Menu
keyboard_backspace
Legal Blog

Legal Blog : Law and Lawyers

The Unlawful Activities (Prevention) Act,1967

Arushi Sethi

The Unlawful Activities (Prevention) Act,1967   What are 'unlawful associations'? [Section 2(p)]   The Central Government maintains a list of unlawful associations. It can add items to this list if it thinks that the organisation's activities are supporting secession from India, or the organisation is trying to affect India's status as an independent nation, or the organisation is causing enmity towards India. Once an organisation is on this list, membership of such an organisation becomes a crime. Money going to it can be blocked and the places it uses can be monitored.   How is this list updated? [Section 3] When adding any association to the list, the Central Government has to explain why it was added. However, if revealing any fact is against public interest, the Central Government can keep it secret. Additions to the list have to be approved by the UAPA Tribunal and published in the Gazette. However, if it is an urgent matter, the Read More

CASE STUDY : Landlord and Tenant

Medha varshney

IN THE COURT OF THE FINANCIAL COMMISSIONER, DELHI In the matter of: 1. Sh. Radhey Shyam S/o Lakhmi Chand 2. Sh. Sanjiv Gupta 3. Sh. Ajay Gupta Both sons of late Sat Narain Through their attorney Sh. Mahesh Chand S/o late Yogeshwar Dayal 361, Main Bus Stand, Sant nagar Vill. Burari, Delhi-84. 4. Smt. Chitra Navtia W/o Sh. Nath Mal Navatia Through her attorney Sh. Rakesh Kumar S/o Sh. Balak Ram, R/o Village Aasoda,, Tehsil Hapur, Distt. Ghaziabad U.P. ? Petitioners Versus 1. Gaon Sabha Burari Through B.D.O. (Civil Lines) Tis Hazari Court, Delhi-54 2. Union of India Through Secretary/Office of Commissioner, B.D.O. (Civil Lines) Tis Hazari, Delhi-54. Respondents ? Respondent Case No. 66/2007 Revision Petition Under Section 187 of the Delhi Land Reforms Act, 1954. Facts of the case • Shri Radhey Shyam and Shri Sat Narian s/o Lakhmi Chand were the recorded owners of Khasra No. 23/13 (5-18) in the revenue estate of village Burari (hereinafter referred to as Read More

Does A Tax on Sanitary Pads Violate Article 15 (1) of the Constitution

Recently  She Says a non for profit organization started a campaign on Twitter urging the Finance Minister to exempt tax on sanitary pads. Since the start of the campaign it has been contended that tax on sanitary pads violate Article 15 (1) of the Constitution. The author in this article would like to contend that tax on sanitary pads does not violate Article 15 (1) of the Constitution. Article 15(3) states that "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them". Now one thing must be understood that discrimination happens when there is inequality, that is when two equals are treated unequally.  For example in Indian Legal System when a man commits adultery it is punishable under Article 497 of the Indian Penal Code, but when a woman commits adultery there is no punishment for her, this is discrimination. Here two equals that is a man and women are being treated unequally. When a man does the act of Read More

Right Against Self-Incrimination

Deepika Sangwan

 Right Against Self- Incrimination    In a civilized state where law protects the interest of not only of victim but also of accused, then & there the seeds of privilege against self-incrimination germinates to shield the basic human rights.   Right against self- incrimination is enshrined in article 20(3) of the Indian constitution, 1950. This provision is in consonance with the general principles of English and American jurisprudence which dictates that no person can be compelled to give testimony which has the potential of exposing him to prosecution for crime. Basis: This fundamental principle of criminal law is based upon a latin maxim ‘ Nemon tenetur seipsum accusare’ , which means that no person is obliged to accuse himself. This canon is also backed by various provisions of Indian law, such as: Accused is presumed to be innocent unless proven guilty. Burden of proof rests with prosecution. Guilt should be proved beyond reasonable Read More

The problem of jurisdiction in Cyber Crimes

INTRODUCTION In the virtual age India being a developing nation is embracing new technologies. Hence, India is a part of cyberspace, which connects it with the rest of the world and has a wide range of functioning. The wide range of functioning makes it impossible to limit physical boundaries, because it is all virtual. This wide range of functioning makes it impossible to  limit physical boundaries, because it is all virtual. But the affect of these virtual transactions, affect the real world and all this widespread and lack of boundaries leads to the rise of following problems with regard to jurisdiction: (a) It is very difficult and sometimes impossible to track down where the user or website is located. (b) There may be a case where different parts of the website are hosted at different parts of the world. (c) In spite of the website being hosted in one area, the user can be in any other place in the whole world. (d) The website can be moved easily, changing the Read More

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

Please enter the text

Send your queries to

blog@vidhikarya.com
Talk to a Lawyer
Post Your Matter
Request Callback
Contact Us