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What is Law? A Collective Approach of Natural Law and Positive Law

INTRODUCTION It is very difficult to define the term law, because when a term is being defined it implies the fixing of limits and boundaries of that particular term with precision. Law is not capable of being defined it can only be explained. Some people see law as a code to regulate the human behavior, while some see law as a instrument to bring social change or means to achieve justice. Therefore we can conclude that different people have different point of view regarding.   Thus these different point of views on law came to be know as various school of law such as Natural School of Law, Positive School of Law etc. These schools of law had different pint of views regarding law, but since law being so vast in nature these school of thoughts failed to completely define law and there remained loopholes in their understanding of law. Natural Law The Natural School of Law argues that law should be based on a higher law dictated by reason. That is law must satisfy a higher test of Read More

Geographical Indication of Goods (Registration and Protection ) Act, 1999

Samriddha Gooptu

What is Geographical Indication ? In simple layman language the term Geographical Indication would refer to “a sign that identifies a product as emerging from a particular location or area which provides the product a unique quality or reputation or some other characteristic.”[1] As per World Intellectual Property Organisation (WIPO), “a geographical indication (GI) is a sign used on products that have specific geographical origin and possess qualities or a reputation that are due to that origin. The qualities depend on the geographical place of production, there should be a clear link between the product and it’s original place of production”. [2] India being a member of the World Trade Organisation (WTO) are bound to comply with the Agreement on Trade – Related Aspects of Intellectual Property Rights.[3] Section 2(3)(e) of the Geographical Indication of Goods (Registration and Protection) Act, 1999 defines “geographical indication” in relation to goods as Read More

Beware- Offensive WhatsApp posts can land group admin in jail.

sneha majumder

Welcome to WhatsApp world. we can't even imagine our life without WhatsApp, can we! it is not just a mere messaging App but it's more than it, even Whatsapp created a new daily record: 27 billion messages had been handled by their users in just 24hours. WhatsApp has changed the meaning of communication interaction. Social media platforms like WhatsApp and Facebook allow a person to create a group on which members can share views, photographs or videos. But now Think twice before becoming administrator of a group on WhatsApp or Facebook as one is liable for prosecution if any rumor or fake news is circulated on it. Concerns are often raised fake news, morphed photos and offensive videos circulated on social media that can potentially trigger tension and even communal strife in a region. To address this, Varanasi DM Yogeshwar Ram Mishra and SP Nitin Tiwari issued on Thursday a joint order that said a FIR (first investigation report) can be filed against a group administrator if Read More

The microscopic presence of Administrative Law in the Constitution of India

INTRODUCTION Administrative Law has only very recently developed as a separate branch of legal studies. Earlier it was considered to be a part of Constitutional Law. There is no clear cut definition of administrative law, but for the sake of understanding we can understand administrative law as a law that  has certain principles which help in the administration of the country.  The Constitution of India is the highest source of administration in the country.  Terms such as rule of law, judicial review and separation of power are as such  no where mentioned in the Constitution, but these are some of the very essential principles of the administrative law. With the help of various Articles in the Constitution our Constitution  makers have very well  made sure that our country's administration is taken care with these principles giving structure to the administrative machinery present in the Constitution. Rule of law  The Supreme Court of India in various landmark Read More

Juvenile Justice In India: Status & Challenges

aman Khandelwal

Over the last two decades, researchers have made significant discoveries about the causes and origins of delinquency. Specifically, they have learned a great deal about adolescent development and its relationship to decision-making, about multiple factors that contribute to delinquency, and about the processes and contexts associated with the course of delinquent careers. Over the same period, public officials have made sweeping jurisprudential, jurisdictional, and procedural changes in our juvenile justice systems. The first half of the text focuses on Concept of Juvenile Justice, juvenile crime and examines trends and patterns in delinquency and victimization, explores causes of delinquency—at the individual, micro-social, and macro-social levels, and from natural and social science perspectives—and their implications for structuring a youth justice system. The second half of the book concentrates on juvenile justice and examines a range of issues—including the historical Read More

SC quashes case against Dhoni, says unwitting acts can't hurt religious sentiments

admin

NEW DELHI: Ruling that a person could not be prosecuted for hurting religious sentiments if his action was unwitting and not deliberate or malicious, the Supreme Court quashed on Thursday a criminal case against cricketer MS Dhoni for allegedly committing the offence as he was portrayed as Lord Vishnu on a business magazine front cover page. A bench of Justices Dipak Misra, A M Khanwilkar and M M Shantanagoudar said that Section 295A of the Indian Penal Code could be slapped against a person only when there was deliberate action on his part to hurt religious sentiments of other persons. Referring to apex court's constitution bench verdict of 1957, it said that the criminal proceedings could be initiated against a person only in case of deliberate attempt. "Section 295A penalises only those act which insults religion or religious belief and which is done with deliberate and malicious intention," the bench said Section 295A says that whoever, with deliberate and malicious Read More

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

admin

NEW DELHI: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony. A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family. "Twenty-five per cent of Read More

India's Dark Secret - Female Genital Mutilation

Ravali Reddy

FGC is sometimes called “female genital mutilation.” People who practice FGC may call it “female circumcision.” This practice is mostly carried out by traditional circumcisers, who often play other central roles in communities, such as attending childbirths. However, more than 18% of all FGM is performed by health care providers, and the trend towards medicalization is increasing.   Female genital Mutilation (FGM) comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.   The World Health Organization (WHO) and the United Nations (UN) define FGC as “any partial or total removal of the external female genitilia or any other injury of the female genital organs for non medical reasons.” The United States also uses its definition in its efforts to end the practice. The practice is illegal in the UK.   FGM is recognized internationally as a Read More

Installation of cameras in courtrooms

sneha majumder

The Supreme Court has directed the installation of closed circuit (CCTV) cameras inside lower courts in at least two districts in every State and Union Territory within the next three months. After years of hesitation and reluctance, the SC has finally permitted installation of CCTV cameras without audio recording. In an unprecedented order by the apex court, a bench of Justices Adarsh K Goel and Uday U Lalit directed 24 high courts across the country to assure that district and sessions courts in a minimum of two districts in every state and union territories have CCTV cameras installed inside courtrooms and also in the court precincts within three months. However, the SC barred access to the video footage to lawyers, litigants, and the general public through the Right to Information (RTI) Act. The bench stated that "We may make it clear that footage of the CCTV cameras will not be available under the RTI Act and will not be supplied to anyone without the permission of the Read More

“Not all women wear pearls and sensible shoes to work, some wear dog tags and combat boots”

Ravali Reddy

A High-risk adventurous career has always attracted the young, but it was never thought of was either a hobby all a full time career. But times have changed. The first ever women officers were Commissioned in to the Administrative and Education Branches of the Indian Airforce on 12 June 1993 and the first ever women pilots on 17 December 1994. Way back in the 1930s, Mrs. Urmila K. Parikh opted for the adventurous career of becoming a pilot. She was the first Indian women to obtain to Pilot’s License. After Independence, many more women turned towards aviation. A few Names that stand out are:22 Prem Mathur, who became the first Commercial Pilot to fly Domestic Air Lines in 1947. Durba Banerjee, who became the first pilot of Indian Air Lines in 1956. Saudamini Deshmukh, who was the first lady Captain in the world to fly an all-women crew IATA schedule flight on November 27, 1985. Simran Sondhi and Cheeryl Dutta, IAF flight cadets who flew a helicopter with an all-women crew for the Read More

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