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Right of Unborn Child

Neha Roy

  RIGHT OF UNBORN CHILD India is a democratic country. Every citizen in India  is entitled to enjoy certain  rights , right from their birth irrespective of what gender, caste , creed etc they belong from.. Every citizen residing in the country is ensured with equality for all..  But what about a child who is still in the mother’s womb i.e about to take birth? Is he/she entitled to any rights? There are many doubts and queries  regarding their rights.  In this blog I shall discuss about the rights of an unborn child in India. RIGHTS OF AN UNBORN CHILD IN INDIA   There have been many conflicts and cases regarding property rights of an unborn child. The Legislative focus is aimed at women who choose abortion. Despite there is no legislation or statues that particularly defines the right and position of an unborn child, several legislations defined it to be a legal person by fiction. Though the fact still lies that a Read More

BANKRUPTCY

INTRODUCTION  Bankruptcy is the legal proceeding which involves an individual or business that is unable to repay outstanding debts. The bankruptcy process begins with a petition filed by the debtor, which is commonest, or on behalf of creditors, which is less common. All of the debtor's assets are measured and evaluated, and the assets are being used to repay a portion of outstanding debt most of the time. Bankruptcy is a legal proceeding which carried out to allow individuals or businesses, freedom from their debts, while simultaneously providing creditors a chance for repayment.Bankruptcy can allow you a clean start, but it will stay on your record for a number of years depending on the type of bankruptcy one filed. Filing for bankruptcy is supposed to allow people in serious financial distress some relief and an opportunity to start over, by the time most people get to that point, they’ve already tried many other methods to manage their Read More

APPLICABILITIES OF LABOUR LAWS TO TRAINEES IN INDIA

There is no specific law which determines or include the term trainee, thus, law associated with trainees in India is one of the foremost complicated subjects has ever evolved. The reason beingthat those that are trainee are employee at the same time. Organizations which engages the trainees should better have knowledgeregarding all laws before engaging any trainee to the organization/company.  Over time, people had quarries many times on how to comply with the statutory norms for Trainees and interns, but there is not much clarity on the subject. Hence,through this blog, I will try to put down certain facts and figures and an attempt to bring a bit more clarity on the topic.  WHO ARE TRAINEES ?  There is no act, whether labour law, EPF or ESI(Employees' State Insurance) , define the word or position “Trainee”, hence a typical understandingterm Read More

Problem facing Public Interest Litigation in India

Simi Paul

Prior to current judicial system suits were heard just from those gatherings which were directly influenced for the matter. The bulk of citizens were unaware of their legal rights. Public Interest Litigation (PIL) had changed the entire traditional system of the aggrieved party. It can give remedy to a larger mass of population altogether. The motive behind the creation of PIL is to provide remedy to the Public at large. In spite of these characteristics and need of the Public Interest Litigation, it has faced a number of draw backs in India.  In this blog I am going to discuss regarding the topic Problem facing Public Interest Litigation in India Some of the draw backs which could be traced are as follows:       1.     The Untrustworthy PIL Activist- The untrustworthy PIL activists all over the Nation have played an important role in bringing the drawbacks of PIL in India. Many a times it had been found that Read More

Development of Anti Terror Laws In India Over The Years

Parth Kashyap

                          ANTI TERROR LAWS IN INDIA  To find a solution or remedy to a problem, we need to ascertain the problem and its subject matter. For example, to make laws to safeguard the interest of SCs/STs, we need to first identify the SCs/STs. Or to make laws to prevent the illegal activity related to money laundering, one needs to first define the Act of money laundering and set the scope of it. Similarly, to address the problem of Terrorism, we first need to define Terrorism and the acts which shall fall within the scope of Terrorism. Terrorism is a global menace and as such there is no universally accepted definition of Terrorism. There has been a continuous demand for a Global definition of Terrorism at UN, a definition which shall be accepted by all the countries around the globe and Read More

Legality of private detective agencies in India

Shreyash Mohta

In my recent blog, I shall discuss about the much debated question, i.e. whether or not it is legal to hire a detective/detective agency and does or, does it not violate the ‘Right to Privacy’ which has recently been included to be one of the latest Fundamental Rights by the Hon’ble Supreme Court of India.  My blog shall deal with three broad topics:-  1.    Is it legal to hire a detective/detective agency?  2.    Is there any Statutory Control?  3.    Do such services violate the ‘Right to Privacy’? Is it legal to hire a detective/detective agency?  By the very concept of hiring a detective/detective agency we mean to say that we hire certain professionals who are professionals in a specific work field having specific set of skills which involve monitoring, surveillance, gathering of evidence etc.  However, the question now arises is that the work which they do is hidden, not known Read More

Sec 377 and the new changes

Neha Roy

  SEC 377 AND THE NEW CHANGES WHAT IS SEC 377? Sec 377 was introduced in the year 1861 during the British rule of India which criminalises the act of homosexuality which means sex with the same gender. Thus it states that whoever out of their own free will has carnal intercourse against the system of nature shall be punished with imprisonment of life. There were many debates regarding this and people continuously fought for legalising Sec 377. HISTORY The movement to repeal Section 377 was led by the Naz Foundation (India) Trust a non-governmental organization, which filed a law suit in the Delhi High Court 2001, seeking legalisation of homosexual intercourse between consenting adults. This was the second such petition, the first filed in 1994 by AIDS Bhedbhav Virodhi Andolan.  In 2003, the Delhi High Court refused to consider a petition regarding the legality of the law, saying that the petitioners had no locus standi in the matter. Read More

Property Law in India

Neha Roy

PROPERTY LAW IN INDIA Property law has always been an area of concern for any country as it is something which every member of a society whether rich or poor has to deal with. It governs the relationships between the members of a society in respect to things which can be tangible or intangible.   Property Law in India has undergone a number of changes and complications related to it’s  formation and execution.  .  In this blog, I shall discuss in details about property laws in India and its various aspects. HISTORY OF PROPERTY LAW IN INDIA The Property Law and the Property rights  had always posed a challenge to the government as it tried to initiate its program of land reforms to dismantle the zamindari system. It was a structure of agriculture that resembled feudalism and had resulted in an massive amounts of land being vested in a few hands.The laws related to the property were governed by the principles of English Law, Equity Read More

All you need to know about cheque bounce

Neha Roy

ALL YOU NEED TO KNOW ABOUT CHEQUE BOUNCE Cheque bounce is one of the most common problem people face these days. What is cheque bounce? When does cheque bounce happens? What are the reasons for cheque bounce? How to deal with that?  These are the common queries people have regarding cheque bounce. In this blog, I shall discuss all the topics related to cheque bounce and how to deal with that. WHAT IS CHEQUE BOUNCE? Before that we need to know what is actually a cheque? A cheque is basically a bill of exchange drawn upon a designated banker which is payable only when it is demanded by the applicant.  Cheque bounce which is also known as dishonour of cheque is a basically failure of payment by the drawer towards the drawee or say it is an unpaid cheque returned back by the bank due to some or the other reasons. WHAT ARE THE REASONS FOR CHEQUE BOUNCE? There are various reasons a cheque can bounce. Following are the reasons for cheque Read More

How is an NGO, a Trust and a Foundation Different?

Avik Chakravorty

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.  Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.  Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees Read More

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