Mohd Aqib Aslam

Mohd Aqib Aslam

Member since: February 25, 2020
Total live articles: 170

Ph.D. Research Scholar, Department of Law, University of Jammu. Specialized in Administrative and Constitutional Law. LLM in the year 2019. Gold Medalist in LLM.

Done B.A LLB from Dogra Law College, University of Jammu in the year 2018. Got membership of Jammu and Kashmir High Court Bar Association Jammu in the year 2019.

Enrolled under Bar Council of India through All India Bar Examination (AIBE) in the year 2019. Got "Young Researcher Award 2020" and "Research Excellence Award 2020" By the Institute Of Scholars (InSc) unit of SDPL. Author of book titled "Euthanasia: Global Scenario And Its Status In India".

Recent Articles by Mohd Aqib Aslam

An Analysis Of Article 143 Of The Constitution Of India

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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...

Legality of Guardianship Under Different Religion

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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...

Advance Medical Directive Under Article 21 Of The Constitution Of India

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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...

Monopolistic And Restrictive Trade Practices Act,1969: An Overview

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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...

Legal Position On The Enforceability Of Prenuptial Agreements In India

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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...

Confidentiality Clause Or Non Disclosure Clause In A Contract

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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...

Concept Of Ship Arrest In India And Jurisdiction Limits

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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 d...

Marital Rape And Its Current Legal Status

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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...

Legal Procedure To Revoke A Power Of Attorney

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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...

Concept Of Benami Property And Benami Transaction Under The 2016 Act

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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...

Transfer Of The Ownership Of Property Rights In Case Of NRI (Overseas Citizens)

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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...

Legal Guardianship Of A Person With Disability Under Rights Of Persons With D...

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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 ...

Refund And Cancellation Policy Under E-Commerce Platform

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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...

Legal Rights Of HIV/AIDS Patients In India

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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...

Spacetech Laws In India And Its Role In Changing The Dynamics Of The Economics

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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...

What Legal Remedies Are Available To Entrepreneurs In Debt?

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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...

Genetic Privacy In India And Its Present Status

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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 ...

Firearm Laws In India And Its Current Scenario

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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...

Status Of Forex Trading In India And Its Legality Along With The Provisions I...

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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 ...

Legal Method For Applying Non-Availability Of Birth Certificate (NABC)

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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 ...

Analysis Of Section 66A Of Information Technology Act With Special Reference ...

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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...

Transgender Persons (Protection of Rights) Bill, 2016 and Constitutional Stat...

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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...

New Maintenance Guidelines by the Supreme Court of India 2020

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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 entitlement to fo...

Sedition: Complicated History of Section 124-A

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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...

COVID-19 and Right to Decent Burial: An Examination

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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...

Implications Of Information Technology Intermediary Guidelines, 2021

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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...

The Socio-Legal Position Of India’s Transgender (Third Gender)

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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.&nb...

Status of Foreign Universities Under New Education Policy 2020

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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

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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 ...

Default In Contractual Obligations And GST Implication During Covid-19

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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...

Medical Termination of Pregnancy (Amendment) Act, 2021

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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...

Doctrine of Precedent (Article 141)

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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...

Pharmaceutical Advertising in India And Its Legal Complications

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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...

New Copyright Amendment Rules, 2021: An Overview

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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...

Bail, Anticipatory Bail, Mandatory Bail And Bail After Conviction

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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 ...

Death, Marriage And Insolvency Of Parties Order Xxii Of CPC

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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 died ...

Gender Neutrality: An Inherent Conflict Between POCSO And IPC

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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...

Rape Laws: An International Perspective

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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: Conceptual Study

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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...

Biodiversity and Traditional Knowledge Under Biological Diversity Act, 2002

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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...

Legal Dimension of Geographical Indications

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Geographical indications means any indication which define the goods as originating in the territory of a country or a region or locality in that territory, provided a given quality reputation ...

Conceptual Study of Information Technology Law

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Information technology law, also known as cyber law, is related to legal informatics and governs the aspects related to circulation of the digital information, software, electronic commerce, et...

Intellectual Property and Its Conventions

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Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce. It is protected in law by patent...

Conceptual Study on Uniform Civil Code, Will, Gift and Wakf

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Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. A will is ma...

Adoption and Guardianship

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Law states that any Indian, non-Indian or a foreigner can adopt a child who is medically fit and financially able to take care of the child. Adoption is not permitted in the personal laws of Mu...

Concept of Live-in Relationship and Maintenance

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There is no particular law in India to lay down the rights and commitments for the parties in a live-in relationship, and for the status of children born to such couples. However, the court has...

Family Law and its Sources: Concept of Marriage and Divorce

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All over the world, marriage began as a sacrament (religious ceremony). Hindus took marriage as indissoluble (unable to be destroyed) even after death. Whereas, Muslims took marriage as a contr...

Harvest Inspection Rules Under Revenue Laws (Jammu And Kashmir).

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Girdawari is a crop harvest inspection. When the crops ripen and become ready for harvesting, the Patwari must visit each field and record the result of crops in the register of Khasra Girdawar...

Hidayat Intiqalat Mutation Rules Under Revenue Laws (Jammu And Kashmir)

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The Oxford Dictionary defines the word mutation as an action or process of change in the form or structure. In revenue parlance, the mutation is the transfer of right or ownership by any legal ...

Jamabandi Record of Rights Under Land Revenue Laws Jammu And Kashmir

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Under section 21 of the Land Revenue Act Svt. 1996, a record prepared at the time of settlement or revision of an Estate is known as Record-of-Rights. It contains the Shajra Nasab of the landho...

Legal Aspects of Goods, Partnership and Negotiable Instruments

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Commercial law plays significant role in the smooth functioning of trade and commerce. In India, we have several commercial laws, some of the prominent among them like Sale of Goods Act, 1930, Pa...

Standard Form of-contract, Quasi-contract and Specific Contracts

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Contracts are of many types such as standard form of contract, quasi-contract and specific contracts. They all have distinct salient features from each other. Bailment, pledge, indemnity, guara...

Law of Contract

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Contract plays a significant role in our daily life. A contract is an agreement between two or more parties, which have obligation and rights according to the content of the agreement. A contra...

Liability (Strict Liability, Absolute Liability and Vicarious Liability) Unde...

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Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, like vicarious liability, the liability of one person...

Specific Torts (Negligence, Nuisance, Trespass, Defamation and Remoteness of ...

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Tort is when one person or entity inflicts an injury upon another, in which the injured party can sue for damages. There are numerous specific torts including negligence, nuisance, trespass, de...

Conceptual Study of Law of Torts and General Defences

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The law of tort is a branch of civil law, which consists of various torts or wrongful acts that violate some legal rights vested in a person by law. General defences are a set of defences that ...

A Conceptual Study of Punishment and Compensation under Indian Panel Code

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When a person commits any offence, then he or she is punished, so that such act or omissions do not repeat in the future. There are different theories to understand the nature of punishment and...

Offences under Indian Penal Code: An overview

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Offence is an action which harms others, disturb the tranquility of a society, waging war against the State, etc. It is ubiquitous. The offences are of various types such as against human body,...

General Exceptions of Indian Penal Code, 1860

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The criminal law outlines different punishments for various crimes. But a person may not always be punished for a crime that he has committed. The Indian Penal Code, 1860 recognizes defences in...

Criminal Liability: Crime, Stages Of Crime and Inchoate Crime

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In our society, a crime often takes place which are against the principle of humanity. A person convicted for a crime has a certain criminal liability. The general principles i.e. Actus reus an...

Human Rights and International Humanitarian Law

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Human rights are inherent in human beings, they are a must for a person to live a dignified life. International humanitarian law plays a prominent role in ensuring rule of law during armed conf...

Concept of Recognition, Nationality and Extradition under International Law

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In the sphere of international law, many concepts are used such as recognition of states and governments, nationality, refugees and internally displaced people, immigrant, extradition and asylu...

International Law: Evolution and Its Sources

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International law, also called public international law or law of nations, is the legal body describing rules, norms, and standards that apply between sovereign state and other entities which a...

Various Concepts of Administrative Law and Judicial Review

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Prologue Administrative law deals with the legal control of the government and related administrative powers. On the other hand, judicial review is a process under which executive or legislati...

A Comprehensive Study on Executive and Legislature Branches Of Constitution O...

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According to the Constitution of India, the executive branch i.e., the Council of Ministers shall be collectively responsible to the legislature. The Union Executive in India consists of a Pres...

A Comprehension Study On Constitution Of India 1950

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The Preamble serves as the introduction or the preface to the Constitution and contains the summary or essence of the Constitution. It has also been referred as the 'Soul of the Constitution'. ...

Social Issues, Global Development and Modernism In The Light Of Jurisprudence

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Various social issues like poverty, development and global justice also had an impact in the reformation of the society across the world. Modernism can be characterized by a deliberate and ofte...

The Concept of Property, Ownership, Possession And Liability In The Light Of ...

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The concept of property has an important place in the life-of human being because it is impossible to live in this material world without using the material objects which is the subject matter ...

Important Concepts Of Law, Morality, Right and Duties, Legal Personality And ...

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The real credit for the development of human civilization goes to law and its prohibitive provisions which apprised human beings of their rights and duties. The primary aim of law is to protect...

Nature, Sources and Schools of Law under Jurisprudence

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It is well known that law being a dynamic concept, it changes with the evolution of society under different socio-economic and political conditions. The rapid changes in modern times have given...

Dying Declaration (Section 32 Of Indian Evidence Act)

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Dying Declaration is admissible in evidence being hearsay evidence. This piece of hearsay evidence is admissible as an exception to the general rule of evidence that hearsay evidence is no eviden...

Rule of Law Under Indian Legal System

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Social life requires cooperation and order, and order requires laws. It is possible to have order of some sort, by submitting to the rule of a leader, a dictator who is able to coerce the non-coo...

Constitution And Constitutionalism. A Study Perspective In India

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The Constitution is an organic living document. Its outlook and expression as perceived and expressed by the interpreters of the Constitution must be dynamic and keep pace with the changing Times...

Legal Status Of Unborn, Dead Person And Animal

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Geopolitical social changes set alterations into social reality providing for the creation of appropriate conditions for an individual as to the development of his personality, the protection of ...

Decree passed in favour of a dead person under Code of Civil Procedure

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Where the court proceeds with the case in ignorance of the fact of death of a person and passes a decree, that decree cannot be treated as a nullity. It may, no doubt, be a wrong decree, but it w...

The Gram Nyayalayas Act (Nyaya Panchayats, Lok Adalat And Legal Aid Nyaya Pan...

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The village panchayats constitute very old and traditional/administrative institution in India. With the decline of Mughal Empire and advent of British power, this institution lost its prestige a...

The Legal Services Authorities Act, 1987 An Analysis

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The Legal Services Authorities Act, 1987, was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. The Act was brought into force with effect from...

Contempt of Courts Act, 1971 An Analysis

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An Act to define and limit the powers of certain courts in punishing contempt of courts and to regulate their procedure in relation thereto. Legal History of Contempt of CourtsPrior to contempt o...

Concept of Will, Gift And Wakf Under Family Law

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Wassiyat Under Muslim law will is known as Wasiyat. A person who will is called testator. Will means strength of mind. Tyabi defines will as legal declaration of the intention of a testator with ...

Nepotism: Giving Undue Patronage To One’s Own relations

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Nepotism is a practice associated with the special evil of corruption. Nepotism means favouritism shown towards one's own relatives. According to the dictionary meaning, nepotism refers to giving...

Judicial Remedies, Divorce And Its Theories Under family Law

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Prologue I promise to take care of him/her…in sickness and in health…and until death do us apart The above is an oft quoted line when it comes to love and especially marriage. These are promises ...

Marriage And Dissolution Of Marriage Under Family Law

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Conditions for valid marriage under Dharma Shastras and under the Hindu Marriage Act, 1955. The Hindu marriage is samskara or a sacrament. The Hindu Marriage Act of 1955 has however brought abou...

Concept Of Maintenance, Dower And Stridhan Under Family Law

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Definition of Maintenance:The Hindu Law of Maintenance has been codified under The Hindu Adoption and Maintenance Act of 1956. According to Sec. 3 of the Act maintenance includes: In all cases p...

Law Of Adoption And Guardianship

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Basis and Objects of AdoptionAncient Hindu lawyers recognized twelve kinds of sons. They were broadly classified into three groups: Atmaja son (sons born of oneself). Paraja sons (sons born of...

Constitutional Position Of The President And Governor (Relation With The Coun...

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President is the executive head of India, while the Governor of a State. The position and powers of the two are more or less similar. Election of the President The President is elected by an elec...

The Motor Vehicles Act, 1988. An Analysis

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In India, under the provisions of the Motor Vehicles Act, 1988, it is mandatory that every vehicle should have a valid Insurance to drive on the road. Any vehicle used for social, domestic and pl...

Concept Of Punishments Under Law Of Crime And Compensation To The Victims Of ...

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Object Of The PunishmentThe object of punishment is the prevention of crime, and every punishment is intended to have a double effect, viz., to prevent the person who has committed a crime from r...

Concepts Of Property, Ownership And Possession

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The word property is used in numerous senses in general. If one looks around in the surroundings, everything available may be categorized as Property. Every object, whether tangible or intangible...

Offence Against State Under Law Of Crimes

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All States have the same right of self-preservation as their subjects, and States like men have from time immemorial, exacted safeguards for their own preservation and protection. Sedition is an ...

Jurisprudence: Nature And Sources Of Law

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Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence hope to obtain a deeper understanding of the nature of law, legal reasoning, legal systems and legal institutions. Mo...

Union And State Legislature: Distribution Of Legislative Powers

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The main characteristic of a federal Constitution is the distribution of powers between the Centre and the States. The Indian Constitution provides for a new kind of federalism to meet India's pe...

General Defences In Law Of Tort

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General Defences: Nature and ScopeA defence is a plea put forth by the defendant against the claims of the plaintiff. The following are the defences open to a defendant in an action for tortious ...

Specific Torts: Negligence, Nuisance, Trespass And Defamation

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Tort in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful behaviour, such as physical attack on one's person or interference with one's ...

General principles of criminal liability: mens rea and actus reus, mens rea i...

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Maintenance of peace and order is essential in any society for human beings to live peacefully and without fear of injury to their lives, limbs and property. This is possible only in States where...

Offences Against Property Under Indian Penal Code 1860 (Section 378-460)

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Property is mainly divided into two parts, namely movable and immovable. Any offence which is committed in regard to any property whether it is movable or immovable is punishable under the provis...

The Competition Act 2002 And Its Role In Corporate Sector

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Competition is a process of economic rivalry between market players to attract customers. Competition also refers to a situation in a business environment where businesses independently strive fo...

Consumer Protection Act, 1986 An Analysis

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History of Consumer Protection Movement in India: The Consumer Protection Act, 1986 was enacted as a result of widespread consumer protection movement. On the basis of the report of the Secretary...

Accountancy For Lawyers

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Prologue Accountancy is the science, art and practice of an accountant. It is a discipline which records, classifies, summarises and interprets financial information about the activities of a ...

The Judicial Structure In India And Role Of NJAC.

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Judiciary is that branch of government which interprets law, settles disputes and administers justice. Laws are like dead letters without courts to explain and expound their meaning. Judiciary is...

General Exceptions Under Law Of Crime. Section 76 to 106 Of Indian Penal Code

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Chapter IV of the Indian Penal Code deals with the general exceptions to criminal liability. There are various kinds of acts (exceptions) done under the circumstances mentioned in Secs. 76 to 106...

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Popular Articles by Mohd Aqib Aslam

Dying Declaration (Section 32 Of Indian ...

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Dying Declaration is admissible in evidence being hearsay evidence. This piece of hearsay eviden...

History of Law Reporting In India An ove...

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History of Law Reporting In India. An overview Prologue: According to theory of Precedent and t...

Principles Of Natural Justice In The Lig...

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Natural justice is an expression of English common law, and involves a procedural requirement of...

Bhuddism And Its Political Thoughts Of A...

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Gautama, the founder of Buddhism, was a Kshatriya, son of Suddhodana, the Maharaja of the Sanky...

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