Posts Tagged: judiciary

Recent Updates

What is Union Budget?

In the last 20 years, the budget allocation had been more focused on welfare & rural spending and infrastructure compared to defence. As government finds it very difficult to resist their spending, so as a result, they had to cut funding in a few sectors like cut on defence allocation has increased savings to pay for infrastructure and other welfare schemes.

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FSSAI: Everything you need to know

Ever seen this “FSSAI” logo on your food items and wondered what it actually is? Many people don’t even know that the full form of FSSAI is Food Safety and Standards and Authority of India. Well, in this blog, we will try to make you aware of every detail a customer should know about the food they are consuming.

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Interesting Facts about Republic Day (26th January)

“Saare Jahan Se Accha.. Hindustan Humara”

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Article 19 of Indian Constitution

Remember the Shreya Singhal Case in which she posted a comment that led to her arrest? After that incident, a constitutional provision got noticed, which is not only crucial for a democratic country but also provides a safe environment to lead the nation. In this blog, we will discuss Article 19 of the Indian Constitution. Let’s start with the basic information:

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Cyber Frauds in India: Overview & Redressal

In recent years, online payments and fraud have gained much attention. On the one hand, it’s easier for people to deal with being cashless, but on the other hand, 70% of these users have been victims of Cyber fraud. In this blog, we will look into Cyber Financial fraud and where can you report it.

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India's Land Border relations with Neighbouring Countries

If I ask you about India’s neighbouring countries, your answer would be 6? 7? 8? Well, India has a total of 9 countries in its neighbourhood, out of which 7 countries share a land boundary with India. India has a land border of 15,105 km and a coastline of 7,516 km. So why are we mentioning India’s geographical area in this blog? It’s because this blog will cover the land border relations of India with its neighbouring countries. These disputes are important to know about the security forces and the expenditures of defence forces.

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The Shah Bano Case Explained

The holy scripture of Muslim personal law has given both men and women equal rights and status. But then why its execution is debatable. Education, polygamy, maintenance, and wearing of hijab have been crucial topics of discussion and intense debate. The case of Mohd. Ahmad Khan vs Shah Bano Begum & Ors. (1985), also known as the Shah Bano case, is witnessed as one of the milestones in the history of Muslim women's fight for rights in India. It laid the ground for thousands of women to make legitimate claims that were not permitted before.

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Right against exploitation (Article 23 & 24 of the Indian Constitution)

The Right Against Exploitation (Article 23 & 24 of the Indian Constitution) is a provision of the Indian Constitution that safeguards each person's dignity. Additionally, it prohibits the following forms of coercion or incentive used to exploit or misuse services:

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Dying Declaration: Can conviction be based solely on it?

Indian Evidence Act, passed in 1872, had no clue that the world would witness great technological advancements in the future. Back then, cameras, mobile devices, the internet, etc., were unimaginable. So the law included a provision wherein anybody can record, in writing, the statement of a medically vulnerable person and get his/her thumb impression or signature. Similarly, recording a statement via gestures, signs, oral or written impressions of a victim stating the cause of his/ her death evolved to be known as a dying declaration.

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Article 14 of the Indian Constitution

Rights with a glorious history are considered to be fundamental rights. These basic human rights act as the external conditions required for a human being's capacities to develop feasibly. One of the wonderful pillars of Indian democracy is equality. A necessary corollary of the Rule of Law pervades the Indian Constitution is the right to equality before the law. There are two concepts of equality in law: First, Equality before the law and Second, Equal protection of the law. This blog will discuss the right to equality (equality before the law and equal protection of the law), the test of reasonable classification and some landmark case laws.

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42nd Amendment of Indian Constitution

The 42nd amendment act, as alleged, was India’s Constitution or Indira’s Constitution? We are saying this because the Indira Gandhi government brought the most criticised amendment of all time, known as the “mini-constitution”, which is the 42nd amendment. Every time a constitutional amendment is introduced, it undoubtedly strengthens our Indian Constitution, but it was the first time when an amendment (42nd amendment) came up to satisfy the personal ambitions of a government leader, Indira Gandhi, and not to strengthen our Constitution and Indian democracy with few of its provisions chucked out while some still in force.

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Difference between Judicial Review, Judicial overreach and Judicial Activism

Our Indian Judiciary is no longer a silent spectator. At times, when the Legislatures and the Executives fail to perform their duties, it's the Judiciary which takes action in the form of judicial review. Sometimes too much of a good thing can be bad and democracy is also no exception. Therefore, Judicial activism is a concept that originated in the USA in 1947 and has been witnessed in India since the Emergency days. This article discusses the difference between Judicial review, judicial activism and judicial overreach, their meanings, criticisms, examples and many more. So, let’s get started.

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Sedition law: What is section 124A IPC?

Kanhaiya Kumar, Aseem Trivedi, Binayak Sen, Arundhati Roy, and Owaisi are well-known for high-profile sedition charges imposed on them. Although Thomas Macaulay, who originally drafted the Indian Penal Code in 1837, included the law on sedition (Sec. 113 of the draft code), it was not inserted in the final draft of the code enacted in 1860; this omission was considered accidental. Later, in 1890, sedition was included under section 124A IPC through Special Act XVII. But, obviously, it was subjected to massive misuse.

Recent Updates

COVID BF.7 Variant: Centre issues guidelines

2023: New year, new beginnings, but at the same time it’s also a beginning for something else. We are talking about the emerging cases of COVID- 19 new variant. Is India ready to face the same even this time? No intention to scare you but it's time to get more cautious about the spread of this virus and strictly follow the government guidelines as Indian health authorities are actively taking measures after the severe new strain outbreak in China, Japan and the US.

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Trade Secret: How it can be protected?

Whenever I study IPR, I wonder what elements keep a trading business running for a long time. One of the most important factors is Trade secrets. Trade secrets are the lifeblood of various companies. With the increasing economy and competition in the market, the significance of trade secrets has also increased. Now the question arises: What can be considered a trade secret and how are they protected? We will also look into some famous cases and examples of Trade Secrets. Let’s find out more about it in the article below.

Legal

Difference between Murder and Culpable Homicide

In a law school, when semester exams are around the corner, and the questions on culpable homicide and murder stare back at law students like a challenging puzzle. And wonders what sets these two apart.

Legal

Two Finger Test: Why it is banned in India?

What do you think can be the biggest reason that most rape victims hesitate to report rape cases? One of the biggest reasons is the two-finger test. The two-finger test refers to an invasive physical examination of a woman’s vagina to check the laxity of vaginal muscles and whether the hymen is broken or not. This is a test in which the doctor puts two fingers into the woman’s vagina, and the ease with which the doctor penetrates his fingers to locate the intact hymen.

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Uniform Civil Code in India

The Law Commission of India recently reignited the “Uniform Civil Code” discussion. It has actively sought the opinions and suggestions of many religious organizations & the public regarding the Uniform Civil Code (UCC). This step came after a relatively short gap of five years when the Commission previously concluded that the UCC was not necessary or desirable.

What is Union Budget?

FSSAI: Everything you need to know

Interesting Facts about Republic Day (26th January)

Article 19 of Indian Constitution

Cyber Frauds in India: Overview & Redressal

India's Land Border relations with Neighbouring Countries

The Shah Bano Case Explained

Right against exploitation (Article 23 & 24 of the Indian Constitution)

Dying Declaration: Can conviction be based solely on it?

Article 14 of the Indian Constitution

42nd Amendment of Indian Constitution

Difference between Judicial Review, Judicial overreach and Judicial Activism

Sedition law: What is section 124A IPC?

COVID BF.7 Variant: Centre issues guidelines

Trade Secret: How it can be protected?

Difference between Murder and Culpable Homicide

Two Finger Test: Why it is banned in India?

Uniform Civil Code in India

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