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LAW AS AN INSTRUMENT OF SOCIAL CHANGE

The society comprises of people, the people make the laws, so indirectly we can say that the people make the laws for themselves. The law and society are interconnected in a way that the laws are made by the people and for the people. There are different customs which are prevailing in different countries which do hamper the growth of that nation. Customs are to be followed in a way in which they do not restrict or burden the freedom of any person. Various customs and practices prevailing in the society look upon the law as an instrument of social...

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JUSTICE DELAYED IS JUSTICE DENIED

The Judiciary which is the third organ of the government plays an important role in the administration of justice. Though the roles and responsibilities of the three organs are different yet they are closely connected to each other. The judiciary does not only solve the disputes but also protects the rights and liberties of individuals. The heart and soul of the Indian Constitution i.e. Article 21 include the right to a speedy trial. There are many undertrial prisoners who are waiting in the prisons for their dates to arrive so that the process of their legal action can be started. The...

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TORT AND ITS PRINCIPLES

The word tort is derived from the Latin medieval word “tortum” which means to “to twist”. It is a civil wrong which is effectuated from the breach of duty. As per section 2(m) of the Limitation Act, 1963, tort as being a civil wrong which is not just exclusively a breach of contract or a breach of trust. The essential ingredients of tort are: Wrongful act or omission: The first and the essential element of the tort is there should be a wrongful act or omission. Moreover, the active commission or the silent omission has resulted in a breach of duty...

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JUDICIAL ACTIVISM

Judicial Activism, the opposite of judicial restraint, refers to the decisions being given by the judges on the basis of their political or personal views rather than according to the traditional precedents and also the existing laws. It is a dynamic process of the outlook of judicial proceedings. This is basically because of the changing social scenarios. In other words, judicial activism means to elucidate the existing laws so that the current requirement of exercising the powers of executive and legislative. They should not be over exercising or under exercising their powers and should be in control. According to the Justice...

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EUTHANASIA

Fundamental Rights are necessary for leading a dignified and fulfilling life. Probably the most important Fundamental Right in the Indian Constitution is the Right to Life under Article 21. It provides for the protection of life and personal liberty. It states that no person shall be deprived of his life and personal liberty except according to the procedure established by law. However, the question to end one’s life needs to be answered. Under Article 21 many rights are covered such as the right to legal aid, right to clean environment etc.  An important question raised in many cases is whether...

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CORPORATE INSOLVENCY RESOLUTION PROCESS UNDER INSOLVENCY AND BANKRUPTCY CODE, 2016

Introduction and Objective Insolvency and Bankruptcy are the stages where a person or the company needs financial assistance because he is in a position of not to repay his debts. Insolvency is a state in which financial difficulties of a company are such it is unable to run its business at its current pace. Bankruptcy is the status of a person who is legally declared as incapable of paying their dues and obligations. To solve the issues of bankruptcy and insolvency The Insolvency and Bankruptcy Code, 2016 was enacted. The Insolvency and Bankruptcy Code, 2016 came with the objective of merging the existing...

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THE CONCEPT OF FREE CONSENT UNDER CONTRACT LAW

INTRODUCTION Not from today, but since ages, we come across the situation of buying and selling goods and services. A contract is not something you specifically enter, rather it is something with which we deal in our daily lives. It could be, buying goods from a shop, availing cable connection services or installing an app in a phone, contracts are everywhere. Contracts are an integral part of one's life and business. Every transaction is a contract whether written or verbal.  The Indian Contracts Act, 1872 deals with the laws relating to Contracts and contractual dispute in India. In simpler terms, a contract is...

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TYPES OF CONTRACTS

Contract When parties agree on certain terms and conditions, they make a contract. In simple words, an agreement with a legal obligation becomes a contract. When there is a breach of contract, the Indian Contract Act, 1872 provides for the remedies. As per the Section 2(h) Indian Contract Act, 1872, the contract is an agreement enforceable by law. Different forms of contract The different contracts are: A. Based on the formation Express Contract Express Contracts are those contracts where there is an expression either orally or in writing. For example, A has offered to sell his house and B has given acceptance. It is an...

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AN ANALYSIS ON THE LIVE STREAMING OF THE SUPREME COURT PROCEEDINGS.

  INTRODUCTION It is the time when more than half of the population is educated and is well aware of their laws. Transparency in the Judicial system has become equally important and need of the hour as well. In a recent matter filed before the  Hon’ble Supreme Court, the Court stated that the right to transparency must end an inch before the right to speculate is created. The proponents of live streaming often advance various examples but the most important of them all. There are various other countries where the practice of live streaming of Court proceedings takes place. It somehow helps in comparing the...

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CHILD ADOPTION LAWS IN INDIA

There are many childless couples in India who because of some reason for medical disability cannot have a baby. On the other hand, there are many children in the orphanage who do not have parents because of some reason. Therefore, child adoption laws help in both ways. This two-way process has facilitated childless parents to have a child of their own and an orphan child to have parents, shelter and secure life. Legislations governing the Adoption Laws In India, there is a defined legal process that provides legitimate rights to both the adopted child and adoptive parents. The aim of these enactments...

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