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What's happening in Joshimath?

The 52-year-old carpenter switched on the lights and observed his newly-built, double-storey house found gaping cracks in the walls in 9 out of 11 rooms. The terrified 11-member family quickly shifted to 2 rooms where the walls had developed only hairline cracks. They have been ducked up there since then. 

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Right against exploitation (Article 23 & 24 of the Indian Constitution)
Legal

Right against exploitation (Article 23 & 24 of the Indian Constitution)

The Right Against Exploitation (Article 23 & 24 of the Indian Constitution) is a provision of the Indian Constitution that safeguards each person's dignity. Additionally, it prohibits the following forms of coercion or incentive used to exploit or misuse services:

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Dying Declaration: Can conviction be based solely on it?
Legal

Dying Declaration: Can conviction be based solely on it?

Indian Evidence Act, passed in 1872, had no clue that the world would witness great technological advancements in the future. Back then, cameras, mobile devices, the internet, etc., were unimaginable. So the law included a provision wherein anybody can record, in writing, the statement of a medically vulnerable person and get his/her thumb impression or signature. Similarly, recording a statement via gestures, signs, oral or written impressions of a victim stating the cause of his/ her death evolved to be known as a dying declaration. 

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How did Elon Musk lost $200 billion?
Legal

How did Elon Musk lost $200 billion?

“The pain of losing is twice as strong an emotion than the joy of winning”. 

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Article 14 of the Indian Constitution
Legal

Article 14 of the Indian Constitution

Rights with a glorious history are considered to be fundamental rights. These basic human rights act as the external conditions required for a human being's capacities to develop feasibly. One of the wonderful pillars of Indian democracy is equality. A necessary corollary of the Rule of Law pervades the Indian Constitution is the right to equality before the law. There are two concepts of equality in law: First, Equality before the law and Second, Equal protection of the law. This blog will discuss the right to equality (equality before the law and equal protection of the law), the test of reasonable classification and some landmark case laws.

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42nd Amendment of Indian Constitution
Legal

42nd Amendment of Indian Constitution

The 42nd amendment act, as alleged, was India’s Constitution or Indira’s Constitution? We are saying this because the Indira Gandhi government brought the most criticised amendment of all time, known as the “mini-constitution”, which is the 42nd amendment. Every time a constitutional amendment is introduced, it undoubtedly strengthens our Indian Constitution, but it was the first time when an amendment (42nd amendment) came up to satisfy the personal ambitions of a government leader, Indira Gandhi, and not to strengthen our Constitution and Indian democracy with few of its provisions chucked out while some still in force.

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Top 10 Landmark Supreme Court Judgments of 2022
Legal

Top 10 Landmark Supreme Court Judgments of 2022

In the past year, the Supreme Court delivered many landmark decisions, paving the way for an optimistic future. While the US Supreme Court adopted a conservative approach and took away the right to abortion, our top court took a liberal approach. It extended the right to abortion to unmarried women as well. However, certain decisions were also met with criticism.

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Difference between Judicial Review,  Judicial overreach and Judicial Activism
Legal

Difference between Judicial Review, Judicial overreach and Judicial Activism

Our Indian Judiciary is no longer a silent spectator. At times, when the Legislatures and the Executives fail to perform their duties, it's the Judiciary which takes action in the form of judicial review. Sometimes too much of a good thing can be bad and democracy is also no exception. Therefore, Judicial activism is a concept that originated in the USA in 1947 and has been witnessed in India since the Emergency days. This article discusses the difference between Judicial review, judicial activism and judicial overreach, their meanings, criticisms, examples and many more. So, let’s get started.

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Sedition law: What is section 124A IPC?
Legal

Sedition law: What is section 124A IPC?

Kanhaiya Kumar, Aseem Trivedi, Binayak Sen, Arundhati Roy, and Owaisi are well-known for high-profile sedition charges imposed on them. Although Thomas Macaulay, who originally drafted the Indian Penal Code in 1837, included the law on sedition (Sec. 113 of the draft code), it was not inserted in the final draft of the code enacted in 1860; this omission was considered accidental. Later, in 1890, sedition was included under section 124A IPC through Special Act XVII. But, obviously, it was subjected to massive misuse. 

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Trade Secret: How it can be protected?
Legal

Trade Secret: How it can be protected?

Whenever I study IPR, I wonder what elements keep a trading business running for a long time. One of the most important factors is Trade secrets. Trade secrets are the lifeblood of various companies. With the increasing economy and competition in the market, the significance of trade secrets has also increased. Now the question arises: What can be considered a trade secret and how are they protected? We will also look into some famous cases and examples of Trade Secrets. Let’s find out more about it in the article below.

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Difference between Culpable Homicide and Murder
Legal

Difference between Culpable Homicide and Murder

Two brothers, Ramesh and Suresh, have had a long-standing dispute over a piece of land. One day, the argument escalates beyond words. Ramesh, in a fit of uncontrollable rage, picks up a heavy iron rod and hits Suresh on the head. Suresh collapses, bleeding profusely. He is rushed to the hospital, but it's too late. He dies on the way. This raises a key question: Did Ramesh commit murder?

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Two Finger Test: Why it is banned in India?
Legal

Two Finger Test: Why it is banned in India?

What do you think can be the biggest reason that most rape victims hesitate to report rape cases? One of the biggest reasons is the two-finger test. The two-finger test refers to an invasive physical examination of a woman’s vagina to check the laxity of vaginal muscles and whether the hymen is broken or not. This is a test in which the doctor puts two fingers into the woman’s vagina, and the ease with which the doctor penetrates his fingers to locate the intact hymen.

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CLAT PG 2023 Paper Analysis, Answer key
Legal

CLAT PG 2023 Paper Analysis, Answer key

Expect the unexpected. This is how one can sum up the 2023 PG CLAT exam in the best possible manner. In one of the first, the Consortium of National Law Universities conducted the CLAT exam twice in the same year. The paper was conducted on 18th December 2022. The exam consists of 120 questions which one has to solve within the time limit of 120 minutes.

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Uniform Civil Code in India
Legal

Uniform Civil Code in India

The Law Commission of India recently reignited the “Uniform Civil Code” discussion. It has actively sought the opinions and suggestions of many religious organizations & the public regarding the Uniform Civil Code (UCC). This step came after a relatively short gap of five years when the Commission previously concluded that the UCC was not necessary or desirable.

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Overview of SARFAESI Act, 2002
Legal

Overview of SARFAESI Act, 2002

The finance industry is one of the important players in India's efforts to accelerate its economic development. The legal structure governing business transactions lagged behind changes in the financial industry and in business behaviour. It increased the number of nonperforming assets held by banks and other financial institutions and reduced the recovery rate of defaulted loans.

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Strict Liability and Absolute Liability
Legal

Strict Liability and Absolute Liability

Every person has certain legal rights, and it is the duty of other persons to respect them. Fault-based liability means the defendant violates the plaintiff’s rights. In No-Fault liability, the defendant is held liable to pay compensation even though he was not at fault. No fault liability is categorised into two parts: 1. Strict liability and 2. Absolute Liability. In this article, we will discuss strict and absolute liability in detail.

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Polygraph test: Meaning and Legality 
Legal

Polygraph test: Meaning and Legality 

Lie detector tests (also known as “Polygraph tests”), narcoanalysis & brain- mapping are some of the present-day revolutionary tools of forensic science that are usually proved very fruitful during police investigations. On the one hand, these methods are considered inhumane and degrading investigation tactics; on the other hand, they are also considered useful for serious or vicious crime investigations. In fact, you won’t believe but sometimes a person, while applying for a job, also undergoes a lie detector or polygraph test (say, govt. jobs with the FBI or CIA). 

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Judicial Review in India
Legal

Judicial Review in India

We all have heard phrases like the rule of law and separation of powers and often get confused. The rule of law means that no one is above the law, and the law is equally applicable to both the government and the citizens. To understand the separation of powers, first, you need to know that there are three organs of the law, i.e., legislative, executive and judiciary. Each organ is endowed with a certain amount of authority, which is equally distributed among them so that no one may interfere with the work of another while also maintaining a check and balance between them. Let us now understand what judicial review is, its provisions and the landmark cases. 

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