Search Results: supreme court

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What is Maintenance under various laws?

Marriages are considered to be made in heaven, with nuptials believed to be pre-determined by destiny. However, man has ensured that over time, this match is fettered with a string of legislation. These legislations govern all the areas revolving around the concept of marriage, from the initiation to the breakdown of marriage. The entire concept of maintenance was introduced so that if there is a spouse who is not economically independent, then the other spouse would provide help so that they can make a living.

Constitutional Developments

Do you lose the Right to Privacy when you Die?

From ‘Right to equality’ to ‘Right to Constitutional remedies’. The constitution has provided us with all the rights to safeguard us from the arbitrary actions of different organs of the state. These rights not only let us enjoy our lives thoroughly without any kind of interference, but also establish a stability in the society we live in. But there is one aspect of all these rights, that all of us often ignore, and that is, what all rights would remain with us when all of us would be dead.

Legal

Attorney-Client Privilege in India

Attorney-Client privilege refers to a client’s right to refuse any disclosure of sensitive information and to prevent the attorney from disclosing the information to a third party. In other words, it is a type of understanding between the attorney and the client where any information shared by the client to the attorney cannot be further disclosed to any other person, by the attorney.This essentially refers to the rights available to the client for the protection of their own interest.

Constitutional Developments

The Need for Women Judges in the Higher Judiciary

It took almost 39 years for India to have a woman judge in the Supreme Court of India. And by the time India gets its first woman CJI, it would have completed 77 long years as one of the three pillars of Independent & democratic India. So it is high time that while appointing the judges of the High Courts and the Supreme Court, equal representation should be given to the women in the judiciary. The higher judiciary should have a reservation policy for women. When we compare the higher and lower judiciary, we can see that while the lower judiciary has 27% of female judges, the High Courts have only 12% and the Supreme Court has only 4 women judges out of 33. As we reach closer to the top of the judiciary pyramid, we see fewer women representations.

Recent Updates

Legality of Online Betting and Gambling in India

Gambling has existed in India since times immemorial. With the advancement in technology and the evolution of the internet, the concept of online betting and gambling in India has become an extremely popular mode of entertainment. Online games and lotteries are the new additions to the otherwise offline community of the gambling and betting industry.

Recent Updates

Can WhatsApp Chats be used as an Evidence?

With the advent and widespread use of electronic means to facilitate business, it is very crucial to understand the position of enforceability of such transactions in India’s Court of Law, especially the admissibility of electronic records as evidence. Majority of the businesses conduct their meetings or deals via virtual platforms like e-mails or even on messaging apps such as Whatsapp. However, it is important to understand how electronic records of conversations and documents shared on platforms like Whatsapp should be preserved and protected in order to produce them as evidence in the Court of Law. Two laws governing the electronic records are

Recent Updates

What was the Central Vista Project Case Verdict?

On 5th January 2021, the Central Vista Project received a green signal from the Supreme Court of India. A three-judge bench of Justices pronounced the 2:1 judgment, where Justices AM Khanwilkar and Dinesh Maheshwari formed the majority verdict saying that India has a large population and it is not possible for every individual to take part in the decision-making process. Hence there should be a line demarcating the public participation and the executive decisions.

Legal

What is the Interpretation of Live-in Relationship in India?

In India, marriage is considered a sacramental institution and the same is based on the principles of responsibilities and tolerance. These principles have been followed throughout the generations and people have considered it their duty to follow the principles when they get married. However, as Indian society moved forward, people started looking for alternatives to marriage as the modern youth started considering the entire concept of marriage a burden. Over the years, a drastic change in the living pattern has been observed in the Indian society.

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House Arrest: A Relief or A New Concern?

Human rights are the most basic rights available to any human being right from birth. Today, with the changing dynamics of the society, the mould of human rights is becoming more and more symmetrical. Human rights is a subject, the content of which keeps adding more chapters in human lives. Recently, a new pragmatic effort has been laid down by Supreme Court in Gautam Navlakha’s case.

Legal

Future of Cryptocurrencies after Supreme Court's Judgement

The 'Cryptocurrency' was introduced in 2009, and it has intrigued the world since then. It came in as a new revolution in the economy of not just a particular country but almost the entire globe. The most famous form of cryptocurrency is the 'Bitcoins', and the time since it was presented to the world, people have been trading and investing in it even though it was not regulated. Not regulating these cryptocurrency means that even if there are illegal activities like money laundering, fraud and even terrorist funding. This implies that there is no protection either for a consumer or for businesses.

Legal

Difference between Act, Bill, Ordinances, Rules & Regulations

Can we refer to the Specific Relief Act, Transfer of Property Act, Companies Act, Contract Act as a bill? Wait! Before refuting this question, always remember that an Act was obviously a bill once, but as these Acts have been passed in both the Houses and assented by the President so, they will not be referred to as a ‘bill’. Presidential assent distinguishes a bill from an Act. We frequently come across terms like a bill being introduced, a law being enacted, an ordinance that is being passed, and an Act coming into force. So, what's the difference? Read this article to know more in detail.

Legal

Nani Palkhivala: The Legendary Lawyer

“If a count were to be made of the ten topmost lawyers of the world, I have no doubt that Mr. Palkhivala's name would find a prominent place therein” – H.R.Khanna

Recent Updates

COVID- 19 and Disaster Management Act, 2005

The entire world is badly hit by the second wave of COVID- 19 with a large population facing medical oxygen shortage! Read on to know how MHA invoked DMA to fight this oxygen crisis.

Recent Updates

Oxygen Crisis: Does India Really Need to Import Oxygen?

Second wave of COVID-19 has been spreading like wildfire in a jungle, and the people in India are suffering the worst effect of it. The mutated Chinese Virus is spreading at a much faster rate that we have tackled during the first wave of this virus in the year 2020, also the death toll is significantly higher. The difference is evident through official figures of the government records, where in 2020 September, saw around 1 lakh cases daily which was considered as the peak period, but what we are witnessing right now is substantial surge in the number of cases, at around 3.5 lakh cases daily and this isn’t the peak for this virus yet.

Constitutional Developments

Landmark Judgments of Justice Sharad Arvind Bobde

In 2018, the position of Chief Justice of India was referred to as the ‘First among Equals’ by a bench of the SC judges in a letter to the then CJI, Justice Arun Mishra. The CJI is a high constitutional functionary and is considered utmost important when it comes to deciding the landmark cases in India. The 47th Chief Justice of India, Justice Sharad Arvind Bobde is set to retire on 23rd April, 2021. As we know ‘With Great Power comes Great Responsibility’ and in his tenure of 18th months, Justice Sharad Arvind Bobde has been a part of some of the most consequential and watershed judgments in the history.

Constitutional Developments

What is Right to Information? How to file an RTI

The Supreme Court once said that- ‘People are the masters, and the masters have a right to know how the government, meant to serve them, are functioning’. Right to information, as the name suggests, is a right given to every Indian citizen whereby they can secure access to information under the control of public authorities which will promote transparency and accountability in the working of every public authority. The RTI Act mandates timely response to citizen requests for government information.

Constitutional Developments

What is a Writ Petition & How do you file one?

The term writ has not been defined in the constitution. In common parlance, a writ may be defined as an order passed by the court directing an entity or individual to act in a particular way. Derived from British jurisprudence, a writ was basically a written letter issued to someone to do some particular act. Thus, the very concept of writ petitions can be said to have originated in the English Judicial system.

Constitutional Developments

Kesavananda Bharati Case & The Basic Structure Doctrine

Have you ever heard about a case popularly known to be the ‘Savior of our Indian Democracy’? Kesavananda Bharati v. State of Kerala (1973) is a significant and the most renowned case in the history of our country whereby a judgment was delivered to protect the democracy of India, and its popularity is because of the fact that it led to a set- up of a largest 13 Judge Bench to hear the case in Indian history. On 24th April 1963, the Supreme Court laid down the Basic Structure Doctrine in this case. In order to understand the main crux of the case let us first discuss the facts and main issue which made it a landmark one.

Search Results: supreme court

What is Maintenance under various laws?

Do you lose the Right to Privacy when you Die?

Attorney-Client Privilege in India

The Need for Women Judges in the Higher Judiciary

Legality of Online Betting and Gambling in India

Can WhatsApp Chats be used as an Evidence?

What was the Central Vista Project Case Verdict?

What is the Interpretation of Live-in Relationship in India?

House Arrest: A Relief or A New Concern?

Future of Cryptocurrencies after Supreme Court's Judgement

Difference between Act, Bill, Ordinances, Rules & Regulations

Nani Palkhivala: The Legendary Lawyer

COVID- 19 and Disaster Management Act, 2005

Oxygen Crisis: Does India Really Need to Import Oxygen?

Landmark Judgments of Justice Sharad Arvind Bobde

What is Right to Information? How to file an RTI

What is a Writ Petition & How do you file one?

Kesavananda Bharati Case & The Basic Structure Doctrine

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