Anticipatory Bail under CrPC and its Laws
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.

Continue Reading about 4 days ago
Difference between FIR & Complaint
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 the 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 by reporting the occurrence of an offence. 

Continue Reading about 15 days ago
Is there a law for Paternity Leaves in India?
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.

Continue Reading about 18 days ago
Why India Needs a Separate Law for Honor Killing?
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.

Continue Reading about 19 days ago
How to read a case citation?
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.

Continue Reading about 21 days ago
How to become an Advocate in India?
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.

Continue Reading about 27 days ago
Is Abortion Legal in India?
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. 

Continue Reading about 1 months ago
Is there a Fundamental Right to Drink Liquor?
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.

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Doctrine of Res Judicata and Res Sub Judice
Civil Law

Doctrine of Res Judicata and Res Sub Judice

The courts take help of several common law and theories to maintain balance and improve our judiciary system, the main aim of these theories is to access “judicial efficiency” and to guarantee that a productive pace of justice is attained and maintained in the courtroom. The  Doctrine of Res Sub Judice and Res Judicata are two of these concepts covered in this article. 

Continue Reading about 1 months ago
Difference between Judges & Magistrates
Civil Law

Difference between Judges & Magistrates

Judges and Magistrates are two terms which are often confusing for many people and these terms are generally used interchangeably or synonymously. But are Judges and Magistrates synonymous to each other or they possess different roles in the Indian Judicial System? In order to clearly understand their positions, we must firstly understand the judicial system of India in brief.

Continue Reading about 2 months ago
5 Things you must know about CLAT PG 2021
Recent Updates

5 Things you must know about CLAT PG 2021

After a long wait and delay due to the present scenario, CLAT PG 2021 was ultimately conducted offline on 23rd July, 2021. More than 10,000 students appeared for CLAT PG Programme. Analysis of the examination is as important as the exam itself.

Continue Reading about 2 months ago
How Judgment, Decree and Order are Different?
Legal

How Judgment, Decree and Order are Different?

There are certain differences between Judgement, Decree and Order. The decisions given by the court of law are either orders or decrees. A decree is followed by a judgement that is pronounced by the court after hearing the case. It is important to note that decree and order are analogous to each other. A judgment is passed by the court of law on the ground of decree or order.

Continue Reading about 3 months ago
Landmark Judgments of 2020: Must Read for Law Students
Recent Updates

Landmark Judgments of 2020: Must Read for Law Students

The Supreme Court of India has once again proved to be the guardian of justice in the country during one of the most tragic and surprising year as it not only adopted to the online mode by enhancing e-courts programs but also ensured that justice was delivered on time regarding important issues of the country. Let us have a look at the most important cases decided in the year 2020-

Continue Reading about 3 months ago
How does cybercrime cell work in india?
Recent Updates

How does cybercrime cell work in india?

Did you know that India loses five times as much in online frauds compared to burglary and theft, with some cities, registering more cybercrime cases with the police than the conventional crimes like murder, theft, burglary? In addition to the cybercrimes that have targeted the Indian consumers, businesses and government agencies, there are various other types of “insider” cybercrimes that have been reported in the country as well. Factors including the country’s increasing digitization, the position as a global outsourcing hub makes India a continuous cybercrime target. This has led to Indian consumers and agencies becoming a victim of high-profile international crimes. However, it should not be forgotten that India also generates a number of cybercrimes that affect Internet users all over the world.

Continue Reading about 3 months ago
What are the Career Opportunities after LLM in India?
Recent Updates

What are the Career Opportunities after LLM in India?

Law is one of the most promising careers in every country. A student pursing law has the option to either start practising or pursue Masters of Law on completion of LLB. A Master degree in Law is a post graduate degree in the field of law, offering specializations such as International Law, Criminal Law, Corporate Law among many others. The graduates enjoy the luxury of applying for jobs in numerous sectors that are related to there are of specialization. After the completion of LLM, equal opportunities open up in both, government and private sectors. Students pursuing LLM can build a career as a lawyer/advocate, legal advisor, law officer etc. With so many options, students are often caught in dilemmas regarding what to do after LLM.

Continue Reading about 3 months ago
High Courts in India- History, Jurisdiction, Composition
Constitutional Developments

High Courts in India- History, Jurisdiction, Composition

The High Courts of India are the highest judicial court in a every State and Union Territory. Articles 214 to 237 of the Constitution of India lay down the provisions of the High Courts. Article 214 deals with the establishment of High Courts in every state. High Courts have the power to exercise their original civil and criminal jurisdiction in any case, if the subordinate courts are not approved by the law to take up the matter due to the absence of financial or regional jurisdiction. There is a total of 25 High Courts in India.

Continue Reading about 4 months ago
Attorney-Client Privilege in India
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.

Continue Reading about 4 months ago
Ram Mandir Land Controversy Explained
Recent Updates

Ram Mandir Land Controversy Explained

The land purchase by the Ayodhya Mandir trust has become a topic of controversy with two real estate dealers being accused of allegedly purchasing a property from an individual for Rs 2 Crore and going on to sell it to the Trust for 18.5 Crores, within minutes. The Sri Ram Janmabhoomi Teerth Kshetra is a trust set up by the Prime Minister Narendra Modi's government in February 2020 to check and manage the construction of the temple based on the Supreme Court verdict. The Trust was awarded almost 67 acres of land in the ruling and 12 out of 15 members are nominated by the Centre. 

Continue Reading about 4 months ago