Articles

Euthanasia- Is It "Right" To Die?

While the contrary view is that a patient must not suffer and `Right to life' includes within itself `right to die with ...

Analysis Of The Fruit Of Poisonous Tree Doctrine

To start with, one of the oldest cases on the same question was that of the privy council in the case of **R v. Leathem*...

Order 2 Rule 2 - A Bar To Splitting Of Evil

Unless the defendant pleads a bar of under Order 2 Rule 2 of the Code, and an issue is framed on that bar to the suit, t...

Jamabandi - A Document Of Title

The agriculturist in Punjab still feel satisfied when mutation is sanctioned in their favour in the revenue record. This...

Supreme Court Usurping The Cave Of Legislatures Like Arabian Camel - Need For Restraint Or Control On This Trend

Our Apex Court had been discharging the functions of adjudicating the constitutionality of various statutes very smoothl...

Order XII Rule 6 - A Decree By Consent And The Challenges Ahead

It would, therefore, be the duty of Court to examine in each case whether the parties have pre-existing right to the imm...

Partition Of HUF After Commencement Of Hindu Succession Act, 1956

The effect of Hindu Succession Act, 1956 on partition of HUF property is a debatable issue between the legal experts of ...

Section 67 Of It Act 2000 And It's Scope And Misuse To Violate Digital Freedom

The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament notified...

Title Section 34 Of Arbitration And Conciliation Act

(iv) It would be certain that taking a gander at the common-sense viewpoint and the idea of rights by and by included, a...

Need For Regulating Media Trials

Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, to prevent the State from making...

NDPS Act: To Vitiate Or Not To Vitiate: A Legal Conundrum Survives

Objective law is the groundwork of subjective law. Subjective law is a set of applications of objective principles onto ...

Scope Of Section 16 Arbitration And Conciliation Act, 1996

However I personally feel, that the benefit of treating the jurisdiction issue as a preliminary issue will result in qui...

Covid 19 And The Law In India

On March 24, 2020, the NDMA and NEA issued orders directing the Union Ministries, State governments and authorities to t...

Necessity For Permission To Lead Secondary Evidence

A critical analysis of this section shows that Judge may ask the party proposing to lead evidence as to how the said evi...

Data Theft - Issues And Laws

In December 2018, New York-based video messaging service Dubsmash had 162 million email addresses, usernames, PBKDF2 pas...

Contempt Of Court Is A Special Jurisdiction To Be Exercised Sparingly And With Caution

The judiciary is the guardian of the rule of law and is the central pillar of the democratic State. In our country, the ...

Section 6, Hindu Succession Act- Vineeta Sharma vs. Rakesh Sharma:- Removing Gender Bias

The term 'Coparcenary' is a much narrower body than a joint family, and consists of only those persons who have taken by...

Juvenile Justice Act, 2015 : Preliminary Assessment Evaluation: A Two-Tier Process

Be that as it may, as could be seen from the above said provision, the learned Sessions Judge or the Special Judge or th...

Preliminary Assessment Under Juvenile Justice (Care And Protection Of Children) Act, 2015 : A Sword Or Shield

Now the board has to do preliminary assessment keep above factor in mind. To come out with the conclusion board may take...

Vineeta Sharma vs. Rakesh Sharma: Clearing The Last Hurdle Towards Gender Equality In Hindu Law

3. It is proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equ...

Land In West Bengal

In our law colleges in West Bengal there is not a single paper to understand the various units of the land in West Benga...

Betting In Sports

In India, sports betting's legal status is not clear. Hence, licenses for sport wagering have been given to private oper...

Nip The Evil In The Bud- Says Order 7 Rule 11

Checking of Plaint by the Court is essentially a formal pre-admission scrutiny of the pleadings filed in the Indian law ...

An Analysis Of Faridkot Ruler Property Dispute And How The HC Upholds The Verdict

On 01.06.2020, the Hon'ble Punjab & Haryana High Court finally adjudicated the 28 years long dispute over FARIDKOT RULER...

Principle Of Res-Judicata-The Backbone Of Code Of Civil Procedure 1908

Res-Judicata and Res-Sub Judice- Res-Judicata under Sec-11 of the Code of Civil Procedure,1908 is bar on the matter and ...

The Rule is Specific Performance - Unless

The Indian Contract Act, 1872, regulates the law relating to contracts in India, and is the key Act formulating contract...

Joint Hindu Family, Ancestral and Coparcenery Property

Hindus were governed by Shastric and Customary laws which varied from region to region and sometimes it varied in the sa...

Transferee Pendent Lite Viz A Viz Lis Pendence

A serious action for disobedience of the provisions of section 52 under order 39 rule 2 A CPC, ought to be taken by impo...

Stare Decisis - The Principle Of Precedents And Its Practice In India

The principle of binding nature of precedents is known as Stare decisis et non quieta movere. Courts have developed this...

A Critical Analysis Of Limitation Viz. A Viz Claim Of Inheritance

It is settled principle of law that fraud/misrepresentation vitiate every action. In case, one co-heir prepares forged a...

Eclipse Of Rule Of Law In The Aftermath Of The Police Encounters Of The Gangster Vikas Dubey And His Allies - Now Imperative Upon The Apex Court, Human Rights Commissions, Parliamentarians And The Intelligentsia To Bring The System Back On Rails

So the Apex Court is expected to bring the system on rails without in any manner being deflected by the strong public op...