The Supreme Court in State of NCT of Delhi v. Mohd. Jabir upheld procedural compliance under Section 50 NDPS Act, ruling that using "any" instead of "nearest" Gazetted Officer doesn’t invalidate the search if substantive rights aren’t prejudiced. Bail was revoked.
Ensuring Safety at Work: A Landmark step towards Justice and Dignity
The Supreme Court's landmark judgment in Aureliano Fernandes v. State of Goa revitalizes the PoSH Act, addressing systemic lapses in workplace safety for women. By mandating compliance, transparency, and training, it paves the way for equitable and harassment-free workplaces.
How does the Doctrine of Legitimate Expectation balance power with fairness?
The Doctrine of Legitimate Expectation ensures fairness in governance by protecting individuals' reasonable expectations arising from administrative promises or practices. Balancing trust and accountability, it prevents arbitrary actions while respecting public interest.
Expanding the Scope of SBO Rules: A Comprehensive look at Recent Legal Precedents and Global Comparisons
India’s evolving SBO rules spotlight transparency in corporate ownership. Recent cases, like LinkedIn India and Samsung Noida, highlight expanded interpretations of control and influence, aligning with global standards to enhance governance and prevent financial misconduct.
Faith, Identity, and Reservation: Supreme Court on Religious Conversion and Caste
The Supreme Court in C. Selvarani v. The Special Secretary-cum-District Collector ruled that religious conversions made solely to avail reservation benefits are a "fraud on the Constitution." The decision emphasizes the need for genuine conversions to uphold social justice.
What are the Inherent Powers of Courts under the Code of Civil Procedure?
The inherent powers of courts under CPC (Sections 148–153, esp. Section 151) ensure justice by addressing procedural gaps, safeguarding equity, and preventing abuse while respecting statutory limits.
The Uttar Pradesh Madarsa Education Act: A Legal Tug-of-War between Secularism, Religious Rights, and State Control
The SC upheld the UP Madarsa Act, balancing state regulation with minority rights, emphasizing secularism as coexistence, not negation, ensuring quality education without infringing religious freedoms.
How do Hart and Fuller’s theories intersect in the analysis of law and morality?
Hart’s positivism argues that law is valid through procedural origins, independent of morality. Fuller’s natural law contends that ethical principles are essential to law’s legitimacy and social respect.
Aligarh Muslim University’s Minority Status: A Landmark Supreme Court Ruling
The Supreme Court’s recent ruling restored Aligarh Muslim University’s minority status, overturning a 1967 decision. This landmark judgment redefines Article 30 protections for minority institutions in India.
Regulation of combinations under the Competition Act, 2002: Balancing growth and fair competition
The Competition Act, 2002 regulates mergers and acquisitions to prevent monopolies, fostering market fairness. The CCI balances growth with competition, ensuring consumer welfare and economic efficiency.
What is the Concept and Process of Appeal in the Code of Civil Procedure (CPC)?
Appeals in the Indian Code of Civil Procedure enable dissatisfied parties to seek higher court review of lower court judgments, ensuring fairness. They must be statutory, pertain to judicial decrees, and involve aggrieved parties.
What is Greenwashing? Why Do Sustainability Claims Need Regulation and Transparency?
Greenwashing misleads consumers with false eco-friendly claims, harming both trust and real sustainability. High-profile cases show why clear regulations and transparency are crucial for accountability.
What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
Pleadings are written statements in civil cases outlining facts, claims, and defenses. They help clarify issues, guide the court, and ensure transparency, forming the basis for an organized and fair trial.
How are the constitution, procedure, and objectives of the Central Consumer Protection Council defined?
The Central Consumer Protection Council (CCPC) in India safeguards consumer rights, promotes fair practices, and advises on policies. It fosters consumer safety, education, and ethical business practices nationwide.
The doctrines of Res-Judicata and Res-Sub Judice are essential in preventing redundant litigation and ensuring judicial efficiency. Res-Judicata, under Section 11 of the CPC, bars re-litigation of an issue already settled between the same parties. In contrast, Res-Sub Judice, under Section 10, preve
Negligence in tort law addresses failures to exercise reasonable care, leading to harm. Established by the landmark case Donoghue v. Stevenson, which introduced the “neighbor principle,” negligence requires proof of duty, breach, causation, and damages. In India, cases like Indian Medical Associatio
Understanding the Public Liability Insurance Act, 1991: Ensuring Accountability and Compensation
The Public Liability Insurance Act, 1991, safeguards individuals and communities from the risks of hazardous industrial activities. Prompted by the Bhopal Gas Tragedy, this Act mandates insurance coverage for industries handling dangerous substances, ensuring swift compensation for victims of indust
Summons and discovery are essential components of civil litigation that ensure fairness and transparency in the legal process. A summons is a formal notice issued to inform a party of legal action and compel their presence in court. Discovery, on the other hand, facilitates the exchange of relevant
Parties to Suit, Frames of Suit, and Pleadings in Civil Procedure
Civil litigation involves identifying the correct parties, framing the suit properly, and drafting precise pleadings. Parties to a suit, such as plaintiffs and defendants, must have a direct interest in the dispute. Proper framing of the suit ensures all claims and parties are aligned, avoiding proc
The Hindu Marriage Act of 1955 codified marriage and divorce among Hindus, outlining key grounds such as cruelty, adultery, desertion, and mental disorder. Sections 13 and 13B provide a structured legal basis for individuals seeking divorce, ensuring protection for both parties. Landmark cases like
In Indian law, a “Contract of Sale” involves the immediate transfer of ownership of goods for a price, while a “Contract for Sale” refers to an agreement to transfer ownership at a future date, contingent on specific conditions. The key difference lies in the timing of the ownership transfer and the
Hindu Joint Family v/s Coparcenary: Meaning, Characteristics & Key Distinctions (Hindu Law)
The Hindu Joint Family and Coparcenary are fundamental concepts in Hindu law regarding family structure and property rights. The Hindu Joint Family includes all lineal descendants from a common ancestor, encompassing both males and females, and operates under a Karta, typically the eldest male. In c
The Intersection of Business Law and Trade Secrets: Navigating Legal Challenges
Trade secrets are a vital part of business law, providing companies with a competitive edge through confidential information such as formulas, processes, and customer lists. In India, trade secrets lack dedicated statutory protection but are safeguarded under the Indian Contract Act, 1872, and commo
Adultery as a Legal Ground for Divorce under Hindu Law
Adultery remains a significant ground for divorce under the Hindu Marriage Act, 1955, where a spouse can seek divorce if the other engages in voluntary sexual intercourse outside the marriage. Although adultery is no longer a criminal offense following the landmark Joseph Shine v. Union of India jud
Understanding Cybersquatting and Trademark Infringement: Legal Challenges and Remedies
Cybersquatting involves registering domain names similar to trademarks with the intent to profit, posing a threat to brand owners. Trademark infringement, on the other hand, is unauthorized use of a trademark, leading to consumer confusion and potential harm to the brand’s reputation. In India, the
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