November 2019

Constitution Day: Our constitution is our pride

Introduction Constitution Day is also known as Samvidhan Divas or National Law Day or National Constitution Day. The country celebrated the 5th Constitution Day or Samvidhan Divas on November 26. The Constitution Day was first celebrated in 2015 as a mark of tribute to the father of Constitution Dr. Bhim Rao Ambedkar. In 2019, it marks the 70th anniversary of the adoption of the Indian Constitution. History 26 November has its own significance in the history of independent India because on 26 November 1949, the Constitution of India was adopted and it came in to effect on 26 January 1950. Dr. Ambedkar is the Father...

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Muslims oppose review of Ayodhya Verdict

On the Verdict of Ayodhya Case, the court decided to order the land to the Hindu litigants, while offering an alternative plot of five acres to the Muslim litigants. The discussions between the Indian Muslims to oppose on the review of the Verdict of Ayodhya Case, about 100 eminent Muslim personalities including some film actors like Shabana Azmi and Naseeruddin Shah and some other personalities have opposed to giving challenge on the Verdict of the Supreme Court in the decades-long Ayodhya dispute, because while asserting so or keeping this Ayodhya matter alive that will not help the community in...

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Surrogacy Regulation Bill, 2019

The method of Surrogacy has always been of great importance as India is considered to be the ‘surrogacy capital of the world’. Prior to 2008, the commercial surrogacy was carried out in India without any efforts by the Government to set up a statutory regulatory mechanism. Though in 2005 the Indian Council of Medical Research (ICMR) formulated the guidelines, however, they did not have any statutory power, therefore these guidelines did not make much of the difference. In 2008, a case named Baby Manji Yamda v. Union of India came before the Supreme Court in which the main...

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How to file a Police Complaint

As per Section 2(d) of the Code of Criminal Procedure, 1973 the complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. The explanation of the concerned section also states that a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall...

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Trademark Assignment and Licensing

Trademark licensing is a process of authorizing another person or company for using the rights of the owner as of the registered user for a specified period of time upon the mutually agreed terms and conditions. In consideration, the owner will receive the royalty from the licensee. Section 48 of the Trade Marks Act, 1999 states that the provision of the licensing of the trademark. Another important aspect is that of the transferring of rights. Only some rights are given with regards to the licensed trademark and the exclusive rights pertain with the owner itself. Section 37 deals with the power...

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Doctrine of Part Performance

Introduction There are some instances while performing a contract for sale. The doctrine of part performance deals with the provision where one party has performed his part of the contract and other party breaches the contract. This is essential on the part of the transferee because he had already done his part of the contract and now wishes that the transferor also does the same. Section 53A of the Transfer of Property Act, 1882 states when any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf and the transferee has in done...

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Ayodhya Act: Trust for Temple Construction

A historic judgment passed by the Supreme Court on 09.11.2019 declares that the disputed land will be provided to the Hindu deity, Ram Lalla. The Central Government has been given the responsibility to formulate a scheme for setting up a trust which shall be transferred to the possession of the inner and outer courtyards. This is done as per the Acquisition of Certain Area at Ayodhya Act, 1993. The Sections 6 and 7 of the above mentioned Act give charge to the Government to manage its property by itself or by authorizing a person or body of persons...

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Important decisions of Ram Janambhoomi-Babri Masjid matter

The matter heard today by the Supreme Court of India is an appeal of the decision of the Allahabad High Court which divided the 2.77 acres of land between three parties i.e. Ram Lalla Virajman, Uttar Pradesh Sunni Central Waqf Board and Nirmohi Akhara. But, nobody was satisfied with the judgment, therefore moved to the Supreme Court. The bench who delivered the judgment comprises of Chief Justice Ranjan Gogoi, Justice SA Bobde, who will be the next Chief Justice of India, Justice DY Chandrachud, Justice Ashok Bhushan and Justice S.Abdul Nazeer. This is the second-largest heard case in the history of India....

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Dissenting decision by one judge will not bar the Death Penalty

A review petition was filed by Manoharan whose Death Penalty was upheld by the Supreme Court. In August 2019, the Supreme Court pronounced the death penalty of an accused that kidnapped; gang-raped and then murdered a girl of 10 years of age and her brother who was 7 years old. The decision was given by a three-judge bench comprising of Justice Rohinton Fali Nariman and Justice Surya Kant gave the judgment in the majority and upheld the death sentence of the convict whereas Justice Sanjiv Khanna dissent with the view of the majority judgment. While reviewing the decision, one of the...

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Problems with the Arbitration process

The objective of the Arbitration and Conciliation Act, 1996 is to enhance the speedy, fair and cost-effective trial so that the burden of the Courts is reduced. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents but even after 23 years of the enforcement of the Act, there is a serious lack of adoption of the provisions of the Act. There are various reasons on the point of why the arbitration is not working in India and one such important factor is that there is no encouragement by the Government to pursue the method...

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