Finology Blog - Latest Updates & News on Finance and Legal in India

Recent Updates

Upcoming Bills in Winter Session of Parliament 2021

Winter is here. And so is the Winter Session of the Indian Parliament! This time it is scheduled from 29th November, 2021 to 23rd December, 2021 with special adherence to COVID- 19 protocols. This date is nowadays approved by the Cabinet Committee on Parliamentary Affairs. In this Session, there will be 20 working days (i.e. 20 sittings). Every day there will be one hour of Question Hour and one hour dedicate to Zero Hour by both Houses of Parliament. Last year, the winter session could not be held due to the pandemic. The last three Parliamentary session were also curtailed due to the COVID scare.

Constitutional developments

How to Repeal Laws in India?

Many amongst us are almost familiar with the law-making process in India wherein a bill is passed by both the Houses of Parliament and then it is sent to the president for assent. But what about its repeal? Only a few would have the idea as to repeal or nullification of the laws in India. Around 58 Acts have been repealed by far. As we have seen that after a lot of resistance from the farmers; PM Modi on the auspicious occasion of Guru Nanak Jayanti addressed the nation that the government will repeal the three new farm laws in the upcoming Winter session of Parliament despite constant efforts made by the Government to convince the farmers on the benefits of the farm laws. Now, the word “repeal” here means to withdraw, annul or revoke any Act of Parliament. But why & how? To know these, read this article.

Recent Updates

Farm Laws Repealed- What led to this decision?

After a long run debate, our Indian Parliament has finally decided to repeal the three controversial farm laws which were enacted last year. Prime Minister Narendra Modi in his address to the nation has assured that the legislative process for the repeal would be completed in the upcoming Winter Session of Parliament. He also requested the farmers to return home to their families and put an end to the protest.

Recent Updates

AIBE 2021- Exam Analysis & Other Details

All India Bar Examination is an open-book exam that is conducted so that qualified law graduates can become advocates in India and practice the noble profession. Without clearing AIBE, a law graduate cannot practise in the Indian Courts. It is generally said that the All India Bar Examination is not a hard nut to crack and candidates who follow the syllabus and carry the right bare acts in the examination can clearly do so.

Criminal Law

Anticipatory Bail under CrPC and its Laws

Personal liberty is a fundamental right guaranteed by Article 21 of the Indian Constitution as a natural, vital, and essential right of individuals. This right is included in the Indian Constitution's immutable basic structure. When a person is suspected of committing a crime, the legal system is obligated to arrest them, bring them to trial, and punish them if they are found guilty. An individual's personal liberty is taken away when he is arrested, and securing bail usually sets him free. The right to personal liberty is intrinsically tied to the concept of bail. The right to secure bail stems from sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 ("Code"), as well as the aspect of anticipatory bail added by the Law Commission's 41st report.

Criminal Law

Difference between FIR & Complaint

As it is widely acclaimed that “Crime prevention is everybody’s business”, thus, the primary objective of our criminal law is to protect the law and order in society from the criminals and the law breakers. This leads us to an important question that is how we can contribute to the same? The simple answer is to report the occurrence of an offence.

Constitutional developments

Is there a law for Paternity Leaves in India?

The discussions and debates revolving around paternity leaves have started to resurface around the time when the Indian cricket team captain Virat Kohli decided to take eternity leave and chose to desert in the India-Australia test series in between. Maternity relief is provided under Article 42 of the Indian constitution as under Directive Principles of State Policy. Various legislation have also been enacted to protect women's interests at work during their maternity leave.

Constitutional developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Legal

How to read a case citation?

Whenever an individual searches for a case name, along with the case name one also finds certain letters and numbers suffixed to it. These combinations of numbers and letters after the party names are known as citations for the case laws being referred to. Reading Judgments for a Student is inevitable while in law school and often students don’t know how to look up to a case with citation.

Legal

How to become an Advocate in India?

India has a humongous judicial system which consists of more than 20 lakh of lawyers. In India when a freshly graduated law student aspires to be an advocate he or she has to go through a tedious process with the Bar Council of India. The Bar Council of India (“BCI”) is a widely recognised statutory agency that oversees the country's legal system, as established under the Advocates Act of 1961 (“The Act”) with the goal of establishing professional standards of behaviour as well as overseeing the operations of all other State Bar Councils (“SBC”). BCI is a separate legal entity that reports to the Ministry of Law and Justice of the Indian government. Due to it being a corporate organisation with a seal and everlasting succession over both movable and immovable assets, it can sue anybody who infringes on it or be sued for its acts.

Criminal Law

Why is Marital Rape still not a crime in India?

While practically every nation in the world recognises unwanted sexual contact between a husband and a wife as a crime, India yet remains to be one of thirty-six nations that has yet to prosecute marital rape. It is a socially accepted norm that after engaging in a marital relation, a wife is considered to give her husband eternal agreement to have sexual relations with her. This makes it highly essential to bring out changes in the marital laws of nations worldwide in order to establish rule of equality and maintain order of justice, especially in a “Nation of Goddesses” like India.

Recent Updates

Are Prenuptial Agreements Valid in India?

Prenuptial agreement (prenup) is a contract of European roots that is garnering its place in many other regions of the world. In its classical European philosophical sense, the contract is represented as a measure of precaution that secures the assets of both the husband and wife. In India, the concept of prenups have resurfaced time-and-again and gained popularity, such as, when Maneka Gandhi recommended the Minister of Law and Justice for the establishment of prenups as mandatory before the act of marriage. However, the legality of prenup agreements in India is a dicey road.

Recent Updates

Legal Compliances every Start-up should know

The Indian startup sector, which redefined the statistics in the aftermath of the pandemic, has the potential to be the 'engines of growth'. According to the Nasscom Tech Start-up Report 2020-21, India has 38 unicorns-startups with a valuation of more than $1 billion.

Constitutional developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21.

Recent Updates

How to file a Case in Consumer Court?

India is home to crores of consumers indulging in the market space, which ranges from small necessity products like food and beverages to luxury products like a television or a car. The Consumer Protection Act of 2019 came into effect to protect the interests of such consumers and to efficiently solve the disputes relevant to them. The process of filing a consumer court complaint has been made very convenient and fast-track for satisfaction and redressal to the consumers.

Recent Updates

10 Tenancy Laws Every Landlord & Tenant Should Know

Indian government has established and approved the Rent Control Act, 1948 for the purpose of controlling rental costs and protecting tenants' rights against arbitrary eviction. Landlords and tenants have specific rights that are protected by this law, which is enacted by the state's government. A few things a landlord and a tenant have to keep in mind while dealing with the process of renting out property, which includes written agreement, the amount of payable rent, security deposit, conditions regarding damage to the property during tenancy and so on.

Constitutional developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Recent Updates

Virtual Duopoly in Telecom Sector

India has a huge population with only 12 telecom companies catering to its telecom sector. However, there has been a drastic decline from those 12 players to merely 4 players now, i.e. Vodafone India (Vodafone), Bharti Airtel (Airtel), Bharat Sanchar Nigam Limited (BSNL), and Reliance Jio (Jio). Gradually the Indian telecom sector is on the verge of becoming a duopoly, with only Jio and Airtel as the big players, which creates a threat to a healthy competitive market.

Upcoming Bills in Winter Session of Parliament 2021

How to Repeal Laws in India?

Farm Laws Repealed- What led to this decision?

AIBE 2021- Exam Analysis & Other Details

Anticipatory Bail under CrPC and its Laws

Difference between FIR & Complaint

Is there a law for Paternity Leaves in India?

Why India Needs a Separate Law for Honor Killing?

How to read a case citation?

How to become an Advocate in India?

Why is Marital Rape still not a crime in India?

Are Prenuptial Agreements Valid in India?

Legal Compliances every Start-up should know

Is Abortion Legal in India?

How to file a Case in Consumer Court?

10 Tenancy Laws Every Landlord & Tenant Should Know

Is there a Fundamental Right to Drink Liquor?

Virtual Duopoly in Telecom Sector

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