquidation of subsidiaries or fixed assets such as the public sector undertakings, enterprises, and projects by the central or the state government is termed as disinvestment. Disinvestments are principally stimulated by the optimization of resources to produce… Continue Reading →

Counterfeit Currency

The denominational numeral in latent, see-through Devnagri script, electrotype watermarks, color-changing ink, and the orientation and relative positioning of Mahatma Gandhi on a ₹500 currency. I know this and maybe you do too and so does everyone who has ever… Continue Reading →

Fashion Law

What Is Fashion Law? Fashion law is a legal field encompassing issues that arise throughout the life of an article of clothing or a fashion accessory. Fundamental issues in fashion law include intellectual property, business and finance, with subcategories ranging… Continue Reading →

Public Nuisance A Criminal Offence

Growing up in an urban society always thought it to be way better than rural life thinking that all the necessary commodities are nearby. Moreover, the concept of people minding their own business also somewhere influenced me to not really… 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 →

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 →

Law Of Adultery As It Stands In India

In India the law of adultery is punishable under section 497 of the IPC, but originally the framers of the code did not make adultery an offence punishable under the Code, it was the Second law commission which after giving… Continue Reading →

Criminialization Of Marital Rape

The idea of the “sacrosanct” institution of marriage dished out by the mainstream Indian cinema is a myth and is contrary to women’s perceptions of reality. Though marital rape is the most common and repugnant form of masochism in Indian… Continue Reading →

Cognizable and Non – Cognizable Offence

In India, Criminal Investigation For Trial starts with how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr.P.C and ultimately rests its case before the Judiciary in order to give the… Continue Reading →

ADR As A Tool For Social Justice

ADR refers to the means of settling disputes without going through legal procedures. Through ADR settlement of disputes can be done in many formal and informal ways but ADR emphasis is mainly on the settlement of disputes by local community… 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 →

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 →

Stridhan

The word “Stridhan” has been derived from the words “stri” meaning a woman and the word “dhana” means property. This concept came down all the centuries from the Hindu Smritis but has today, engulfed all forms of marriages in all… 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 →

Extra Judicial Confession

  Extrajudicial Confession is a confession made out of court, and not as a part of a judicial examination or investigation. Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient… Continue Reading →

CATFISHING

Catfishing is the term used to describe deception about one’s identity online, generally with an ulterior motive or in simple words The practice of using a fake profile to start an online romance is known as “catfishing”.  It is often… Continue Reading →

Dual Citizenship

When one person is regarded as citizen of one or more states under the laws of those states, it is known as dual citizenship. It is also known as Dual Nationality. Countries which allow dual citizenship are Australia, Canada, France,… Continue Reading →

Inherent Powers of the Courts

The powers conferred to Courts in addition to their original wands of justice are referred to as the Inherent Powers of the Court. These are left to the discretion of Court to decide the implementation of these powers; never hindering… Continue Reading →

Ubi Jus Ibi Remedium

Ubi Jus Ibi Remedium is a Latin maxim which means “for every wrong, the law provides a remedy.” If a person’s right is violated, he shall be compensated. Jus means the legal authority to do something and remedium means the… 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 →

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 →

Cyber Crime

Cyber crime or computer-oriented crime is a crime that involves a computer and a network. The computer may have been used in the commission of a crime or it maybe a target. Cybercrimes can be defined as ,” offences that… Continue Reading →

Arbitration Law and Scope of Judicial Intervention

What is arbitration? Arbitration means settlement of a dispute between parties to a contract by a neutral third party i.e. without resorting to court action. During arbitration, third party listens to both sides of a legal disagreement. With the documents… Continue Reading →

Mahr Vs Dowry

What is Mahr?                                                    In Islam, a mahr is a mandatory required amount of money or possessions, paid by the groom to the bride at the time of the marriage, for her exclusive use. It is also known as dower. The… Continue Reading →

Hindu Women Inheritance Rights

Much like those of women of any other country, property rights of Indian women have evolved out a continuing struggle between the status and the progressive forces. And pretty much like the property rights of women elsewhere, property rights of… Continue Reading →

High Court Power and Appeal

The high courts are the principal civil courts of original jurisdiction in each state and union territory. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters… Continue Reading →

Court Fees and Suits Valuation

The court fees are dealt under the Court Fees Act, 1870 and it extends to the whole of India and it commenced on the first day of April, 1870. A fee which may be imposed upon a litigant in order… Continue Reading →

White Collar Crimes in India

Who is a white-collar worker? A white-collar worker is a person who performs professional, managerial or administrative work. White-collar work may be performed in an office or other administrative setting. White-collar includes business management, customer support, market research, finance, engineering,… Continue Reading →

Elements of a Valid Contract

A contract is basically an agreement between two parties creating a legal obligation for both of them to perform specific acts. Each party is legally bound to perform the specified duties such as rendering a payment or delivering goods. In… Continue Reading →

Private Member’s Bill

A Member of Parliament (MP) who is not a Minister in the Union Cabinet is called a Private Member. Bills introduced by such members are called Private Member’s Bills. A Private member’s bill can be introduced in either the Lok… 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 →

Restorative Justice

INTRODUCTION Restorative justice is a new movement in the fields of victimology and criminology. Acknowledging that crime causes injury to people and communities, it insists that justice repair those injuries and that the parties be permitted to participate in that… Continue Reading →

Common Personal Laws

Personal law applies to a certain class or group of people or a particular person, based on the similar religions, faith, and culture. In India, everyone belongs to different caste, religion and have their own faith and belief. Marriage, divorce,… 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 →

Types Of Directors under Companies Act, 2013

INTRODUCTION “A corporation is an artificial person being invisible, intangible and existing only in contemplation of law”.[i] A corporation has “no mind which can have knowledge or intention nor he has hands to carry out his intention and therefore, it… Continue Reading →

Elections in India

India has a parliamentary system governed under the Constitution of India, which states the decentralization of power among central and state government. The head and supreme commander-in-chief for all defense forces India is the President of India. Election commission is… Continue Reading →

Charge Sheet

A charge sheet is a preparation document of accusation prepared by law-enforcement agencies in India, Pakistan and Bangladesh. It is distinct from FIR. First information report (FIR) is the core document which describes a crime that has been committed. Charge… Continue Reading →

Constitutional Tort

Since governing institution are the governing institution, people gave less emphasis on its liabilities but gradually there were cases in which the state was sued. This led to the formation of Constitutional Tort Law which imposed a liability on the… Continue Reading →

Doctrine of Blue Pencil

The blue pencil doctrine is a legal concept, where a court finds that which portions of a contract is void or unenforceable, and which portions of the contract are enforceable. The Blue Pencil Rule allows the legally-valid, enforceable provisions of… Continue Reading →

Freedom of Religion

India is one of the most diverse nations in terms of religion, it being the birthplace of four major world religions: Jainism, Hinduism, Buddhism and Sikhism.   Freedom of religion in India is a fundamental right guaranteed by Article 25-28… Continue Reading →

Burden of Proof

The law of evidence is a crucial part of legislature which supplements court’s proceedings. Evidence is the material that establishes a claim or an assertion and enables the court to come to a just decision. The Law of evidence is… Continue Reading →

Media Laws

What Is Media? The term media, which is the plural of medium, refers to the communication channels through which we disseminate news, music, movies, education, promotional messages and other data. It includes physical and online newspapers and magazines, television, radio,… Continue Reading →

Equality before Law

Equality before law is one of the basic principles of liberalism. Thus, law should make sure there is no discrimination among the individuals or group of individuals. Article 7 of the Universal Declaration of Human Rights (UDHR) states: “All are… Continue Reading →

Basic Structure of Constitution

The Constitution of India has stated some basic features that cannot be altered through amendments by Parliament. This is known as BASIC STRUCTURE DOCTRINE. This gives power to Supreme Court to review and repeal the Constitutional amendments and acts enacted… Continue Reading →

Notice under section 138 Negotiable Instrument Act

Introduction Negotiable Instruments are written statements implying payment of money, either on demand or within a time period with the drawer’s/payer’s name on it. In India, Negotiable Instruments Act, 1881 codifies the law governing transactions involving negotiable instruments. There are… Continue Reading →

Constitutional Law: Overview

INTRODUCTION When this world was created by God, then he created human beings. These human being for their benefits started creating various rules and regulations in order to control society from evil practices. The said system of rules and regulations… 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 →

Special Economic Zones

Introduction Special Economic Zones (SEZ) are a specially delineated duty and tax free enclave and shall be deemed to be foreign territory for the purpose of trade operations and duties and traffic. Any person who, intends to set up a… 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 →

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 →

Torts in Cyber World

With the progression of technology, we find ourselves interacting with each other in “new worlds”. The Cyber world or Cyberspace, a popular culture from the science fiction that depicted a global technological environment, is far from fiction in today’s reality…. Continue Reading →

Breach Of Contract Notice

INTRODUCTION When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract. While there are many ways to breach a contract, common failures include failure… 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 →

Farm Debt Mediation

Farm Debt Mediation enables the Farmers to mediate their disputes with creditors, and the mediation process provides the farmers an
opportunity to explain what is or has wedged on their capacity to repay debts and to seek mediation facilities for an outcome which
enables and empowers farmers to face the creditor for a structured negotiated deal and to avoid the risk of legal proceedings.

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 →

Debt Mediation

DEBT MEDIATION is a Mediation between Creditors and Debtors , and the same can be much effective if we creating a pool of DEBT MEDIATORS, and by expediting with global standards, process and programmes, in consultation with national rules and regulations in the backdrop of general mediation practices.

Highlights of Consumer Protection Bill 2018

The Parliament has come up with a revolutionary form of Consumer Protection Bill this year, in 2018 in order to replace the old act of Consumer Protection Act, 1986. The Bill introduces, numerous new features like concepts of product recall,… 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 →

Environmental Protection

Like every other developing countries, India has environmental problems which are not confined to side effects of industrialization but reflects the inadequacy of resources to provide the infrastructural facilities to prevent industrial pollution. Although various legislation dealt with several environment… Continue Reading →

Media and Entertainment Law in India

“One of the objects of a newspaper is to understand the popular feeling and give expression to it, another is to arouse among the people certain desirable sentiments, and the third is the fearlessness to expose popular defects.” – Mahatma… 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 →

Sedition – A Draconian Law

In India, you can be charged with sedition for liking a Facebook post, criticising a yoga guru, cheering a rival cricket team, drawing cartoons, asking a provocative question in a university exam, or not standing up in a cinema when the national anthem is being played. Introduction… Continue Reading →

Writs – Provisions in Indian Constitution

Injustice anywhere is a threat to  Justice everywhere                           -Martin Luther  King Jr We might have a thought of how our Fundamental Rights are protected and what the… Continue Reading →

Special Status to Jammu & Kashmir

Permanence of special autonomy On August 15, 1947, when India and Pakistan became independent states, the kingdom of Jammu and Kashmir did not cede to either dominion. Instead, its maharaja proposed a “Standstill Agreement” with both countries. In 1946, when… Continue Reading →

Whether ad hoc judges are entitled to retiral benefits ?

Ad hoc literally means “for this” in Latin, and in English this almost always means “for this specific purpose”. Issues that come up in the course of a project often require immediate, ad hoc solutions. An ad hoc investigating committee… 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 →

Different Types of Negotiable Instruments

NEGOTIABLE INSTRUMENTS The word “negotiable” means “Transferable by delivery” and the word “instrument” means “a written document by which a right is created in favour of some person. Thus, the term “negotiable instruments” means “a written document transferable by delivery.”… Continue Reading →

Uniform Civil Code Under Article 44 Of The Constitution

INTRODUCTION The Constitution of India is the supreme law of the land.[i] It guarantees protection to every citizens and people in India. It provides for the frame-work of the organs of the Government. Not only this, the Constituent Assembly drafting… 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 →

Appeal, Revision and Review

Reverence of life is the highest court of appeal — Albert Schweitzer Article 21 of the Constitution states that, “no person shall be deprived of his life or personal liberty except according to procedure established by law.” Thus every person… Continue Reading →

Legality of Derivative Transactions

Introduction It can be understood from the word ‘derivative’ itself, that it carries no value of its own, rather any attributed value is ‘derived’ from that of an underlying asset “It is a contract for the exchange of cash or… 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 →

Adultery In India

INTRODUCTION: In Indian society, marriage is considered as very important social institutions and the State should punish those who violate the sanctity of marriage. The chapter XX in Indian Penal Code, 1860 deals with the offences relating to marriage. This… Continue Reading →

Private Company v/s Public Company

The word ‘company’ is derived from the Latin word (Com=with or together; panis =bread), and it originally referred to an association of persons who took their meals together. In the leisurely past, merchants took advantage of festive gatherings, to discuss… Continue Reading →

The Probation of Offenders

The word probation is derived from the Latin Word “Probare”. In legal parlance probation means the release of an offender from prison, subject to a period of good behaviour. According to Black’s Law Dictionary probation is “a court imposed criminal… Continue Reading →

Steps To File RTI in India

Throughout the world, the right to information is seen by many as the key to strengthening participatory democracy and ensuring more people-centered development. Nearly 70 countries around the world have now adopted comprehensive Freedom of Information Acts to facilitate access… Continue Reading →

Cyber Bullying

DEFINITION: – The term ”cyber bullying”  is  the combination of two words “ cyber” and “bullying”. The meaning of the cyber is given in the dictionary as “ relating to or characteristic of the culture of computers, information technology, and… Continue Reading →

  Live In Relationships In India

India being a conservative in nature, consider marriage as sacred. Till the end of 20th century live in relation was illegal in India. Though it has been legal from the beginning of 21st cent but the Indian society still cannot… Continue Reading →

Counterfeit Laws In India

Counterfeit laws in India covers: copyright and related rights (i.e. the rights of a performer, producer of sound recording & broadcasting organisation); trademarks including service marks; geographical indications; industrial designs; patents ; layout designs of integrated circuits; and undisclosed information… Continue Reading →

Wrongful Confinement Vs Wrongful Restraint

In any country, in any law holding a person against his/her will is not only a crime but is also morally wrong. In India, Wrongful Confinement and Wrongful Restraint are two crimes which are against the Human Body and these… Continue Reading →

Grounds Of Divorce In India

In India, over the years ,  divorce rate has been increasing. But still India is one of the country with lowest rate of divorce in the world. India has  different  laws for matters relating to marriage, succession , inheritance etc,… Continue Reading →

Essential Legal Words for Drafting – Part 3

Preclude – prevent from happening; make impossible. Prejudiced – harm or injury that results or may result from some action or judgement. Prima facie – on the face of it. Promulgation – to make known by open declaration; publish; proclaim… Continue Reading →

Substantive Law Vs. Procedural Law

Laws in are essential to maintain peace and order in any society. There are some laws which define the rights and liabilities of the parties and some others which tell how the proceedings should be carried on by the functionaries…. Continue Reading →

Essential Legal Words for Drafting – Part 2

Erect –rigidly upright or straight. Erudite – learned. Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination…. Continue Reading →

Part 1 – Essential Legal Words for Drafting

Accentuating – More noticeable. Accustomed – Customary; usual. Ad hoc – created or done for a particular purpose as necessary. Advent – arrival of a notable person or thing. Aequitas – Equity i.e. fair or just according to natural law…. Continue Reading →

Summon Cases Vs. Warrant Cases

In Criminal Procedure Code (CrPC) 1973, criminal cases are divided into summon cases and warrant cases. This categorisation of criminal cases has been done intentionally because the procedure of trial in the two cases is different as the seriousness of… Continue Reading →

Euthanasia And The Concept Of Living Wills

Euthanasia is the painless killing of oneself, voluntarily, due to suffering of terminal illness or like diseases. It is of two kinds: active and passive euthanasia. While active euthanasia allows a person to voluntarily kill himself through the directed use… Continue Reading →

Judicial Activism vs. Judicial Review

Introduction Judicial Review refers to the power of the judiciary to review and determine the validity of a law or an order while Judicial Activism refers to the use of judicial power to articulate and enforce what is beneficial for… Continue Reading →

Bail

Introduction Bail is the release of a person from prison who is awaiting trial or an appeal by depositing any form of security to ensure his submission at the required time to legal authority. The monetary value of the security,… 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 →

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