Blogs

Muslim Law of Succession: Non –testamentary inheritance of property takes place only after the death of the person and any child born into a Muslim family does not inherit property right after his birth. There are 12 shares in the property and the share of each person may vary under certain circumstances. These sharers are-HusbandWifeDaughterDaughter of a son or son’s son or son’s son’s son and so onFatherPaternal grandfatherMotherGrandmo... Read More

Medical Negligence law in India: There is no legislation specifically to medical negligence in India. However, the judicial precedence by the court was acted to give compensation to the victims. The supreme court in its several important judgments has tried to define the Medical Negligence law in India. Medical Negligence laws in India are not only covered under the criminal liability of a doctor or other medical practitioner but also in the civi... Read More

Rejection of the application of restitution of conjugal rights: There are certain cases where the court may deny the application for the restitution of conjugal rights, but there has to be a proper reason for the denial of the conjugal rights which are as follows:If the spouse or the defendant is staying away or apart is due to any type of matrimonial issues or problems then the application may be denied.If the spouse or the petitioner has commit... Read More

Polygamy in the Muslim marriage act under Islam has not been abolished in India but it is also not very widely followed and is often removed from the scene via a special clause introduced in the marriage contract by those who find it morally offensive. The groom, or the bride-to-be, may assert monogamy as a mandatory condition in marriage and, once signed, it obligates the parties to not enter into any formal or informal marriage contract with an... Read More

Online MethodThe offline procedure has its pros such as people who are not well equipped with technology can get their copy of birth certificate without being worried about how to use the internet to go about the process. But for people who can apply online, it’s better to do it as there is a lot of rush in the municipal office.  It is flexible to apply online as there is no time period which is not the case in offline applications. The online... Read More

ProcedureA 2007 study on child abuse by the Ministry of Women and Child Development showed that about 53.22% of children are facing one or more forms of sexual abuse, most of which are not even reported due to fear, shyness, or external pressure. Thus, there is an immense need to make it child-friendly so that they can avail themselves it. The procedure followed is as follows:Medical Examination of the Child - After it is acknowledged that an off... Read More

How would you deal with a False Cheque Bounce Case?The victim in such cases need not worry much about it as it is a false accusation and generally easily proved with the valid documents that there was enough balance or fund in the bank account of the issuer which would ensure there was no cheque bounce. Some important measures to take when a situation of false cheque bounce arises: Collecting all the important documents – The mos... Read More

Section 125 of the Criminal Procedure Code, 1973 This section provides for maintenance not only to the wife but also to child and parents. Court can direct a husband who neglects or refuses to maintain his wife who is unable to maintain herself to provide monthly maintenance to the wife, provided the husband has sufficient means. However, if the wife is living in adultery, or refuses to live with husband without any sufficient reasons, or living ... Read More

Protection under CopyrightAs discussed earlier, copyright is granted only for the distinct and original work of the author. It is granted for such works that are artistic and creative in nature. These rights are exclusive and available only to the author or creator to restrict anyone from copying his work. There is also a DMCA ie Digital Millennium Copyright Act enacted by the United States of America. It condemns the cremation and scattering of ... Read More

Legal Aspect of Domestic ViolenceDomestic violence (both mental and physical) is mentioned in Section 498 A of the Indian Penal Code, 1860. The nature of Domestic violence is essentially civil but the legislations prescribe that the courts have to proceed in such cases as per the Code of Criminal Procedure (CrPC). The law is made to protect the civil rights of women. However, it is not applicable to all domestic cases of various types. It means t... Read More

Documents Required for Filing Various Complaints For Email Based ComplaintsA written statement briefing about the offenseA copy of the spam of suspected email received by the original receiverThe complete heading of the suspected emailHard and soft copy of the alleged emails along with headersThe soft copy should be a copy in a CD-R format Thefts Regarding Social Media ComplaintsA screenshot or copy of the alleged contentA screenshot or copy li... Read More

Who typically gets the house in a divorce?As the marital home is the ultimate and the exclusive asset of the spouse, it is necessary that the ownership of the property is cleared. It not only involves the married couple but also their entire family. They are emotionally attached to the property as well. But, the law is above all the emotions and hence the judge would give the decision of the house in favor of the owner of the house. We all know ... Read More

What are the Features of the bills? The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020: This Bill replaces the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020.Trade of farmers’ produce: The bill permits inter-state trade of farmers’ produce outside: (i) the physical premises of market yards run by market committees formed under the state APMC Acts and (ii) other markets report... Read More

The Public Gambling Act, 1867 ("Gambling Act") is the overall law administering gambling in India. Nonetheless, the state governing bodies, under the Constitution of India, have been depended with noteworthy administrative breathing space to frame state-explicit gambling laws. The Gambling Act is the central enactment which has been received by specific states in India and other states have enacted their own enactment to manage and oversee gaming... Read More

Since the outbreak of COVID-19 pandemic in India, the unprecedented nation-wide lockdown mandating closure of commercial, private and industrial establishments (with limited exceptions) has been extended from time to time since 24.04.2020. The COVID-19 pandemic represents a major public health challenge and is having serious economic and social impacts. Special attention should be given to protecting migrant workers in the informal economy by pur... Read More

Death Certificate is evidence of the death of dead person. it's A legal document issued by the government, which declares the reason for death, location of death, time of death and a few other personal information about the deceased. In India, it’s mandatory to register an individual's death according to the Registration of Births & Deaths Act, 1969 with the concerned government within 21 days of its occurrence. It can be taken either within th... Read More

The world has gone indoors for the past three months because of the continuing battle against the Covid-19 pandemic. Governments across the world are on their toes trying to search out a long-term solution to the current public health crisis, while simultaneously trying to tackle humanitarian and economic crises. Judiciary, a key pillar of democracy, too has taken a hit and its functions are crippled. it's now that technology can play a key role ... Read More

The Anti-defection law was enacted in 1985 to deal with this problem of political instability created by the elected legislators. For addressing the perceived problem of instability caused by democratically elected legislators in India's Parliamentary System of Government shifting allegiance from the parties they supported at the time of the election, or disobeying their parties' decisions at critical times such as during voting on an important r... Read More

The term ‘Maternity’ means something which is natural and divine in nature. Still, there are vast varieties of problems which women have to face at the workplace at the time one thinks of embracing it. In an attempt to remove such problems and discrimination faced by women and to encourage gender parity in the country, Maternity Benefit Act, 1961 was legislated by the Parliament on 12th December 1961. Maternity Benefit Act, 1961 aims to ... Read More

Maintenance of the rule of law is of immense importance for a democracy like ours. The Supreme Court as the protector of the constitution and the guarantor of the fundamental rights is endowed with the responsibility of doing complete justice and of proper maintenance of the judicial orders. The Supreme Court is also conferred with the status of being a court of record . Once a court is made a ‘Court of Record’ whose records are admitted to b... Read More