Negligence- Not Mere Condition but A Tort In Itself
A tort is an act or omission which gives rise to harm or personal injury to another and that amounts to a civil wrong for which court imposes civil liability. … Read More
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Consumer Protection Act 2019 and its Salient Features
The Consumer Protection Act has been regarded as the Magna Carta in the field of consumer protection for the purpose of checking unfair fair practices, defects in goods, and deficiency … Read More
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Hart and Fuller’s Debate on Law and Morality
Law and Morality share a distinctive kind of relation to each other. Some people believe Morality as the basis of Law, While others believe Both of them are very different … Read More
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Mischief under Indian Penal Code
The Indian penal code,1860 in its section 425 aptly defines mischief as Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to … Read More
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Illegally Collected Evidence and its Admissibility
The sole criterion for the admissibility of evidence in Courts in India is its ‘relevance’ as per the provisions of the Indian Evidence Act, 1872. Illegality or impropriety in the … Read More
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Doctrine of Election under Transfer of Property Act
Section 35 of The Transfer of Property Act, 1882 incorporates the Doctrine of Election. In layman language, the term ‘Election’ means choosing, and with reference to The Transfer of Property … Read More
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Appointment of Arbitrator under Arbitration and Conciliation Act, 1996
Arbitration is a dispute resolution mechanism through which parties resolve their disputes outside the courts. The dispute must be decided by one or more Arbitrators. The decision given by the … Read More
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What is E-Contracts & its uses in Modern Times
E-Contracts are agreements modelled, signed and executed between parties to the contract electronically, usually over the internet. In this digital world, with advancements in computer, telecommunications and information technology, the … Read More
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Liablity and Criminality of Drugs Dealer under NDPS act, 1985
Drugs abuse is very common in India. Drug trafficking has increased since the last three decades because of easy money and profits. To combat this trafficking in drugs, among the … Read More
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Corporate Governance in Context of M&A
For the last few decades, the evolution of Corporate Governance has taken place at a surprising speed. After the Satyam Scam, the changes introduced in the Companies Act shaped the … Read More
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Criminal Breach of Trust under IPC
Every business in the world stands and runs on the trust which one necessarily has to imbibe towards one another. The trust is the firm belief in the ability of … Read More
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Force majeure Clause and its application in COVID-19
Contracts play a vital role in everyone’s life, especially in the Business sector of any economy. The contract creates an obligation to both the parties to perform their part of … Read More
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Salient Features of Motor Vehicles (Amendment) Act of 2019
The Motor Vehicles Act originally came into effect on 1st July 1989, which replaced the Motor Vehicles Act of 1939, which had earlier replaced the first enactment of the Motor … Read More
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Setting Aside of Arbitral Award
Arbitration is a process of determining quarrels without moving to court. At times, a lawyer will mention arbitration to a client as the finest method to settle a claim. In … Read More
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Uniform Civil Code in India: An Utmost Need?
What is the Uniform Civil Code? Uniform Civil Code is basically the proposal for the codification of various personal laws prevailing in India. Other Civil and Criminal laws such as … Read More
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Succession under Muslim Law
Property is something that everyone in this world seeks to acquire. Generally, a person acquires the property of his/her ancestors during or after their death through will/ by law. succession … Read More
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Excel Crop Care Ltd. Vs. Competition Commission of India
It is true that competition is healthy for any market in the world. It forces the parties in the market to adopt innovation and research & development to keep themselves … Read More
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Equal Property Rights to Daughter – SC
A daughter always remains a loving daughter. A son is a son until he gets a wife. A daughter is a daughter throughout her life,” Justice Arun Mishra, heading a … Read More
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Difference between Dacoity and Robbery
Every crime is always against society, not against any individual. That we have been taught and for that reason, the laws are in existence. We have seen in India despite … Read More
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Amendment of Pleadings under Order 6 Rule 17 of CPC
Order VI of the Code of Civil Procedure, 1908 encapsulates the provisions regarding the pleadings. The first stage of the suit is filing a plaint in the court of law … Read More
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Wharton’s rule under Criminal Conspiracy
“The mind was apt to take pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to form parts of … Read More
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Comparative Study of Banking Laws in Australia, Canada and U.K.
Consolidation has been recognized progress in the banking industries of many jurisdictions in recent decades. In many emerging markets banks M&A has been driven by government policy initiatives for restructuring. … Read More
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Know Everything About Ayodhya Verdict -Timeline
Ayodhya, a city in district Faizabad, in the state of Uttar Pradesh, located on the banks of river Sarayu. here is a Hindus-Muslims dispute over the birthplace of Lord Rama … Read More
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Real Estate Regulations Act (RERA) and its Applicability
The main aim of the RERA act is to regulate and make the sector more transparent to stakeholder; home buyers, investors, financial institutions and allied sectors. RERA Act is implemented … Read More
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All You need to know about Prashant Bhushan’s Contempt of Court Case
Rights and restrictions always go hand in hand. There can be no right without reasonable confinements. In a similar thread of rights and reasonable restrictions, the Constitution of India provides … Read More
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Restitution of Conjugal Rights and its Constitutional Validity
Marriage is the creation of a union or bond between a husband and wife. Parties uniting in this bond of marriage commit to performing their marital duties for their lifetime. … Read More
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Do CCTV Cameras in Public Violates Human Rights
In this digital world, a life without cameras is unthinkable. Everywhere we go, we could see cameras. For example, at public places, at malls, at theatres, at parking areas, at … Read More
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IPC’s stand on Women Rights
The perpetuation of crimes against women is not a novel concept worldwide; the world is witnessing countless crimes against women every day. India is also beholding myriad cases against women … Read More
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Satyam Scam And Changes Introduced In Companies Act, 2013
It is a general phenomenon in every legal system that whenever a new law is formulated there remains some shortcomings, which leads to the huge scams, which are then rectified … Read More
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Injunction under the Specific Relief Act, 1963
The Specific Relief Act, 1963 came into force on 1st March 1964, after the Specific Relief Act, 1877 was repealed by the Parliament. The Act has its base in the … Read More
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Joseph Shine vs. Union of India 2018
Citation: 2018 SC 1676 Bench: Justice Deepak Mishra, Justice R.F Nariman, Justice D.Y Chandrachud, Justice A.M Khanwilkar and Justice Indu Malhotra Petitioner: Joseph Shine Respondent: Union of India Joseph Shine … Read More
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Inter-State Water Dispute: Legal Provisions and Judicial Decisions
The government framed the “Inter-state river water disputes act, 1956” under the command of article 262. The Constitution of India lays the foundation of an ever-evolving modern India. The most … Read More
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Doctrine Of Unjust Enrichment under Contract Law
Sections 68-72 of the Indian Contract Act, 1872 deals with certain relations resembling those created by contract. It incorporates those obligations which are known as “Quasi Contracts” under English Law. … Read More
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ADM Jabalpur v. Shiv Kant Shukla Case- 1976
Citation: AIR 1976 SC 1207; (1976) 2 SCC 521 Date of Judgment: 28th April 1976 Bench: Ray, A.N. (CJ), Khanna, Hans Raj, Beg, M. Hameedullah, Chandrachud, Y.V., Bhagwati, P.N. Petitioner: … Read More
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Buy Back Of Shares – A Corporate Business Strategy
Buy-Back of shares also known as Share Repurchase is a strategy adopted by the Corporate Bodies generally to restructure their Capital. Buy-Back of shares happens when a company buys its … Read More
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The State of Madras Vs. Srimathi Champakam: A Case Study
Citation of the case: 1951 AIR 226, 1951 SCR 525 Introduction: This case leads to the foundation of the first amendment in the Indian Constitution in 1951, and hence it … Read More
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A Critical Analysis of Capital Punishment in India and EU
Capital punishment is an execution practise as punishment for a serious crime after a proper legal trial. Capital punishment is provided when the offence is proved by a court of … Read More
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PM CARES FUND AND RTI – CONSTITUTIONAL PERSPECTIVE
Humanity has been shaken by the global pandemic of coronavirus. The pandemic initially halted the world to a standstill but there is always a saying that life never stops and … Read More
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Difference Between Contract of Indemnity & Contract of Guarantee
Indemnity in English law is defined as “a promise to keep a person harmless from the consequences of an act”. The promise may be express or implied. Going as per … Read More
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Transfer for the benefit of an Unborn Person
Transfer for the benefit of the Unborn Person has been stated in Section 13 of Transfer of Property Act. The subject of legal person or personality has been highly debated … Read More
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Contingent Contract under the Indian Contract Act
A contingent contract is an arrangement that suggests activities under specified circumstances which will lead to certain results. When an occurrence or position is dependent or contingent, it suggests that … Read More
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Step by Step Procedure to Register Your Design under Design Act
What is Design? A design consists of the visual ornamental characteristics embodied in or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter … Read More
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Foreign Judgment under the Civil Procedure Code
In simple words, foreign judgment means a judgment of a foreign court. In this new period of globalization and digitalization, the Indian legal system is often acknowledged for the importance … Read More
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Damage as a Constituent of Law of Torts
In the Law of Torts, the word “tort” can be defined by a layman as wrong or an injury. Such an injury, which can be redressed with damages to the … Read More
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Can Trademark be Jointly owned?
Trademark is anything that creates a distinction between one’s product or company with others. Necessity is the mother of invention, but without ideas, there won’t be any inventions. Humans’ intellect … Read More
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Challenges before Indian Judiciary
Indian Judiciary is one of the oldest legal systems. Right from the monarchical rule to the British era and the modern system of independent India, the Indian judicial system has … Read More
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Difference between Arbitration, Conciliation and Mediation
The key ADR options to civil proceedings are Arbitration, Mediation, Conciliation, Negotiation, etc. These techniques are swift, confidential, and commonly much less pricey than a trial. Turmoil and discord are … Read More
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Concept of Legal Sanction
A legal sanction is a broad term that can have different meanings in different contexts. Sanction can be used to describe tacit or explicit approval. Used in this sense, the … Read More
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The Jurisdiction in Cyberspace- Is the law really enforceable in Cyberspace?
The Cyberspace has been booming since the past few years and its widespread use has gathered a huge user base. With its rampant usage, there have been many malpractices involved … Read More
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Difference between holder and holder-in-Due-course
Usage of cheques, bills of exchange, promissory notes commonly known as negotiable instruments have become very common nowadays. With the increase in usage of these systems, there has been an … Read More
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Public Nuisance
A nuisance is an act which is harmful or offensive or causes annoyance or trouble to someone. In Law, one can ask for legal remedies when someone commits such an … Read More
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Changing landscape of Corporate Borrowings in India
Corporate sector either through debts or equity arranges for its finance. The transaction of these debts is managed by the external commercial borrowings. This deals with all the transactions involving … Read More
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Shreya Singhal: A Landmark Judgement
Shreya Singhal is a landmark judgement, which upholds the democratic principles of the nation and safeguards one of the most important rights in a democracy. Section 66A in The Information … Read More
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Assignment and Transmission of Trademarks in India
Trademarks were initially popularized during the industrial revolution. With the rising competition in the market economy, manufacturers began to identify their products by certain symbols. mark or devices so as … Read More
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Patentable and Non-Patentable Inventions under Patent Law
Some time ago, the proposal of safeguarding intellectual property and particularly making the use of patents to acquire such safeguard was unfamiliar to the communications and the infotech field. At … Read More
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Doctrine of Indoor Management and Constructive Notice.
What is a company? A company can be defined as a legal entity formed by a group of people or by an individual to carry on business. The organisation of … Read More
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Why a Separate Juvenile Justice System?
Children in conflict with law belong to one of the most vulnerable sections of children in India. Rule of law and access to justice are the basic requirements for a … Read More
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Law and Liberty
The laws which pay due regard to the spirit of liberty are known as good laws. Gettell has very aptly remarked in this respect, “Sovereignty carried to the extreme becomes … Read More
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Auditors and their Roles & Responsibilities under Companies Act
In any private enterprise, an auditor performs a momentous function. Every enterprise is needed to submit its audit records as the financial period advances. The revenue and expenditure account of … Read More
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Right to Privacy: Recent Legal Development
Privacy in a general term means a state in which a person is free from public attention. Privacy is part of everyone’s life, everybody needs his/her privacy, to do any … Read More
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All you need to know about the lifting of the Corporate Veil
What is the Corporate Veil? Lifting of the corporate veil means disregarding the corporate personality and looking behind the real person who is responsible for the control of the company. … Read More
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Dissolution of Company
What is dissolution? As per the Dictionary the action of formally ending or dismissing an assembly, partnership, or official body. What is the dissolution of the company? Company is said … Read More
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Police Reforms in India: A Need of Hour
Context The recent horrendous case of custodial death of P. Jayaraj and Benicks in the state of Tamilnadu has once again ignited the debates on the working of police administration … Read More
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The Use of Chemical Weapons in Syria- The Role of International Law.
Syrian chemical weapons program began in the 1970s. Post-training from Egypt and the Sovereign Union, weapon production started in the 1980s. Syria was ranked number 3rd in the stockpile of … Read More
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Trademark in the Fashion Industry
Intellectual activity is the functioning of mind by various methods and measures. Intellectual activity in discoveries, science, creation, or industry gives an emergence to legal rights i.e. Intellectual Property Rights. … Read More
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Marital Rape: Irrecognizable Offence
Rape by an outsider is a penal offence under section 375-376 of IPC. Shockingly, sex by the spouse with his better half without her consent is marital rape and it … Read More
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A Study of the Patent System in India in the light of the Patent Cooperation Treaty
Introduction of the Patent Cooperation Treaty: The Patent Cooperation Treaty is considered to be of great importance with regards to treaties for filing patents. The Patent Cooperation Treaty lays down … Read More
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Censorship of the Press: Effects and Consequences
“Censorship is to media as lynching is to justice.” The media and entertainment industry has consistently expanded and continues to expand at a national and international level, particularly with the … Read More
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Genocide under International criminal law
Genocide is one of the most heinous crimes against humanity. It involves the mass extermination of a large group of people in order to wipe out their complete existence. Although … Read More
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Custodial Death of Jayaraj & Bennix: A Time to Re-look Police Reforms
After starting of the movement for justice of George Floyd, another heinous case of police brutality comes where a father and son — P Jayaraj, 58, and his son Fenix, … Read More
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Mistake of Law and Mistake of Fact under Indian Contract Act, 1872
In Contract Law, there is a concept of consensus ad-idem which literally translates to the meeting of the minds. To an ordinary person, it could be explained by saying that … Read More
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What are RBI-Open-Market Operations [OMO]?
Our country’s central bank, the Reserve Bank of India (RBI) controls the issue and supply of the Indian rupee. The RBI plays an important part in the Development Strategy of … Read More
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General Exceptions to Criminal Liability
Every person living in this world have Private Rights. Each person should respect another’s private rights. Hence, every private right is protected by law. Any act that infringes another person’s … Read More
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Legality of Lockdown in India
“An Ounce Of Prevention Is Worth A Pound Of Cure”-The proverb is best suited during this COVID-19 crisis. On 24 March 2020, Prime Minister Narendra Modi pronounced that India would … Read More
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Role Of the World Bank And IMF In International Trade And Globalization
Globalization means an association of people, cultures, economies by the way of cross border trade throughout the world. In simple words, Globalization brings the whole world together. It is with … Read More
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St. Thomas Aquinas’ Contributions towards Law
Amidst all the eminent scholars like William of Ockham, Duns Scotus, Averroes and other philosophers, St. Thomas Aquinas was one of the greatest scholastic philosophers of his time. He was … Read More
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A Comprehensive Analysis of Criminal Intimidation
The Crime Prevention System and the Law Enforcement system in India embraces a number of facets within its domain. Foremost is the division of various offences under different categories under … Read More
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Theories of Mass Media and Society
It is quite evident to all of us that the mass media has become an essential part of everyone’s life. It is one of the most powerful tools of communication … Read More
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The Role Of Treaties In International Law.
What are Treaties? Treaties are formal agreements, contracts, or written documents binding the two or more subjects of international law to fulfil their promises. The rules concerning treaties between two … Read More
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India China Conflict – Know All Possible Steps India has
The recent incident in Galwan valley draws a watershed in India’s relations with China and this marks the end of a 45-year chapter which saw no armed confrontation on the … Read More
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Regional Trade Agreements: An exception to WTO’s Principles
International trade has been a fragment of life for a good time now. International trade fundamentally refers to the giving and taking of goods and services followed up between nations. … Read More
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Step by Step Procedure for Registration of Trademark in India
A trademark typically protects brand names and logos used on goods and services. Trademark is the symbol, word, or word legally registered or established by use as representing a company … Read More
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Depression and the Importance of Mental Health
In India, mental health has always been a topic that was engulfed in shame and enveloped by taboo from society. India, being the land with the film industry that produces … Read More
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All you need to know about India-China Conflict
Context: For weeks, the India-China relations dominated newspaper headlines and social media. The context is known to many. Once again the Chinese troops crossed the non-demarcated LAC at a few … Read More
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Suspension of IBC & its Alternative Remedies during COVID-19 Pandemic
Newly implemented Section 10(A)[1] in Insolvency and Bankruptcy Code, 2016( hereinafter referred IBC) provided that no application shall be filled for initiating Corporate Insolvency Regular Process ( hereinafter referred CIRP) … Read More
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Constitutionalism
What is Constitutionalism? Constitutionalism is a doctrine that states that the authority of the government will be determined through a body of laws or constitution. This is often associated with … Read More
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Legal Obligations to Pay Wages during a Lockdown
The outbreak of the global pandemic COVID-19 had put our lives at stake and to take preventive measures, the Government of India on March 14th, 2020 had declared this situation … Read More
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Difference between Common Intention and Common Object
Generally, it is said that a person can be held liable for harm caused by his own conduct and not of others. It is because criminal liability requires proof of … Read More
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Res Judicata under Civil Procedure Code
Laws of every aspect are based on principles. These principles govern the entire kingdom of jurisprudence in a country. These principles guide legislation, give legitimacy to judicial decisions and protect … Read More
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Roles and Responsibilities of RBI
The Reserve Bank of India is the Central Bank of India and the regulator of India’s Banking System. It helps the government in its role as a business facilitator. It … Read More
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Concept of Absolute Liability and Present Legal Scenario
Introduction to the Concept of Absolute Liability: Law of torts mainly relies upon the compensation for the victim due to any negligence on the part of the defendant. Paying damages … Read More
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General Defences under Law of Torts: A discussion
What is Torts? ‘Tortum’ a Latin word, meaning ‘Twisted’, this is where torts are derived from. Torts are also uncodified judicial precedents which considered of a wrongful act resulting in … Read More
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Legal Intervention on the Problems faced by Migrant Workers during COVID Pandemic
Migrant workers are amongst the most vulnerable sections of the society in terms of normalcy and emergency. It is intriguing that around 20 lakhs migrant labourers leave their home state … Read More
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Intellectual Property Rights: Future of IPR in India
With the beginning of open economies around the world countries, the legislations also altered accordingly. Liberalisation and globalisation are two methods which made multi-national companies to invest in many countries … Read More
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Buy-Back of Shares.
What are Shares? Shares are the shareholder’s interest in the corporate or financial entity’s assets These can be understood as the proportion of the money paid to the company’s capital. … Read More
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Marijuana – An Opinion on its Legalization
Cannabis is a plant which has the structure of a tall plant with divided serrated leaves, glandular hairs and a firm up going stem. It is commonly grown in hilly … Read More
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Concept of Women Directors – India and Worldwide Scenario
Gender Equality has been enshrined in the Indian Constitution in its Preamble, fundamental rights, fundamental duties and directive principles of State Policy, but despite such unambiguous equal rights given to … Read More
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A Comparative Study of Legal Framework on Euthanasia in India and the Netherlands
It is a human tendency to have the desire to live a fruitful life. However, on the other hand, every human being also can experience a feeling to end his … Read More
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Difference between Murder and Culpable Homicide
The word ―homicide has been derived from the Latin terms ― homi (man) and cido (cut). In its literal sense, ―homicide means the killing of a human being by another … Read More
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Step by Step Procedure for filing Patent in India
Respect for inventors is the key for success of a patent system. As India is slowly moving towards becoming an innovation hub of Asia, the patent filing has suddenly gained … Read More
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Comparative and Critical Analysis of Competition Act, 2002 and The Draft Competition (Amendment) BILL, 2020
The article seeks to highlight major amendments proposed by the Ministry of Corporate Affairs (MCA) to the Competition Act, 2020. The suggested amendments are a culmination of the Competition Law … Read More
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One Person Company
What is One Person Company One Person Company (OPC) is a type of Company under the Companies Act, 2013. OPC is a company that has only one person as its … Read More
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Promoter of the Company: Role and Responsibilities
A joint-stock company, in today’s times, is one of the most successful ways to become profitable. However, to convert any business into a joint-stock company is a complicated process. It … Read More
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Reasonable Classification under Article 14 of the Constitution
“Equality may be a fiction but nonetheless One must accept it as a governing principle.” Equality is one of the prime and foremost fundamental rights that an individual ought to … Read More
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Vicarious Liability
Vicarious is derived from a Latin noun ‘vicis’, which means alteration, and Liability in layman terms means, ‘responsible for something’. Vicarious Liability means the liability of a person who didn’t … Read More
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Section 138 OF Negotiable Instrument Act, 1881.
Usage of cheques, bills of exchange, promissory notes commonly known as negotiable instruments has become very common nowadays. With the increase in usage of these systems, there has been an … Read More
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Rights of Pregnant Prisoners in India
As we all have learnt in school that the Constitution of India defines the powers and specifies their respective allocations and duties between the Union and the states via three … Read More
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Traditional Knowledge and Patent Issues
There is always a way to do it better. It is just a matter of fact to find a proper and different way with proper innovations to make things even … Read More
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A Comparative Analysis of Witness Protection Schemes in India and the US
Discovery, vindication and establishment of truth are the three pillars that define every court of justice. The gathering of the evidence from a witness is the base on which the … Read More
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Declining Sex Ratio and its Related Theories
Women in have been given a place of Goddess in our society as women give life, guards it and strengthen it. Half of our population constitute of women. They have … Read More
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All You Need To Know About Lockdown 3.0
The novel coronavirus (COVID-19) that has been spreading worldwide since December 2019 has sickened millions of people, shut down major cities, prompted unprecedented global travel restrictions, and influenced the global … Read More
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The Bhilwara Model: An Example for World to Combat outbreak of COVID-19
Coronavirus – lately the topic everywhere. As of today, all of us are aware of the massive global pandemic faced by the entire world. It all started in December 2019, … Read More
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COVID 19: Know Your Legal Right in Quarantine.
World Health Organisation(WHO) has given name to novel coronavirus as COVID -19 which infects our respiratory system. COVID-19 is a respiratory illness and is largely spread via droplets in the … Read More
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Sustainability – An imperative for business
Sustainability has emerged as a mega business trend and is a measure of good corporate governance. It is a broad concept which ensures that we have and will continue to … Read More
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Role Of Motive in Criminal Matters
What is Motive ? A motive is a thing or substance which cause a person to do a proposed act[1]. It can be explained as an inducement or any particular … Read More
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Hostile Witness and their Treatment under the Indian Evidence Act
In the words of Bentham, “Witnesses are eyes and ears of justice”. Witnesses play a paramount role in our judicial system to deliver justice. They help courts to arrive at … Read More