Posts Tagged: judiciary

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.

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.

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).

Legal

Traffic Rules in India: Know it All

"Red 🔴: Stop!

Legal

Jury trial in India: What is the Nanavati case?

For those who haven't seen movies like 'Rustom' or any drama based on the 1959 trial of Naval Commander K. N Nanavati, who shot & murdered his wife's lover, you must read this! The case is usually taught in every law school. But for those unaware of this gripping tale, here's what you must know about the story that unfolded within those hallowed halls, forever altering the course of jury trials in India.

Legal

Law of Pre-emption

When it comes to property, especially joint property with multiple co-owners, pre-emption is a controversial issue. When combined with the prefix "pre," the Latin verb "emptum," meaning "buy or purchase," inevitably leads to the English phrase "first option to buy." In this article, we are going to learn about Pre-emption. It includes Pre-emption under Muslim and Hindu Law, its constitutional validity, and its associated rights.

Legal

What happens if a Cheque Bounces in India?

Most of us today have shifted to online payment modes such as UPI for making any transaction, as it is safer than carrying a lot of cash. But as the UPI transactions are restricted to a certain amount, one more method for making heavy payments is writing a cheque. So, imagine if our cheque bounces, then it can be so expensive & awkward for us.

Constitutional Developments

INA trials: Trial of Indian National Army in Red Fort

Since the first war of independence in 1857, many wars have been fought, be it violent or non-violent, civil or military, etc., all fought with a common objective of making India a ‘free’ nation. So, not least of all, one of the most important freedom struggles was the Indian Independence Movement launched in East Asia by the late Rash Bihari Bose, which led to the formation of INA, together with the Provisional Government of Azad Hind with Cabinet Ministers and Advisers. That is:

Legal

Same Sex Marriage in India

India, a democratic country, has recently but incompletely recognised the worth of LGBTQIA+ community. With films like Shubh Mangal Zyada Savdhaan, Laxmi, Chandigarh Kare Ashiqui, and others, our Indian cinema has also made an effort to raise public awareness. One major concern brought up by the LGBTQ population is that it is still seen as taboo in modern countries. LGBTQ persons are still not treated equally in India and several other nations.

Legal

Panchayati Raj System

Mahatma Gandhi had predicted that India would perish if the village perished. Therefore, he argued for the need for resilient, powerful settlements that could stand alone.

Legal

Types of Property available under the Law

Property has a very broad meaning in its real sense. It is not only just restricted to financial wealth and other tangible (physical) things of value, but it even includes intangibles (non-physical) such as intellectual property rights, stocks & so. Both these tangibles and intangibles can be anything which serves as a source of income or wealth. If an individual owns a property, then the most common legal property rights are the right of possession, control, the right of exclusion, derive income, and disposition. So, property usually refers to anything a person or a business has a legal title over. On having a legal title, an owner can enforce rights over it. This article explores property, its meaning, examples and types. To begin with, firstly, remember these major types of property:

Legal

Women Rights in India

Women in India have enjoyed respect & relevance from Vedic days, they were referred as ‘sahadharmini’, meaning “equal partner”. So, focus on women's empowerment or women's education was never absent. However, as time passed it is believed that the Indian culture got contaminated with the Muslim influence, conservative Middle Eastern and British culture, and that the power and respect which women enjoyed were lost.

Legal

Constitution Day: Know It's History and Importance

We all know that our Indian constitution is the lengthiest in the world. The day we celebrate our republic day is the day our constitution was legally enforced. Constitution was originally written in two languages, i.e., Hindi and English. The remarks were given on October 11, 2015, when B. R. Ambedkar's Statue of Equality memorial's foundation stone was laid by Indian Prime Minister Narendra Modi. Let us know more about Constitution Day in the article below.

Legal

Difference between Judge and Magistrate

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 with each other, or do they possess different roles in the Indian Judicial System? In order to clearly understand their positions, we must first understand India's judicial system in brief. This article will discuss who judges and Magistrates are, the difference between a Judge and a Magistrate, and the types of Magistrate in India.

Legal

Res Judicata and Res Sub Judice

The courts take the 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.

Legal

Collegium System: Everything You Need to Know

The higher Judiciary in India is known as the WatchDog of the Constitution. Ever wondered how Judges of these constitutional machineries are appointed?

Legal

Child Marriage in India

India is home to one out of every three child brides globally. 102 million of the 223 million child brides marry before turning 15 years old. These five states—Uttar Pradesh, Bihar, West Bengal, Maharashtra, and Madhya Pradesh—are home to more than half of all child brides in India. The state with the most child brides, Uttar Pradesh, has 36 million. Compared to earlier generations, child marriage is a less common practice. Over the past ten years, there has been evidence of accelerated improvement. India has made significant development in comparison to other South Asian nations. This article will discuss child marriages in India and the various laws associated with them.

Legal

Section 304B IPC: Dowry Death

One of the most evil practices in India, dowry is unfortunately regarded as a status symbol. But is it? Just like every clothing item in a fashion store has a price tag attached to it. Similarly, this practice had become synonymous with the context “groom on sale”, with even bigger and bolder price tags. In 2021, Kerala witnessed the maximum increase in dowry paid by brides. Today the government has come up with several legislations like the Dowry Prohibition Act of 1961 etc., to eliminate the dowry system, & uplift the status of the girl child by implementing many schemes. But, due to the social nature of this issue, the legislation has failed to fulfil its objective in our society.

Overview of SARFAESI Act, 2002

Strict Liability and Absolute Liability

Polygraph test: Meaning and Legality

Traffic Rules in India: Know it All

Jury trial in India: What is the Nanavati case?

Law of Pre-emption

What happens if a Cheque Bounces in India?

INA trials: Trial of Indian National Army in Red Fort

Same Sex Marriage in India

Panchayati Raj System

Types of Property available under the Law

Women Rights in India

Constitution Day: Know It's History and Importance

Difference between Judge and Magistrate

Res Judicata and Res Sub Judice

Collegium System: Everything You Need to Know

Child Marriage in India

Section 304B IPC: Dowry Death

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