Article
The Writs Of Prohibition And Certiorari : A Comparative Analysis
The importance of this writ is simple- it prevents any sort of arbitrary action by a court that lacks jurisdiction to ad...
Frame of A Suit: Order II of the Code of Civil Procedure, 1908
Rule 7 provides for objections as to misjoinder. It states that all objections on the ground of misjoinder of causes of ...
The Dimensions Of Doctrine Of Res Judicata
The doctrine of Res Judicata is not applied in the income tax proceedings. -In the case of B.S.N.L. v. Union of India, t...
Quantum of Monthly Wages Notified In Terms of Section 4(1)(B) of Employees Compensation Act, 1923 - Whether Minimum or Maximum
The misconception has also probably stemmed from the isolated reading of Paragraph.26 of the above referred decision, wh...
Paradigm of Law On Regularisation of Services
Apart from the above, from time to time, government also considers that it is easy to hire and fire the daily wage/contr...
Farm Laws : Constitutional Provisions
1.4. In Schedule 7, Serial Entry No.14 (Agriculture), Entry No.26 (trade and commerce within state) and Entry No.28 (mar...
Paradox Surrounding The Statutory Age of Minority
Then in these scenarios, these three children of the same age can not be placed in the same category as this will create...
Articles 226 And 227 : Power, Scope And Difference
The above decision makes it clear that the jurisdiction under Article 227 is neither original nor it is appellate. This ...
Applicability of Real Estate (Regulation And Development) Act 2016 To Industrial Premises
Likewise in the definition of `promoter', the reference has been made to the development of land in form of plots, besid...
Necessity To Review The Policies For Utilizing The Acquired Land After Indore Development Authority V. Manoharlal By The State Governments
Therefore, any release being made now would be lacking the backing of any law and in such eventuality, even the provisio...
Custodial Violence-A Barrier On A Democratic System
In 2015 Supreme Court in DK Basu v. State of West Bengal, (2015) 8 SCC 744 case, Supreme Court of India gave its revised...
Now Time For Diagnosis of the Ills of Subordinate Judiciary
In the words of Addison, "To be perfectly just is an attribute of the divine nature; to be so to the utmost of our abili...
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...