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Articles and Opinions

18
MAR
2019

Section 89, Civil Procedure Code, 1908 : A Critical Analysis

The 1990s brought liberalization to India, and with it came a docket explosion crisis, the ramifications of which we are still dealing with. S. 89 was inserted in the Code of Civil Procedure through its 1999 Amendment Act,[1] based on the recommendations of the Malimath Committee...
28
FEB
2019

Personal Liberty And Criminal Justice System

The framers of the Indian Constitution had a vision in their minds while framing the Constitution of India, to foresee certain aspects which although were not acceptable 71 years ago but which could become an integral part of the society with the change and evolution in society...
28
FEB
2019

Plea Bargain

Under the criminal justice system, the offender for any offence is required to be punished as per law of land. It is duty of the State/prosecution to prove the guilt of the accused for the criminal charges framed against him, beyond the shadow of reasonable doubt. However, Plea...
28
FEB
2019

Reversionary Suits

Since a long time, a coparcener in northern Punjab (after partition) challenged sale deed of joint family property made by Karta of Joint Hindu family under Hindu Law or reversionary heir challenged the alienation of ancestral property under the customary law. It may be noted...
15
JAN
2018

Child Labour Under International Conventions and National Legislations in India

“There can be no keener revelation of a society’s soul than the way in which it treats its children” Nelson Mandela Children are the greatest gift to the humanity and they are representative of the beautiful creation of god. They are most tender, gentle and...
15
NOV
2017

Whether a married Hindu husband can legally perform second valid marriage in the lifetime of his first legally wedded wife without obtaining divorce from her?

Note: kindly note the dates of enforcement of various acts which are mentioned in this article. Despite heavy protest by the president of India. The Hindu Marriage Act, 1955 was enforced on 18th May 1955. Section 5 of this act defines “various conditions for solemnizing...
15
NOV
2017

Whether Hindu Succession Act, 1956 has abolished the concept of joint family property of Hindu Law?

Whether Hindu Succession Act, 1956 has abolished the concept of J.F.P. of Hindu Law? 1. Hindu Law is traditionally classified into two schools of law, namely: Mitakshra and Dayabhaga. Wherein Dayabhaga school prevails in Bengal and Mitakshra school prevails in other parts of...
03
AUG
2017

Role of Higher Courts towards Subordinate Judiciary

It is the obligation and duty of the higher courts to modify or set aside orders which are contrary to law or the facts of the case. This is one of the most important functions of the superior courts. Our legal system acknowledges the fallibility of the judges and provides for...
12
JUN
2017

Fundamental Duties

Constitution of India The Constitution of India is the Supreme Law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedure, powers and duties of Government institutions and sets out fundamental rights, directive...
16
JUL
2015

Tying Us Up In Knots

Tying Us Up In Knots Gita, an immigrant from Bihar, has been working in Delhi as a domestic worker since as long as she can remember. Although 40, she is petite and looks severely malnourished. A year ago Gita sent her youngest daughter to work in her place because she was sick...
16
JUL
2015

An Analysis of Recent Amendments in Sexual Offences Laws of India

An Analysis of Recent Amendments in Sexual Offences Laws of India IN our beloved country India, where the cultures are varied and the religions are many, a woman personifies the ideals of purity and modesty. We Indians refer to our country fondly as “Bharat Mata”...
11
MAY
2015

Sodomy

It has been 165 years to the framing of our Indian Penal Code (IPC) under the British Rule but many of our laws still remain archaic. One of the controversial provisions is section 377. Inspired by the Victorian Era moral code, Section 377 criminalizes what it perceives to be...
11
MAY
2015

Socio Legal Aspects of Live-in Relationship: An Analysis

All over the Hindu and Christian worlds, marriage began as a sacrament. Marriage began as a sacrament implied a permanent and indissoluble union. It was a union not merely in this life but also in all lives to come-an eternal union. The sanctity of marriage is still deeply...
11
MAY
2015

Law, Legal Literacy, Communication Strategies And The Media: Changing Dimensions

Abstract Media, the fourth estate referring to press, as it is called, is a force to reckon within bringing welfare policies of the State in public domain. Studies have revealed that out of many sources through which dissemination of vital information for legal empowerment...
11
MAY
2015

Juvenile Justice System In India – An Overview

India has approximately over 385 million children i.e. 42% of its population, the largest for any country in the world, placing an enormous responsibility on the state & nation to rear these, as responsible law abiding citizens. They are the representatives of the future of a...
11
MAY
2015

Dna & Criminal Justice System

DNA and Criminal Justice System Era of science and technology has promoted a new dynamic social order that is not only highly competitive but also reflects the transformation in industrialization, demographic transition, and integration of a global economy. On one hand knowledge...