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How does one navigate the legal landscape of mutual funds in India?
Mutual funds in India, regulated by SEBI under the SEBI (Mutual Funds) Regulations, 1996, play a vital role in the economy by pooling investments from individuals and channeling them into diverse asset classes like stocks and bonds. This structure, established as a trust, involves key players such a
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How does one navigate the legal landscape of mutual funds in India?
Mutual funds in India, regulated by SEBI under the SEBI (Mutual Funds) Regulations, 1996, play a vital role in the economy by pooling investments from individuals and channeling them into diverse asset classes like stocks and bonds. This structure, established as a trust, involves key players such a
lex-o-pedia
How do guardianship and parental rights prioritize the welfare of the child?
Guardianship and parental rights form a foundational aspect of family law, emphasizing the welfare of the child as the primary concern. Guided by principles like those in the Children Act 1989 in the UK and the Guardians and Wards Act, 1890 in India, decisions surrounding a child’s welfare prioritiz
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How are extortion and criminal intimidation addressed under Indian law?
This article examines extortion and criminal intimidation in Indian law, focusing on updates under the Bhartiya Nyaya Sanhita (BNS), 2023. Extortion involves forcing a person to part with property or valuables through fear, while criminal intimidation primarily uses threats to instill fear or compel
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What is the concept of ‘Deceptive Similarity’ in Trademark Law?
Deceptive similarity in trademark law refers to the likelihood of consumer confusion between two trademarks that are not identical but resemble each other closely. Defined under Section 2(1)(h) of the Trade Marks Act, 1999, it emphasizes that a mark can be considered deceptively similar if it is lik
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What is the Doctrine of Lifting of the Corporate Veil in company law?
The doctrine of lifting the corporate veil allows courts to look beyond a company’s separate legal identity to hold individuals accountable for misuse. While Salomon v. Salomon & Co. established corporate independence, courts pierce this veil in cases of fraud, tax evasion, sham operations, or enemy
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Kidnapping v/s Abduction under Indian Law
Kidnapping and abduction are distinct criminal offenses under Indian law, defined in the Indian Penal Code and Bhartiya Nyaya Sanhita, 2023. Kidnapping involves taking a minor or person of unsound mind from lawful guardianship, focusing on age and intent. Abduction, applicable to all ages, is based
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What are the types of companies under the Companies Act, 2013?
Under the Companies Act, 2013, companies are classified based on incorporation, liability, membership, and control. This classification allows businesses to align with specific regulatory and operational needs. Types include statutory companies formed through legislative acts, incorporated companies
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The Doctrines of Res-Judicata and Res-Sub Judice
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
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Lok Adalat and Permanent Lok Adalat
Lok Adalat, or “People’s Court,” is an alternative dispute resolution mechanism in India, rooted in ancient traditions and Gandhian principles of peaceful settlement. Established formally under the Legal Services Authorities Act, 1987, Lok Adalats offer informal, accessible, and cost-effective solut
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Concept of Iddat under Muslim Law
Iddat, in Islamic law, is a waiting period a Muslim woman must observe after divorce or her husband’s death before remarrying. It serves to confirm paternity, allows for emotional healing, and respects societal norms. Duration varies: four months and ten days after a husband’s death, or three menstr
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Independent and Joint Tortfeasors
In tort law, joint tortfeasors are individuals who collectively cause harm, sharing full liability, while independent tortfeasors act separately, each bearing responsibility only for their actions. Indian courts, lacking specific statutory guidance, rely on common law to distinguish between them. Jo
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Understanding Faskh : Judicial Divorce Under Muslim Law
Faskh, or judicial divorce in Muslim law, enables a wife to seek marriage dissolution through specific grounds under the Dissolution of Muslim Marriages Act, 1939. Unlike a husband’s unilateral divorce power, faskh provides women recourse based on the husband’s absence, failure to maintain, imprison
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The Concept of Dower Under Muslim Law
The concept of dower (mahr) in Muslim law represents a mandatory sum or property the husband promises to provide to the wife upon marriage. Unlike a dowry, dower is a legal entitlement for the wife and remains valid even if unspecified at marriage. Dower can be classified as specified or proper, pro
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Different Methods of Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) provides efficient, cost-effective alternatives to traditional litigation, focusing on methods like arbitration, mediation, conciliation, and negotiation. These approaches promote quicker, private resolutions that preserve relationships and reduce court burdens.
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Defamation under Criminal Law
Defamation law safeguards individuals and entities against false statements that harm their reputation, balancing this with the right to free speech. Defined under Section 499 of the Indian Penal Code and Section 356(1) of the Bharatiya Nyaya Sanhita, defamation covers both written (libel) and spoke
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The Concept of Negligence under Law of Torts
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
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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
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General Defences under Tort
General defences in tort law allow a defendant to avoid liability despite the occurrence of a tort, based on specific legal justifications. These defences, such as volenti non fit injuria (consent to risk), inevitable accident, and statutory authority, balance fairness by protecting individuals from
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Maintenance of Children and Aged Parents under the Hindu Adoption and Maintenance Act, 1956
The Hindu Adoption and Maintenance Act, 1956 (HAMA), obligates Hindus to provide for the maintenance of their children, including illegitimate ones, and their aged or infirm parents. Under Section 20, this duty extends to ensuring the provision of basic needs like food, clothing, and education. Both
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Capacity to sue and Capacity to be sued in Torts
The concept of capacity to sue and be sued in tort law defines who can initiate or defend against a civil suit for wrongful acts. While generally all individuals possess this right, certain exceptions exist based on legal disabilities, such as minors, lunatics, foreign sovereigns, and corporations.
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The Writ of Mandamus
The writ of mandamus is a powerful judicial remedy that compels public authorities to fulfill their legal obligations when they unlawfully neglect or refuse to perform a mandated duty. Recognized under Articles 32 and 226 of the Indian Constitution, this writ safeguards citizens’ rights and ensures
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The Concept of Summons and Discovery in Civil Law
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
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The Concept of Spousal Maintenance under Hindu Law
Spousal maintenance under Hindu law is governed by the Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956, and the Criminal Procedure Code, 1973. Both interim and permanent maintenance can be claimed by either spouse, with specific provisions for a wife under CrPC and HAMA. Courts c
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False imprisonment under Tort law
False imprisonment is a tort that occurs when an individual is unlawfully confined or restrained without consent or legal justification. It requires total restraint, intentionality, and lack of lawful authority. The tort protects personal liberty and offers remedies such as damages, self-help, and h
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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