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 2 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 15 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 17 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 19 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 25 days ago
Why is Marital Rape still not a crime in India?
Criminal Law

Why is Marital Rape still not a crime in India?

While practically every nation in the world recognises unwanted sexual contact between a husband and a wife as a crime, India yet remains to be one of thirty-six nations that has yet to prosecute marital rape. It is a socially accepted norm that after engaging in a marital relation, a wife is considered to give her husband eternal agreement to have sexual relations with her. This makes it highly essential to bring out changes in the marital laws of nations worldwide in order to establish rule of equality and maintain order of justice, especially in a “Nation of Goddesses” like India.

Continue Reading about 28 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
10 Tenancy Laws Every Landlord & Tenant Should Know
Recent Updates

10 Tenancy Laws Every Landlord & Tenant Should Know

Indian government has established and approved the Rent Control Act, 1948 for the purpose of controlling rental costs and protecting tenants' rights against arbitrary eviction.  Landlords and tenants have specific rights that are protected by this law, which is enacted by the state's government. A few things a landlord and a tenant have to keep in mind while dealing with the process of renting out property, which includes written agreement, the amount of payable rent, security deposit, conditions regarding damage to the property during tenancy and so on.

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.

Continue Reading about 1 months ago
Virtual Duopoly in Telecom Sector
Recent Updates

Virtual Duopoly in Telecom Sector

India has a huge population with only 12 telecom companies catering to its telecom sector. However, there has been a drastic decline from those 12 players to merely 4 players now, i.e. Vodafone India (Vodafone), Bharti Airtel (Airtel), Bharat Sanchar Nigam Limited (BSNL), and Reliance Jio (Jio). Gradually the Indian telecom sector is on the verge of becoming a duopoly, with only Jio and Airtel as the big players, which creates a threat to a healthy competitive market.

Continue Reading about 1 months ago
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
Unfolding the OBC Act, 2021
Constitutional Developments

Unfolding the OBC Act, 2021

On 10th August 2021, the Monsoon Session of Lok Sabha cleared and introduced the 127th Constitutional Amendment Bill relating to the restoration of the power of identification of OBC class to the State Authorities. This Bill, which has been unanimously supported, aims at providing clarifications to a few provisions introduced in the 102nd Constitutional Amendment Bill (102nd Bill). 

Continue Reading about 1 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 2 months ago
Stages of the Civil Suit as per the Civil Procedure Code, 1908
Legal

Stages of the Civil Suit as per the Civil Procedure Code, 1908

Any court case that involves disputes between individuals over money or any other injury to personal rights are known as civil cases. For a Civil Suit, there are two criterions- the cause of action and the claim for damages/compensation. The Civil Suit must also fulfil all the conditions laid down in Section 9 of the Code of Civil Procedure, 1908.

Continue Reading about 3 months ago
What are the different Marriage Laws in India?
Legal

What are the different Marriage Laws in India?

In India, the apex court has provided the right to life and liberty under Article 21 of the Constitution. This includes the right to get married. However, in order to be married legally, both the bride and groom must complete certain requirements that are laid down by the laws.

Continue Reading about 3 months ago
10 Important Cases of 2021
Legal

10 Important Cases of 2021

The most important thing for a law student is to be updated with the recent legal happenings and the recent important judgments. Just like 2020, this year as well the courts are hearing and deciding cases virtually after the 2nd wave that happened in India. In this article we will discuss the important judgments that took place till June 2021. Let us have a look at the most important cases decided this year-

Continue Reading about 3 months ago
Legality of Cryptocurrency in India & What does the Government say
Recent Updates

Legality of Cryptocurrency in India & What does the Government say

Humans interact with each other in many ways, one of which is exchange of goods and services amongst themselves. Ever since the beginning of human settlements people have been interacting each other for purpose of commerce. It started with barter, where one person would exchange certain item in return for some other item. 

Continue Reading about 3 months ago
Twitter no longer enjoys Legal Protection in India. But Why?
Recent Updates

Twitter no longer enjoys Legal Protection in India. But Why?

The Ministry of Electronics and Information Technology confirmed on 28th June that the micro-blogging platform Twitter had lost its intermediary status and it can no longer avail the legal protection provided to the Internet Intermediaries under Section 79 of the Information Technology Act, 2000 as it has failed to comply with the new IT Rules, 2021. Section 79 of the Act states that an intermediary shall not be liable for any third-party information or communication link made available or hosted by him, thus providing Safe Harbour Protection. This means that sites like Twitter will not be held liable if the third parties misuse the platform.

Continue Reading about 3 months ago