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Non-Tribal Person's Right To Settle Down and Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution

Non-Tribal Person's Right To Settle Down and Vote In Scheduled Areas Not Taken Away By 5th Schedule Of Constitution

In sum, we thus see that while taking a holistic view, the Apex Court has definitely made it indubitably clear that non-...

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29 and 39 of Constitution

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29 and 39 of Constitution

All told, we thus see that the Himachal Pradesh High Court has made it indubitably clear that maternity leave is a funda...

The `Supreme' And The `Supremer'

The `Supreme' And The `Supremer'

Let us now examine the practical application of the new interpretation given to the language of Article 324(2). It is ea...

Suggestions Of SCBA President Must Be Now Considered Promptly And Most Seriously

Suggestions Of SCBA President Must Be Now Considered Promptly And Most Seriously

Speaking strictly for myself, I very strongly feel that the post of Chief Justice of India must certainly have a minimum...

Critical Analysis Of Inheritance Rights And Impact Of Conversion

Critical Analysis Of Inheritance Rights And Impact Of Conversion

In addition to causing a gap in Indian society, religious violence has increased as a result of the conversions. This is...

Balancing Faith And Freedom: Navigating India's Anti-Conversion Of Religion Laws

Balancing Faith And Freedom: Navigating India's Anti-Conversion Of Religion Laws

The conversation around anti-conversion laws in India is complex and is deeply intersecting with the nation's commitment...

Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable

Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable

Finally and far most significantly, the Bench concludes by holding in para 16 that, "The present case is yet another ins...

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/Children's Court

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/Children's Court

All told, we thus see that the Jammu and Kashmir and Ladakh High Court at Jammu has made it entirely clear that the revi...

100% Reservation For Women Is Unconstitutional

100% Reservation For Women Is Unconstitutional

Equally significant is what is then further held in para 28 that, "Thus, 100% reservation for female candidates for appo...

Identify And Take Immediate Steps For Removal Of Encroachments From Lands Meant For Airport

Identify And Take Immediate Steps For Removal Of Encroachments From Lands Meant For Airport

In a nutshell, there can be no two views that what the Patna High Court has directed to all the DMs and the concerned au...

Covid-19 Pandemic In India And The Remedial/Protective Steps Taken By Judiciary

Covid-19 Pandemic In India And The Remedial/Protective Steps Taken By Judiciary

That apart, High Court of Telangana from time to time issued Standard Operating Procedure for conduct of cases in all co...

Judicial Remand And Police Custody

Judicial Remand And Police Custody

It prevents any infringement with the rights of an individual during detention of administration of a criminal system ex...

Bail

Bail

Bail, Presumption of Innocence, Liberty vs Custody, Judicial Discretion, Bail Jurisprudence...

Analysis Of Criminal Jurisprudence

Analysis Of Criminal Jurisprudence

A person who is in imminent and reasonable danger of losing his life or limb may in exercise of self defence inflict any...

What Is Judiciary?

What Is Judiciary?

In case any law is found ultra vires (unconstitutional), it is rejected by the judiciary and it becomes invalid for futu...

Marital Rape: Marriage Or Rape; Legal Or Illegal?

Marital Rape: Marriage Or Rape; Legal Or Illegal?

The underlying premise of such challenge is that certain provision of criminal law has unnecessarily criminalized someth...

Legal And Functional Perspective Of Primary Evidence

Legal And Functional Perspective Of Primary Evidence

The sole purpose of adding explanation is that the legislature wanted to further fortify the definition with illustratio...

Sedition

Sedition

The word "sedition" thus disappeared from the Constitution when it was adopted on November 26, 1949, and Article 19(1)(...

Procedure Applicable To Revenue Officers

Procedure Applicable To Revenue Officers

Ajay Kumar Jindal, Advocate(B.Sc., LL.M) and Abhay Kumar Jindal, Advocate(B.A. LL.B(Hons.))...

Sanctity of Limitation Period Prescribed Under Land Acquisition Act 1894

Sanctity of Limitation Period Prescribed Under Land Acquisition Act 1894

The references for enhancement in compensation are still being decided by the Reference Courts, High Courts and Supreme ...

Law Of Adverse Possession - Whether Might Is Right?

Law Of Adverse Possession - Whether Might Is Right?

Hence, various tests laid down, have not been accepted by the Hon'ble Courts, in spite of the fact same were fulfilled. ...

Law Of Adverse Possession - Whether Might Is Right?

Law Of Adverse Possession - Whether Might Is Right?

Hence, various tests laid down, have not been accepted by the Hon'ble Courts, in spite of the fact same were fulfilled. ...

There Must Be Strictest Rules For MPs And MLAs

There Must Be Strictest Rules For MPs And MLAs

One has never in last few decades ever seen a Vice President crying in such a manner! He broke down lamenting that some ...

Euthanasia- Is It "Right" To Die?

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 ...

Rarest Of Rare

Rarest Of Rare

This was done in the case of Santosh Kumar v. State of Maharashtra where the apex court upheld Bachan Singh on the groun...

Arbitrability Of Oppression And Mismanagement Disputes Under Companies Act, 2013

Arbitrability Of Oppression And Mismanagement Disputes Under Companies Act, 2013

Even section 430 of the Companies Act, 2013, gives exclusive jurisdiction to NCLT/NCLAT (National Company Law Appellate ...

Doctrine Of Precedent

Doctrine Of Precedent

With utmost respect if the Court has arrived at a conclusion without application of mind or preceded without any reason,...

Electronic Document: Admissibility And Relevancy, In The Light of Section 65B of Evidence Act, 1872

Electronic Document: Admissibility And Relevancy, In The Light of Section 65B of Evidence Act, 1872

It is necessary to provide certificate under section 65B at the stage of evidence and not at the stage of collecting evi...

Covid-19, Medical Professionals And Archaic Legal Immunity

Covid-19, Medical Professionals And Archaic Legal Immunity

Since the violence against health professionals is a wider public issue, an attempt must also be made to create awarenes...

Analysis Of Law Of Recovery Under The Indian Evidence Act

Analysis Of Law Of Recovery Under The Indian Evidence Act

The second question is concerning the admissibility of this section as being violative of Article 20(3)[14*]. This posit...

Analysis Of The Fruit Of Poisonous Tree Doctrine

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*...

When Success, Money, and Law Collide: Who Is Really Wrong?

When Success, Money, and Law Collide: Who Is Really Wrong?

Undoubtedly, someone was punished. Compensation under motor accident laws may also be granted to his family. The court f...

Right To Privacy

Right To Privacy

A separate legislation regarding right to privacy should be made so as to provide protection from the theft of citizens ...

Evolution Of Sentencing Policy Of India Post-Independence

Evolution Of Sentencing Policy Of India Post-Independence

Similarly in case reported as Govind Ramji Jadhav v State of Maharashtra - 1990(4) SCC 718, it was held that one of the ...

Secondary Evidence

Secondary Evidence

In the end, rule of justice requires that the documents should be allowed to be brought on record and it is for the cour...

Pleadings: To "Plead" Or Not To "Plead

Pleadings: To "Plead" Or Not To "Plead

Despite the fact that pleadings must contain all the assertions and cause of action Rule 2 of Order VI of the CPC clearl...