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Articles and Opinions

01
OCT
2020

Order XII Rule 6 – A Decree By Consent And the Challenges Ahead

“No one can make you feel inferior, without your consent” A decision of a civil suit culminates into a decree and the party in whose favour suit is decided, becomes the decree holder and the opposite party, against whom the suit is decided becomes the Judgement...
24
SEP
2020

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 Hindu Law. In my opinion, this legal position has been settled by the following judgments of the Apex Court that on partition of HUF the coparcener who receives...
19
SEP
2020

Section 67 of it Act 2000 And It’s Scope And Misuse To Violate Digital Freedom

Introduction The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament notified on 17th October, 2000. It is the primary law in India dealing with cybercrime and electronic commerce. One of the objectives of legislating the...
15
SEP
2020

Need For Regulating Media Trials

Democracy had three pillars namely, legislature, executive and judiciary till about the last three decades. But with the passage of time people perhaps felt that democracy was unstable with three legs and accordingly they evolved the freedom of speech and expression through media...
14
SEP
2020

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

This article explores two questions that arose from the recent decision of the Hon’ble Supreme Court in Mukesh Singh v. State (Narcotic Branch of Delhi), the first question is “To vitiate or not to vitiate: A legal Conundrum Survives” and the Second question is...
12
SEP
2020

Section 34 of Arbitration And Conciliation Act

Could Section 34(4) of the Arbitration Act be conjured to dispense with any ground under Section 34(2) of the Arbitration Act? Section 34(2) of the Arbitration Act gives two arrangements of grounds on which an honour might be saved. Area 34(2)(a) sets out grounds of challenge,...
08
SEP
2020

Scope Of Section 16 Arbitration And Conciliation Act, 1996

Before delving upon the issue of jurisdiction of arbitral tribunals, let us read the section 16 of the Arbitration and Conciliation Act, 1996 (in short here in after referred to as “Act“)to understand its scope and repercussions during the arbitral proceedings....
03
SEP
2020

Covid 19 And The Law In India

Coronavirus disease 2019 (COVID-19) is defined as illness caused by a novel coronavirus now called severe acute respiratory syndrome coronavirus 2, which was first identified amid an outbreak of respiratory illness cases in Wuhan City, Hubei Province, China. It was initially...
29
AUG
2020

Data Theft – Issues And Laws

INTRODUCTION With the rapid growth of the Information Technology, serious threats and challenges are being posed by different jurisdictions. Such challenges are not confined to single legal category but are spread out under different heads of law, be it Criminal Law, Intellectual...
28
AUG
2020

Necessity For Permission To Lead Secondary Evidence

Every Case, whether civil or criminal, depends upon the evidence lead in the case. It is the quality of evidence that decides the fate of the case. The Quantity of evidence is immaterial to decide the fate of the case. The study of Indian Evidence Act,1872 is most essential for a...
22
AUG
2020

Section 6, Hindu Succession Act- Vineeta Sharma vs. Rakesh Sharma:- Removing Gender Bias “We must work together to ensure the equitable distribution of wealth, opportunity, and power in our society.”-Nelson Mandela

Post-independence, the laws relating to intestate succession amongst the Hindus are governed by the Hindu Succession Act, 1956. This Act was enacted to lay down a uniform system of inheritance in the matters of succession among the Hindus. However, the principles governing...
21
AUG
2020

Contempt of Court is a Special Jurisdiction to be Exercised Sparingly And With Caution

Introduction: When proceedings in contempt are taken for vilification of the judge, the question which the court has to ask is whether the vilification is of the judge as a judge or it is the vilification of the judge as an individual. If the vilification of the judge is as an...
20
AUG
2020

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

“What you have taken, Has been from here, What you gave has been given here What belongs to you today belonged to someone yesterday, and will be someone else’s tomorrow Change is the Law of The Universe“ Bhagwat Gita It is a lesser known fact that the provisions...
19
AUG
2020

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

Introduction After the Nirbhaya’s case the Juvenile Justice (Care and Protection) Act, 2000 had been repealed and The Juvenile Justice (Care and Protection of Children) Act,- 2015 come into the force. In Nirbhaya’s case CCL had played an important role to commit the...
18
AUG
2020

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

The Juvenile Justice (Care and Protection of Children) Act, 2015 (in short ‘the Act’) was brought in the system of criminal trial wherein juvenile aged between 16-18 years can be deemed to be an adult in case of commission of heinous offences and therefore can be...
16
AUG
2020

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

A clear Rejection is always better than a fake promise. A “Suit“, is a proceeding by a party or parties against other/s in the civil court of law. The archaic term “suit in law” is found in only a small number of laws still in effect today. The term...