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20TH CENTURY NATURAL LAW REVIVAL

KETKI JALTARE

20th CENTURY NATURAL LAW REVIVAL  Natural law is the body of universal moral principles which has laid down the ethical and moral guidelines to regulate human conduct. It is also known as the Law of Nature. Natural law exists, even when it is not recognized by the government or state. Natural law theory has influenced the enactment of common law in England. There are various proponents of the natural law like Aristotle, Plato, Hobbes, Cicero, etc.  Revival of Natural Law:Towards the end of 19th century the ‘natural law’ theories revived due to many reasons, some of which are: ·      As a reaction against the 19th-century legal theories which exaggerated the importance of positive law (law as it is) which caused the need for its revival. ·      The scientists themselves have accepted that scientific study is based on certain pre-supposed notions and in contrast to the concept of time and Read More

Things to know about divorce solutions by Lawyers in Delhi

 Divorce and its increasing dilemma  Divorce is the discontinuation or the dissolution of the marriage. Through the process of ‘dejure’ separation or divorce, a married couple can legally end their marriage. However, it is different from annulment which only nullifies the marriage contract. Divorce allows for cancelling or rearranging the responsibilities and legal duties of marriage. It dissolves all contracts that the marriage entitles to the couple. The recent years have seen increasing growth in divorce rates. The laws regarding divorce have changed considerably over the years. Divorce law involves all issues related to marriage. It involves issues related to child custody, distribution of property, alimony, child support, parenting time and the division of debt. Divorce also allows former partners to remarry and form a family. The divorce rates have been growing alarmingly in the metro cities of India. The past decade saw an increase of divorce in the Read More

EMERGING CHALLENGES RELATING TO HUMAN RIGHTS IN INDIA!!!

KETKI JALTARE

““All Human Beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”     INTRODUCTION:     Human Rights are the basic rights and freedom that belong to every person in the world from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. Thus, human rights are basically relevant to all of us, not just to those who face repression or mistreatment. In India, Human Rights are commonly understood as inalienable fundamental rights to which a person is inherently entitles simply because she or he is a human being. Human Rights are thus conceived as Universal and Egalitarian which are applicable to everyone and everywhere. These rights may exist as natural rights or as legal rights.     As per Justice J. S. Verma, ‘Human rights are indivisible, inter-dependent Read More

Right to Privacy and Arogya Setu App

ISHITA GUPTA

RIGHT TO PRIVACY AND AAROGYA SETU AAP -By Ishita Gupta, JIMS, GGSIP University INTRODUCTION In the previous years in India, the law would give protection only from physical dangers like trespass from which the proper to Property emerged to secure his house and cattle. This was considered to be the proper to Life. As the ever changing common law grew to accommodate the issues faced by the people, it had been realized that not only was physical security required, but also security of the spiritual self also as of his feelings, intellect was required. Now the proper to Life has expanded in its scope and comprises the proper to be including the proper to liberty secures the exercise of in depth civil privileges; and the term “property” has grown to comprise every sort of possession be it an intangible property or a tangible property. Right to privacy isn't enumerated as a Fundamental Right within the Constitution of India. The scope of this right first came up for Read More

AN ANALYSIS OF THE LATEST DECISION OF SUPREME COURT ON EQUAL COPARCENARY RIGHTS OF A DAUGHTER IN HUF

The fact ‘right to property’ is important for the freedom and development of a human being has remained constant through ages. In India, property laws have been framed based on the customary laws prevalent which was patriarchal in its very essence. Laws were amended time and again to accommodate the changes based on the changes in societal landscape.   Background A woman in a joint Hindu family, had a right to sustenance, but the control and ownership of property did not vest in her.  In a patrilineal system, descent through the male line, a woman, was not given a birth right in the family property like a son. However, during the British regime, the country  became politically and socially integrated, paving way for the earliest legislature bringing women into the scheme of inheritance which became The  Hindu  Law  of Inheritance Read More

Lawyers in Delhi

Neha Roy

Introduction The profession of Law is unarguably one of the most noted professions given its nature of function. It holds immense value in the society with regards to the powers vested in this profession and the capacity that it holds in transforming a society. However, it is also among the most challenging professions of today. The profession of Law is governed by Lawyers, who are the legal representatives of the legislative and are entitled with authority to bridge the common man with the legal framework.  The profession holds a leading role in creating, managing and following the societal fabric constructed by humans. The legislative body is the reflection of the rational society and the whole structure of modern democracies is based on the legal framework of the state. The Lawyers are the representatives of this legal framework that runs a nation. In order to be a Lawyer one needs an extensive academic and professional training. A Lawyer in India needs a Bachelor Read More

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005

ASHISH SAMAL

 ·        Despite many laws violence against women is on the high at all domains – private and public.  ·         Violence against women at different levels have contributed to women’s social exclusion and poverty.   ·        According to NCRB report one crime is committed to woman in every three minutes.  Crime Clock - India 1 Rape case – 29 mins. 1 Molestation case – 15 mins. 1 Sexual harassment case – 53 mins. 1 Dowry death – 77 mins. 1 Cruelty case – 9 mins     NEED OF THE ACT ·        THE PROTECTION OF DOMESTICVIOLENCE ACT” was introduced and came into force in 2005. It guarantees article14,15, and 21 of the Indian Constitution ·        This law recognizes the right of Read More

Hindu Succession Act

Question of Law 1.     Whether excluding daughter from the entitlement in HUF is valid? 2.     Whether unmarried daughter and married daughter have different titles in HUF? 3.     Whether the married daughter loses her privileges after marriage? 4.     Whether the law made in this behalf serves the objective of the legislation? Court Observation The Supreme Court consisting of the Division Bench of Three Judges before whom the matter was raised on some question of law with regards to The Hindu Succession Act. The Division bench after considering the matter filed before the court authored a 121-page judgment in which such issues were dealt at length, the Solicitor General of India at length while submitting the arguments presented various precedents to present the status of the daughter with regards Hindu Succession Act and landmark judgments decided by the Read More

Real Estate Regulatory Authority (RERA)

Neha Roy

Real Estate Regulatory Authority (RERA)  Real Estate Regulatory Authority also known as RERA is an act for promotion and regulation of the real estate sector for the sale of apartment, plot or building in a hassle free manner. It was enacted by the Parliament in May 2016. This act basically aims to secure the interest of the buyers and protect them from fraud sellers. Each state set up the Real Estate Regulatory Authority to regulate the real estate development. The provision is applicable to both commercial and residential properties. RERA aims to bring relief to the homebuyers and the builders will be held responsible for the delivery of the projects on time and thus it develops a trust between the buyers and the sellers. The developers need to get approval from different government authorities before launching any project and disclosure of all the details on the website is compulsory followed by which different state RERA guidelines will be set up. Any agents who Read More

Domestic Violence and Women Rights

Neha Roy

Domestic violence in India means physical abuse of a person by another person who is a blood relative and usually in general connotation it means the physical abuse inflicted upon a female by her male relatives within the confinements of home. The Section 3 of the Domestic Violence Act, 2005 defines it as follow; For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it –  (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or  (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or  (c) has the effect of threatening the aggrieved person Read More

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