Posts Tagged: judiciary

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.

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.

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

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.

Legal

How Judgment, Decree and Order are Different?

To understand these legal terms, let's take a relatable situation—an exam centre.

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-

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.

Recent Updates

What are the Career Opportunities after LLM in India?

Two decades ago, LL.M. graduates had fewer career options available to them than today's graduates, who have a wider range of job opportunities to explore. Today, studying law opens up a world of opportunities. After completing an LL.B., students can practice law or pursue a Master of Law (LL.M.) degree. A Master's in Law is a postgraduate degree that opens doors to many specialisations. Also, LLM graduates enjoy the luxury of applying for jobs per their specialisation. The possibilities are endless, from rocking it as a lawyer or advocate to serving as a legal advisor or law officer.

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.

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.

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.

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.

Constitutional Developments

What is Public Interest Litigation (PIL)?

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence. In the USA, it was designed in the 1960s to provide legal representation to previously unrepresented groups, lie minorities, people from custody, migrant labourers, forced bonded labourers and other backward classes. It was established with the view that the ordinary marketplace for legal services fails to provide fair services to these segments of society.

Criminal Law

Section 377 and the LGBTQ Rights in India

In India, the concept of homosexuality has been successfully kept under cover for many years. Living in the 21st century, people in the LGBTQ community are still fighting for their basic rights of equality and acceptance. There is a major issue as the discrimination against the LGBTQ community is highly prevalent in the Indian society where people still consider “gay-sex” a taboo. Even though homosexuality and queer identities have been accepted by the present Indian youth, but within the boundaries of families and homes, acceptance remains a constant struggle for the people of the community.

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?

Is Abortion Legal in India?

Is there a Fundamental Right to Drink Liquor?

5 Things you must know about CLAT PG 2021

How Judgment, Decree and Order are Different?

Landmark Judgments of 2020: Must Read for Law Students

How does cybercrime cell work in india?

What are the Career Opportunities after LLM in India?

High Courts in India- History, Jurisdiction, Composition

Attorney-Client Privilege in India

Ram Mandir Land Controversy Explained

The Need for Women Judges in the Higher Judiciary

What is Public Interest Litigation (PIL)?

Section 377 and the LGBTQ Rights in India

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