Category: Legal Issues

Critical Analysis of the Rk Arora Judgement and Its Impact on Ed Arrest Procedures

Introduction The Enforcement Directorate is essentially a law enforcement body which is equipped with powers to enforce economic laws and combat economic crimes in India. It deals with cases of money laundering and FEMA infractions. The ED is also specifically empowered under the Prevention of Money Laundering Act of 2002, to detain, arrest and prosecute … Continue reading Critical Analysis of the Rk Arora Judgement and Its Impact on Ed Arrest Procedures

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Unveiling the Shadows : Exploring Marital Rape in India

Introduction Marital rape is a sexual crime that occurs in a marriage or in a domestic relationship. In Marital rape, sexual intercourse is done without the consent of one party, and spouse is victimized for this only. Marital rape, violates the right to dignity and bodily integrity, because here one party is not able to … Continue reading Unveiling the Shadows : Exploring Marital Rape in India

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Originialistic And Textualistic Interprettion Of Statute With Particular Reference To The Cases

Introduction The definition of specific terms in an Indian statute can be found in the context or occasion on which they are put to use, rather than in strict etymological language propriety. Since, it is well recognized that the terms are frequently used in their ordinary sense, dictionaries may be consulted to determine the meaning … Continue reading Originialistic And Textualistic Interprettion Of Statute With Particular Reference To The Cases

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Navigating the Legal Maze: Decoding the Impact of Legal Illiteracy on Indian Citizens

INTRODUCTION There is a phrase in Latin ignorantia juris non excusat (“ignorance of the law excuses not”), or ignorantia legis neminem excusat (“ignorance of law excuses no one”). Which is also regarded by our justice system. Our justice system does not allow any person to have an excuse for not knowing the law while violating … Continue reading Navigating the Legal Maze: Decoding the Impact of Legal Illiteracy on Indian Citizens

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Uniform Civil Code And Natural Laws

INTRODUCTION Uniform Civil Code again came into light on 27 th June , 2023 , when PM Narendra Modi during speech in Madhya Pradesh discuss about the UCC, and soon after this debates started in our nation. It is also in the manifesto of BJP to implement UCC and to abolished the personal laws. The … Continue reading Uniform Civil Code And Natural Laws

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Children And Consent Under The Data Protection Act: A Study In Evolution

After gaining presidential approval, the Digital Personal Data Protection Act, 2023 (the “Act”) was finally passed by both chambers of Parliament and published in the official gazette. The Puttaswamy Judgements and subsequent rulings by other constitutional courts by the Supreme Court of India, which delineated the boundaries of the right to privacy, are to be … Continue reading Children And Consent Under The Data Protection Act: A Study In Evolution

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Determining Similarity Between Rival Marks Part 2

The first part of this article exclusively dealt with the Anti-Dissection rule and the second part of this article shall pertain to the rule of dominant feature. Introduction It is the settled position of law that two conflicting marks have to be compared as a whole and parts of the marks cannot be dissected for … Continue reading Determining Similarity Between Rival Marks Part 2

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Only Reliable, Trustworthy And Confidence Inspiring Dying Declaration May Form The Sole Basis For Conviction

Introduction The principle that dying declarations are admissible as evidence emerges from the legal maxim “Nemo morituru spraesumitur mentire” which means that a man will not meet his maker with a lie in his mouth. As per Section 32 of the Indian Evidence Act, 1872, the written or verbal statements of relevant facts made by someone … Continue reading Only Reliable, Trustworthy And Confidence Inspiring Dying Declaration May Form The Sole Basis For Conviction

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Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

Factual Background A writ petition was filed by the Association of Priests registered under the M.P. Society Registry karan Adhiniyam 1973 before the Madhya Pradesh High Court in order to seek quashing of the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujaris were ordered to be deleted from the revenue record. The Ld. … Continue reading Pujari Cannot Be Treated As Bhumiswami, Muafidar, Inamdar Or Kashtakar Mourushi

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Overview Of Souriraja Naidu V Rajagopalan

INTRODUCTION Souriraja Naidu V Rajagopalan is pre-constitutional judgment on easement rights that was delivered in 1924. This is perhaps one of the oldest judgements in its field which is still prevalent in today’s time. The case talks about two different kinds of easement rights namely easement by prescription and easement by necessity that were pleaded … Continue reading Overview Of Souriraja Naidu V Rajagopalan

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