Thursday, November 09, 2017

Does Section 375 of IPC Include Marital Rape

Does Section 375 of IPC Include Marital Rape
In Bishnudayal v. State of Bihar, where the victim, a girl of 13 or 14 years of age, who was sent by her father to accompany the relatives of his elder daughter’s husband to look after her elder sister for some time, was forcibly ‘married’ to the appellant and had sexual intercourse with her, the accused was held liable for rape under section 376 of IPC.

Cognizance by a Magistrate: Meaning and Concept

Cognizance by a Magistrate: Meaning and Concept

Section 190 of the criminal procedure code provides that any magistrate of the first-class and any magistrate of the second-class specifically empowered by the Chief judicial Magistrare can take cognizance of any offence on the following grounds

· upon receiving a complaint



· upon a police report



· upon information received from any person other than a police officer or upon his own knowledge that such offence has been committed

Social Context Adjudication: Relevance for Trial Courts

Social Context Adjudication: Relevance for Trial Courts
The object of this article is to examine and emphasize the relevance of social context adjudication for trial courts and magistrates. "Social context"must not be ignored in adjudication, especially in an adversarial system where the judge is not an active participant of the judicial proceedings. India being unique in terms of diversity is also unique in terms of the inequalities prevalent in all systems: caste, religion, gender to name a few. It is in this context that "social context" judging or adjudication becomes all the more important.

Tuesday, November 07, 2017

Aliens In The Mist, Seeking The Legality of Undocumented Identities

Aliens In The Mist, Seeking The Legality of Undocumented Identities

Whole world is a global village. The wings of liberalisation privatisation and globalisation have enabled the whole world to fly unfettered. The series of economic transactions have not only led to flow of goods and capital but also of humans.

Friday, November 03, 2017

Decoding: Article 35-A

Decoding: Article 35-A
In the mid 20th century, the representatives to the Constituent Assembly of J&K requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State.

Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only

Monday, October 30, 2017

the pros and cons of reservation system

the pros and cons of reservation system
Pt. Jawaharlal Nehru observed that the country guards and gives an opportunity to all religions and cultures and thus brings about an atmosphere of co-operation and forbearance and the same treatment to all religious communities. ‘Sarva Dharma Samabhava’is the central idea of Indian secularism.

# http://www.legalserviceindia.com/article/l155-Abolish-Reservation.html

Non Bailable Warrant: Preventive Measure not Ultra Virus

Non Bailable Warrant: Preventive Measure not Ultra Virus

Non Bailable Warrant can be Issued for the Execution of Sentence. The power of magistrate to issue Non Bailable Warrant is further widened in the case of Sharad Jethalal Savla v. State of Gujarat , where the trial Court has committed no error in issuing a non-bailable warrant of arrest having noticed that the accused was not present at the time of pronouncement of the judgment and order of conviction and sentence in view of the provisions of Section 418 (2) of the Cr.P.C. which is a mandatory provision and also trial Court owes a duty to see that the order of sentence is executed, otherwise the accused would conveniently avoid the same.


The Role of Central Board of Film Certification

The Role of Central Board of Film Certification
Cinema most particularly appears to have always grabbed the attention of millions of masses across the globe. Projecting itself as one of the most pivotal sources of entertainment and information, the cinema not only rejoices a very prime positioning in the public domain but also serves as a tool in impacting the minds and hearts of people worldwide.Publish Post

Sunday, October 29, 2017

Shreya Singhal v U.O.I

Shreya Singhal v U.O.I



The landmark case of Shreya Singhal v Union of India (2015) is a landmark case that plays a very important role in the Indian legal system. The case revolves around the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution of India, which challenged the constitutional validity of section 66A and led to the struck down of section 66A of the Information Technology Act 2000 Section 66A is the punishment for sending offensive messages through communication services, etc.

Properties and Rights which cannot be transferable under the Transfer of Property Act, 1882

Properties and Rights which cannot be transferable under the Transfer of Property Act, 1882

In the Transfer of Property is defined in section 5 of the Transfer of Property Act as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons, and ‘to transfer property’ is to perform such act.

In this section ‘living person’ includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.

Blues of Hunger and Malnutrition

Blues of Hunger and Malnutrition
Human rights, as the name suggests, takes within its fold everything that goes with upkeep of basic inalienable rights guaranteed to human beings. From life to property, health to education, basic amenities to clean environment, everything goes along when we add things to contours of human rights by implication.

Honest And Concurrent Use of Trademark

Honest And Concurrent Use of Trademark


In John Fitton & Co, following five factors were laid down in order to have success in honest and concurrent user defense:

1. The extent of use in time and quantity and the area of the trade

2. The degree of confusion likely to ensue from the resemblance of the marks which is to a large extent indicative of the measure of public inconvenience

3. The honesty of the concurrent use

4. Whether any instances of confusion have infact been proved, and

5. The relative inconvenience which would because if the mark were registered, subject if necessary to any conditions and limitations.

Triple Talaq Explained

Triple Talaq Explained
Islam is one of the oldest religions around the world today and after Christianity it’s the second most followed religion in the world. Often these days, Islam is criticized due to frequent terror attacks and because of it’s customs of polygamy or Triple Talaq, but it gives everything in codified manner.

Tuesday, October 24, 2017

Can a Gift Deed be challenged in India?

Can a Gift Deed be challenged in India?
Section 122 of the Transfer of Property Act defines a gift deed as a legal document that describes the voluntary transfer of gift from a donor (owner of the property) to donee (receiver of gift) without any exchange of money. The donor must be solvent and should not use this tool for tax evasion and illegal gains.

Extreme Nationalism Defying Real Nationalism

Extreme Nationalism Defying Real Nationalism
Nationalism is expounded as a feeling that people have of being loyal to and proud of their country often with the belief that their country is better and more important than other countries in the world. While a patriot accepts criticism which extreme nationalist doesn't.



Nevertheless, an extreme nationalist never takes into consideration the flaws of the country, and only see and talk about douth. Nationalism can be both, a blessing as well as offensive-depending on the circumstances.

Thursday, October 19, 2017

Community lawyering in India

Community lawyering in India
A perusal of the characteristics, nature, scope, values, and strategy of community lawyering indicates that the social and political scenario in India is perfectly suited for community lawyering to flourish. The economic necessities of the different communities within India further call for the assistance of community lawyers. India is the world's largest democracy. A variety of constituencies are the constitutive elements of this democracy.

The Indian constitution is based on socialist ideals and the Directive Principles of State Policy of the Constitution endeavour to ensure social justice. The Preamble of the Constitution of India emphatically delineates socialistic ideals; the Directive Principles of State Policy recognize the socio-economic rights of citizens. Although not enforceable in a court of law in isolation, the Directives are "fundamental to the governance of the country" and every government (central as well as state governments) should incorporate such principles in governance.