Introduction India is a country where people of a different race, caste, religion, and creed live together. All these are the inalienable features of the Indian Constitution which are mentioned in its Preamble as Sovereign, Socialist, Secular, Democratic and Republic. The concept of a right to vote comes under Democracy. The Constitution of India adopted a Parliamentary form of Government. An example of being a democratic country can be given from the present scenario itself. The protests against the Citizenship Amendment Act, 2019 and National Register of Citizens show that people of India do have the right to...

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Introduction Violence is done not only by actions but also by words. You don’t know how much your words do have an effect on someone’s mind. The act of defamation is punishable because people do generally speak about anything and after that, the reputation of that person is at stake. As a company or any organization needs time to build its goodwill, the same is the case with the reputation of the person. And then suddenly a statement by any third party will affect the character of that person. In simple words, defamation means disgracing the person’s reputation. Definition and Types The laws...

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CAA against Constitutional Morality

The petition is filed by NGO minority Front contending that the CAA (Citizenship Amendment Act), NPR (National Population Register) and NRC (National Register of Indian Citizen). The petition was filed by Advocate Ejaz Maqbool and drawn by Advocates Akriti Chaubey, Kunwar Aditya Singh, Muhammad Isa M Hakin and Aishwarya Sarkar.   The petition stated that the CAA is violative of Articles 14, 15, 21, 25 and 51(a) and 51(c) of the Constitution of India. The petitioners have claimed that the act is arbitrary in light of the basic structure of the Constitution. The Act is unethical on the terms of secularism, the thread upon which our Constitution...

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Child Custody

Introduction When a divorce takes place between a father and a mother, a child is the one who is affected a lot. It is the hardest thing in the world - for a child to see his parents separate. Both father and mother are important for the development of a child so it becomes very difficult for the child to decide one person with whom he/she will live. There is particularly no law that tells about the custody of the child. The term child custody refers to a parent's rights and responsibilities towards their child. The application for the custody of the...

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Income Tax Return

What is Income Tax and Income Tax Return? Income Tax is a tax levied and collected by the Central Government on an income of a person. Income-tax is calculated at specified rates on total income of a person and paid directly to the Central Government. The provisions relating to the income-tax are governed by the Income Tax Act, 1961. An income tax return is a document that you file online to the state tax board reporting your income, profits, and losses of your business and other deductions as well as details about your tax refund or tax liability. There...

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Supreme Court on Financial Assistance as Dowry

In a recent decision, a Bench of the Supreme Court comprising of Justice Deepak Gupta and Justice Aniruddha Bose has held that seeking financial assistance from your wife or her family for the setting up of your business will be termed as dowry. During the contention, the accused stated he needed the money for the expansion of the business i.e his clinic and not as dowry. In an argument, the counsel for the accused also stated that in the judgment of Appasaheb & Anr. vs. the State of Maharashtra, it was stated that demand for money on account of some financial...

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Hospital to pay Rs 76 lakhs in Medical Negligence Case

Facts In the present case, Respondent No.2 /Complainant had to undergo cesarean and the baby was born pre-mature at 32 weeks. The doctor advised for intensive care of the baby at Maharaja Agrasen Hospital- Appellant No.1. At the time of admission, the baby was diagnosed as “32 weeks pre-mature” after 4 weeks of performing cesarean both the baby and the mother was discharged. No advice was given to the mother to have the Retinopathy of Prematurity test (ROP) carried out on the baby. Complainant brought the baby for follow up check-in multiple times and doctors held the baby’s condition...

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Attachment of Property

A civil suit is the inaction of one party, called a defendant, who causes the wrongful act to another, called a plaintiff. Harm is compensated by giving some kind of compensation to the aggrieved party. What differentiates the civil suit with that of the criminal complaint is that a civil suit is to compensate for the harm caused to the aggrieved, unlike the latter which emphasizes punishment for the wrongdoer. There are three stages of every civil suit: Institution of a suit, Adjudication of a suit and Implementation of a suit. The orders passed by the Court are executed at the...

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The doctrine of frustration

There are some events in our life which are unforeseeable and are impossible to predict. In the case of contracts also there are some situations that are beyond the control of a person. These kinds of situations performed by nature and therefore are unpredictable and cannot be controlled. These kinds of circumstances frustrate the purpose of the agreement or render it very difficult or impossible or as even illegal, to perform. For e.g. a hall has been booked for a performance of a play. But before the date of the performance, the hall caught fire and was destroyed to an...

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First Information Report

First Information Report is the earliest form of information recorded for the cognizable offence by an officer in-charge of the police station. Information given under section 154 of the Code of Criminal Procedure is regarded as FIR. If the information given by the woman against whom an offence under section 326A, 326B, 354, 354A-D, 376, 376A-E and 509 of Indian Penal Code is alleged then such information shall be recorded by a women police officer. Meaning of Cognizable Offence: An offence in which the police officer has the supreme authority of arresting without a warrant and to be able to...

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