The Indian Contract Act, of 1872 uses the words penalty under section 74 as: "Compensation of breach of contract where penalty stipulated for :- When a contract has been broken, if a sum is name...

Cyber law is a field that is constantly changing thanks to the Internet. Cyber law covers internet commerce, freedom of speech, intellectual property rights, jurisdiction and choice of law, and...

The function of the witness is vital throughout the criminal trial. However, the state of the witnesses is truly appalling. They experience a great deal of difficulties both during and after th...

In a judicial proceeding or a trial, the examination of witness is a crucial part to discover the truth and to validate the veracity of the witness. In Indian Evidence Law, cross-examination is...

The Hikmat Ali Khan v. Ishwar Prasad Arya and Ors. case summary is provided below. A challenge challenging a ruling by the Bar Council of India's disciplinary committee was brought before the H...

The following is a summary of the case known as the "Advocate's Misconduct Case": Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, Bombay and Others. Under Section 38 of the Advoca...

A noble profession that has developed over time and become more rigorous due to traditions is advocacy. This is a summary of the case of Bar Council of Maharashtra v. Dabholkar and others, which ...

An advocate is a responsible, fortunate, and wise person who works in the noble profession of advocacy. An advocate's actions serve as examples for the society that needs to be regulated. Profe...

The respondent Baiju hired the appellant, an advocate registered with the Bar Council of Uttar Pradesh, for a land acquisition case in which Baiju sought compensation. This is an instance of th...

The most responsible, affluent, and intelligent member of society is an advocate. His actions set an example for society and should be monitored. The Bar Council of India and the Bar Council of...

The field of advocacy is honourable. The individual in society who is most responsible, privileged, and intelligent is an advocate. His actions set an example for the rest of society and should...

The case discusses the urgent necessity for revision or modification of a number of Advocates Act, 1961 clauses. In this instance, the section of the Advocates Act, 1961 dealing with disqualifi...

The case is one of the most prominent ones that the nation saw in 2020. It has to do with two tweets that Prashant Bhushan, an attorney, posted against the Supreme Court and the Hon'ble Chief J...

Baldev Raj Sharma submitted a writ petition under the 1989 decision governing Article 32. It was against the Bar Council of Haryana and Punjab's decision to deny his application to become an ad...

The Advocates Act and professional misconduct were both issues in the case. An advocate had been suspended for three years by a disciplinary committee due to allegations of professional miscond...

The following case summarises the recent Supreme Court ruling following the filing of a Special Leave Petition under Article 136 by the District Bar Association, which claimed that the order by...

Strike is a very powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of...

Lay-off is a well-known name in respect of industrial dispute also known as returning without work or keeping without work. Lay-off means putting aside the workman temporarily. The employer-emp...

The industrial disputes act extends to the whole of India. It came into the operation on 1st day of April 1947. The object of the act laid down in the preamble of act is to make provision for t...

A trade union has to perform a several trade function to achieve its objectives. It is the reason that the various action of the trade union Act 1926 providing several rights to the registered ...

Powers to withdraw or cancel the registration of trade union is given to the registrar. The registrar can use his powers in the following cases: On the basis of application If any trade ...

Section 3 to 9 of the trade union act 1926 deals with the provision of registration of the trade union. It is registered under section 3 by the registrar. The appropriate government shall appoi...

The birthplace of the trade union was Great Britain. From Great Britain, the trade Unisom crept on India along with the industrialization. The primary effects of trade unionism in India were po...

The Latin word 'Alibi' meaning 'elsewhere' or 'somewhere else' is used by the accused as a defence in criminal proceedings. It is the best evidence that can be used by a man to prove his innoce...

IntroductionAccording to Jeremy Bentham, ‘Witnesses are the eyes and ears of justice’. Witnesses wield an immense amount of power in a trial.  In many instances it is the depositi...

Women comprise half of the world's population. In spite of all development and growth, women are still victims of horrific scrims. Crimes against women are of various types and acid attack is o...

The position of schedule caste and schedule tribe is always a question mark for the society .being a developing country we are saying that we are giving an equal status to them as compared with...

Women do not need to be polite to someone who is making them feel uncomfortable. You know, what I mean right?If this is being read by a female, I'm probably hitting my goal. In India, it is see...

India is a vast country where people of various religions, castes, creeds, and socio-cultural backgrounds live. This country is diverse also concerning its diverse population. Although, the wor...

Before gaining independence in the year 1947, India was basically divided into two main sections of the society, namely The British India (which consisted of 11 Provinces) and the Princely stat...

The inherent power of the court is that which is inherent in a court by the very fact of its being empowered to exercise any jurisdiction at all so that it comes within the express sense of the...

Normally, one cannot except the final decision in the case. It is natural that any error of law or procedure might have crept in. for removing such errors, there is one method of appeal. Provis...

It is well established rule of jurisprudence that all judicial proceedings must be conducted in the presence of parties and before the court. The statements of witnesses must be made before the...

Section 79 to 82 and Order 27 of the Civil Procedure Code, 1908 lay down procedure where suits are brought by or against the Government or Public officers. The provisions provides for the proce...

The execution of decree is very important but a very difficult task, it is not so easy as it is considered. Many times, many questions arise before the court executing the decree e.g. execution...

Execution is the medium by which a decree-holder compels the judgment-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the frui...

What is an injunction? what are the various kinds of it? When it can be granted?Normally, the case lasts for a very long time and if the case is related with the property, then it becomes neces...

The main objective of justice and judicial procedure is to protect preserve and enforce the rights of parties. This is done through the judgment and decree. So long as judgment and decree are n...

The codes of civil procedure provides for four kinds of costs: General costs- Sec. 35 Miscellaneous costs- order 20A. Compensatory costs for false or claims or defences- sec. 35-a. Let ...

Section: 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res:judicata. Section -10 provides the rule with regard to stay of suits where things are under...

Decisions given by court of law are either decree or orders or Judgments. A Judgment is given in consequence of a decree and is pronounced by the court after hearing the case and can either be ...

A suit can b e disposed of on first hearing in following way: Parties not at issue. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law o...

Summon occupies an important place in judicial administration. It is well known word I judicial procedure. Normally, it is a convenient method by which any party, individual, witness or defenda...

When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, a...

The defendant or plaintiff has liberty to transfer a suit or appeal from one Court to the another Court of the similar rank and if Court satisfied with the contents of the application for the t...

It is established law that the suit should be filed in the proper court and in such court which is competent to hear such cases. For this, all types of jurisdiction of the court should be taken...

A plaint is a legal document which contains the written statement of the plaintiff's claim. A plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the content...

Before 1859, there was no uniform codified law relating to procedure of civil courts in India. In those days the crown courts at presidency towns and the provincial courts at mofussils were gov...

Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread ...

India, at present, does not have an independent statute protecting privacy; the right to privacy is a deemed right under the Constitution. The right to privacy has to be understood in the conte...

Obscenity is a kind of mind pollution and a social problem affecting the society at large. It can be defined as any picture, photograph, figure, article, write up, video, etc. or a public act w...

Every person has the right to protect his/ her fame like body and property. Actually, the right of protection of fame is more important than the right of protection of body and property. A ...

In India, as in several advanced economies, there is only one body for Self-Regulation in Advertising – the ASCI, which is concerned with safeguarding the interests of consumers whilst monito...

Media is considered as the fourth pillar of democracy, it is the eyes and ears of this society and ideally perform the function of a moral watchdog of the public interests. Correspondingly, pro...

The Executive in Indian Democracy is shielded by a special power to keep the information secret under the Official Secrets Act. Though the Constitution speaks about freedom of speech and expres...

The Media freedom is curtailed when it tends to insult the state under Sedition which is a crime under I.P.C., if it results in loss of reputation of an individual i.e., defamation, and when it...

Press and Electronic media has to report the proceedings of the Parliament and State Legislatures. In the process they may confront the privileges of the parliamentarians. Any defiance of legis...

Media simply refers to a vehicle or means of message delivery system to carry an ad message to a targeted audience. Media like TV, Radio, Print, Outdoor and Internet are instruments to convey a...

Freedom of PressAlthough Article 19 does not express provision for freedom of press but the fundamental right of the freedom of press implicit in the right the freedom of speech and expression....

The freedom of speech and expression is a very important fundamental right under the Constitution. It is indispensable for the development of one's own individuality and for the success of parl...

We are all aware that in the Pyramid of Courts of Justice in India, the Supreme Court is the Apex Court of the Country and is also considered the highest Court of appeal under Article 124 of ou...

A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born. He or she takes on the responsibi...

A person has the right to execute an Advance Medical Directive to know their decision regarding the manner and extent of medical treatment given to their body, in case they are incapacitated to...

The MRTP Act was introduced to provide that the operation of the economic system does not result in the concentration of economic power in hands of few. Through this article, an overview of the...

A prenuptial agreement or premarital agreement is an agreement or a contract that is signed by the couple who intends to get married or is soon ready to tie the knot or stay together in the for...

As per the Indian law, confidentiality clause or non disclosure clause in a contract bounds two or more parties or all the involved parties to ensure and agree that specific type of information...

Maritime LawOver the centuries, the maritime law has developed since the colonial times which are considered as a wide ranging branch of law.  The inception of the maritime law can be traced...

Indian Constitution has enshrined the basic right to equality and the right to life respectively, for every citizen of India. This means that every individual who is a citizen of our country ha...

The Power of Attorney (POA) is basically a means via which a person has the ability to authorise another individual to undertake decisions on his behalf regarding certain important aspects. The...

The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, in which substantial provisions were added to the existing Act to provid...

Alienation refers to the transfer of the ownership of property rights, for instance, sales, gifts as well as mortgages. The first step for any individual who has acquired a property in India by...

Mental Health Act, 2017 defines a guardian as a person who is appointed to look after another person. They have to assume the care and protection of the person for whom they are appointed as a ...

Online shopping in India comes with certain risks especially because you have to make a purchase without seeing or testing the product, whether it's clothing, cosmetics, personal care items, sh...

HIV/AIDS is one of the biggest challenges faced by India. There are about three million people suffering from HIV/AIDS in India. The socioeconomic condition of the country coupled with the tra...

All forms of space technology are employed in our daily lives to predict weather using satellites (INSATS), remote sensing, satellite transmissions in our televisions, and the GPS that we are s...

Initiation of Insolvency proceedings by Debtor Under the Insolvency and Bankruptcy Code, 2016 (Code), in case of an entrepreneur (Corporate Debtor) in debt may submit an application under Sectio...

Over the years, genetic tests have become more popular and affordable. For a few thousand rupees, basic predictive genetic tests can now be ordered online. According to the National Institutes ...

In the middle 1800s with the increasing uprising of the British in India, regular episodes like poor pay, racial ruthlessness, increasing cultural indifference, poor terms of pensions, etc. wer...

The exchange market or Forex is a globally decentralized or OTC (Over the top) marketplace for the trade of currencies. This market determines exchange rates for each global currency. It holds ...

When a child does not have a birth certificate, he/she may be denied access to ancillary services like health care and education. A lack of identification and support will eventually make life ...

Digital technology and new communication systems have made dramatic and drastic changes in our lives as most business transactions are being made with the help of computers. The business communit...

The transgender community in India faces a variety of issues which include problems relating to marriage, property, electoral rights, adoption, etc. to name a few. After the judgment in the cas...

In India, the term maintenance is defined by Section 125 of the Code of Criminal Procedure, 1973 as well as personal laws. The term ‘maintenance™ in Indian law refers to an entitlemen...

On 15th July 2021 Supreme Court bench led by CJI NV Ramana expressed their concern about the unbridled use of sedition law against the city which has again reignited the public debate over this...

Asthi Visarjan is a very significant ritual in the Hindu religion which means immersion of the left ashes collected from Antim Sanskar (Last Rites) of a dead person. But in the time of Covid-19...

The Ministry of Electronics and Information Technology (MEITY) and the Ministry of Information and Broadcasting (MIB) on 25.02.2021, notified the Information Technology (Intermediary Guidelines...

Some people feel that the sex they were assigned at birth doesn’t match their gender identity or the gender that they feel they are inside. These people are often called transgender.&...

With the onset of 2020, the Indian Government has sought to replace the 34 years old National Policy on Education which had been implemented in 1986 with the New Education Policy with the visio...

The National Bank for Financing Infrastructure and Development Bill, 2021 (the Bill) was introduced in Lok Sabha on March 22, 2021. The National Bank for Finance Infrastructure and Development ...

COVID-19 consequences have already been faced by the business concerning the ability to honour their commitments. Several businesses are left with no other choices but to accommodate with inade...

The Medical Termination of Pregnancy (Amendment) Act, 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women. The Amendment raises the up...

A decision that has already been taken by a higher court is binding to the lower court and at the same time stands as a precedent to the lower court judgment, which cannot be altered by a lower...

Drugs play a very important role in the management of ailment and illness in human life and in this context medical practitioners are given the responsibility of prescribing the various drugs r...

The government of India has earlier this year, introduced amendments to the Copyright Rules, 2013. The changes introduced by way of the 2021 amendment are meant to bring harmony between all exist...

The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well recognized principle among all the judicial systems of the world. Bail, in law, means procurement ...

Order XXII Rule 1 Manovikash Kendra Rehabilitation and Research Institute vs Prem Prakash Lodha [2005 (7) SCC 224] – During the pendency of the appeal if the respondent/decree-holder die...

The CLAA has also brought an amendment in the POCSO by amending section 42 of the Act. The purpose of section 42 is to give the general law of IPC an overriding effect over POCSO in the matters...

Over the last few decades, concern and outrage over the prevalence, magnitude and impact of violence against women has grown to the point that any form of crime against women is now recognized ...

Comparative law is an educational discipline in which, the legal systems of different countries are studied. This has led to the development of various branches of law, such as constitutional l...

India is one of the most biodiversity in the world, also one of the most ancient civilizations in the world. Therefore, it has a very rich treasure of traditional knowledge. It can be defined a...