Everything You Need to Know About “The Right to Be Forgotten”
“Right to Be Forgotten” (hereafter referred to as RTBF) introduced in 2014 by the European Court of Justice in the Google Spain case, provides the right to the data subjects to get their personal information removed from the online databases. Read More
AN OVERVIEW OF DUTIES OF AN ADVOCATE
Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed there under section 49(1)(c) of the Advocates Act, 1961. Read More
RIGHTS AND PRIVILEGES EVERY ADVOCATE SHOULD BE AWARE OF
Advocates are the pillars of the legal system. A person requires an advocate to reach a legal remedy or file any suit. According to Black Law’s Dictionary, an Advocate is “one who renders legal advice and aid and pleads the cause of another before a court.” Read More
VIDEO CONFERENCING RULES – HIGH COURT OF DELHI
These Rules shall be called the “High Court of Delhi Rules for Video Conferencing for Courts 2021” Read More
Is Writ Petition Regarding Misconduct of Judiciary Maintainable?
The registry is free to consider the maintainability of the matter and refuse the matter. Read More
The process to Determine Motor Accident Compensation cannot be done by continuing Mandamus
Court relied upon the government policy framed in that regard is out of their jurisdiction while determining the amount of the compensation under motor accident claim proceedings. Read More
An Overview of the Incoterms 2020
International Commercial terms precisely called ‘Incoterms’ are the commercial terms that spell out the responsibilities of both buyer and seller in the import-export of goods. Read More
Legalities in Starting a Startup in India
Starting a startup in India does not seem to be that complex, with Government supporting the culture of startup and providing them with incentives. Read More
Can Plaint be Amended at Later Stage?
The petitioner had filed a civil suit against the respondent company, that is, Sprint Cars Pvt. Ltd. to recover the amount of Rs. 31, 65, 271 accompanied with the interest. Read More
India’s Stand on Transgender Protection
On July 19, 2019, Mr. Thaawarchand Gehlot, Minister of Social Justice and Empowerment introduced the Transgender Persons (Protection of Rights) Bill, 2019 in the Lok Sabha. Read More
Important FAQs on Banking Ombudsman
Banking Ombudsman is a senior official which is a quasi-judicial authority created in 2006 by the Reserve bank of India. Read More
An Insight of the Electricity (Rights of Consumers) Rules, 2020 and its Amendment Rules, 2021
In exercise of its powers conferred under Section 176 of the Electricity Act, 2003, the Central Government has issued the Electricity, Read More
Is Encryption Protecting Your Rights? Is Law Sufficiently Enforced to Protect Your Rights? Right to Privacy Vis-à-vis Encryption and Law Enforcement
While law enforcement agencies had their own reasons for creating backdoor, encryption had its own reasons for existing, Read More
How Pandemic and Work From Home have Affected Privacy Norms of Companies
Work from home was not started as an internal policy by the companies, rather was forced upon by the pandemic. Read More
Cloud Computing: Data Security Issues and Solutions
Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources, Read More
Data Protection and Privacy Issues in India
State may interfere with the individual’s right to privacy, however, there must be a justification in law to justify such encroachment on privacy of an individual. Read More
Internet Law and Tax
Internet have changed the way people used to do almost everything, from communication to travelling and even shopping. Read More
Cross Border Issues Under Data Protection Law with Regards to Personal Data Protection
Even after the introduction of additional protocol to the convention, enforcing data protection laws to the non-member states seemed extremely difficult. Read More
Reasonable Time must be provided to the Parties in Order to Fulfill the Terms of the Mediation
Held mediation as a form of ADR must give the importance and the agreement made between the parties the mediation proceedings, Read More
Economic Criterion cannot become the sole ground for identifying Creamy Layer
In order to determine the ‘creamy layer’ the court held that all those individuals who belong to backward classes and attain a high post, Read More
A Person after Acquittal has a Right to Redact his name from the judgment.
Court must hear the parties carefully before granting the redaction of their name. Read More
The legality of the Emergency Arbitration Award in India
Emergency Arbitration doesn’t have legal recognition under Part 1 of the act and hence, Read More
Thumb Impression cannot become Ground to Doubt the Genuineness of Property Transaction
Was held that objection as to the mode of proof is a procedural law and can be waived and once it is, Read More
Right to Shelter doesn’t mean Right to Government Accommodation?
The respondent had asked to vacant the government accommodation on or before 31st October 2021 after, Read More
Do Expiry of Probation Period Gives Right of Confirmation?
It was held even after the expiration of two years of probation the probationer was allowed to continue for a further two years period then automatic confirmation, Read More
Mens Rea isn’t required to prove Medical Negligence?
The court is of the opinion that it is appropriate to set aside the impugned judgment and order of the High Court, Read More
The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2021 passed in Rajya Sabha
The prime objective of the Bill is to amend the Constitution to allow states and union territories to prepare their own list of socially and educationally backward classes. Read More
The Concept of Dilution of Trademarks
In order to protect the interest of the owner of the mark, legislature intended to formulate the protection policies into an Act. Read More
Unmarried girls don’t indulge in carnal activity until assurance of marriage: Madhya Pradesh High Court
Unmarried girls should not indulge in carnal activities until there is an assurance of marriage. Read More
Res judicata is not a ground to reject a plaint under Order VII Rule 11(d) CPC – Supreme Court
The Res Judicata cannot be a ground for rejection of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure. Read More
Hindu organization challenging minority quota was dismissed and fine imposed by Hon’able Kerala High Court
Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity are not entitled to be treated as backward classes, Read More
Supreme Court struck down the major part of the 97th Constitutional Amendment
No substantive challenge to Part IXB on the ground that it violates the basic structure doctrine. Read More
Production of Injury Report isn’t a Sine Qua Non for Establishing Offence under Section 323 I.P.C.
It is proved before the court that all the accused are a member of an unlawful assembly. Read More
Upon rejection of the suit, if the defendant is present before the issuing of summons is allowed to be heard
The court has the power to examine a case even at the initial stage where the suit is barred by order 7 rule 10 or 11. Read More
To Avail the Benefit of Personal Security, Threat Perception Must be real
Security could not be provided for a mere status to the Politian or any holder of the parties until and unless there is real threat perception. Read More
WhatsApp Messages have no evidential value
Messages exchanged on social media platform WhatsApp have no evidential value, Read More
Constitutional Validity of the ban blanketed on online games
Blanket ban put by the state by way of amendment ultimately breaches the right guaranteed under Article 19 (1) (g) of the constitution. Read More
Judges Must Avoid Making Remarks on Counsel’s Conduct which may have no Impact on Judgment
Held that the remarks recorded by the learned judge against the appellant should not have been made in the way it was done. Read More
Depravity of salary is a violation of Articles 21, 23, and 300A: Uttarakhand HC
Has held that non-payment of monthly salary is a violation to Article 21, 23, and 300A of the Constitution of India, Read More
Conversion into Minority will lead to disentitlement of Backward class ?
Muslims, Latin Catholics, Christian Nadars, and Scheduled Castes converted to any denomination in Christianity are not entitled to be treated as backward classes, Read More
Mortage by Conditional Sale: Critical Analysis
The property shall be reconvened to the mortgagor, it was held by the High Court that such a transaction amounts to mortgage by conditional sale and it was not an outright sale. Read More
Whether Citizen’s can protest on public places for an Indefinite period?
The administration must take action to keep the areas clear of encroachments or obstructions. Read More
Priority must be given to the Parents when it comes to the custody of their Child
Second marriage of the mother cannot be taken as a ground for not granting custody of her child, Read More
Private Interest is not protected over Public interest
The power of judicial review cannot be used to safeguard the private interest upon the public interest. Read More
A Letter of Intent isn’t a binding contract unless specified
There is no binding effect between the parties as there was no formal contract and the maximum the appellant can do is, Read More
Kulbhushan Jadhav Case
Kulbhushan Jadhav: He was a commander in the Indian navy. Kulbhushan Jadhav was arrested on 3rd March, 2016 by the Pakistani military on the grounds of espionage and terrorism. Read More
Test Identifications Parade and its legal procedure
Guilt cannot be purely based upon the refusal of the accused to go through the Test Identification Parade. Read More
A Suit is not maintainable if a representation petition is not followed
Eight writ petitions have been filed by the lessees whose lease would be expired on 31st March 2020 by the virtue of Section 8A (6) of the Mines and Minerals Act, 1957. Read More
A Brief of Shri KalakaJi Mandir Case
To ascertain the ongoing position in the KalakaJi Mandir, the court appoints a local commissioner to inspect and submit a report. Read More
Procedure of Dissolution of Partnership Firm: Two Partners Firm
There must be more than one partner and if there are only two partners then in case of retirement also the firm will be led to dissolution. Read More
Status of being rich and poor doesn’t matter in the eyes of law
Article 14 of the constitution provides that every citizen of India in the territory of India have a right to receive equal protection of the law. Read More
Whether the Co-operative Banks come within the Ambit of SURFAESI Act?
Applicability of SARFAESI Act on co-operative banks will be beneficial for the co-operative banks as it can now expeditiously sell the borrowers, Read More
Can District Consumer Forum Extend the Limitation Period Provided under Section 13(2)(a) of the Consumer Protection Act, 1986?
Explicit discretion has not been granted by the Court, the period of 30+15 days is mandatory. Read More
Advocates Protection Bill, 2021: Legal Analyses
Provides social securities to advocates as they are the crucial link in our justice system and have been classified as officers of the court. Read More
Revision of Plaint can’t be allowed after Rejection
Error and omissions at every level from the institution of the suit to preferring the appeal in the Supreme Court the justice was not delivered in its true sense. Read More
A Comparative Study on Constitutional Tort
If the sovereign functions exercised by the state is in violation of the fundamentals rights of the individuals then the fundamental rights of the individuals will prevail over the sovereign authority, Read More
Procedure to Enrollment as an advocate
The Advocates Act, 1961 provides that the state bar councils or the state rolls have the flexibility to frame their own rules and regulation, Read More
Advocates Have a Right to Practice before Maintenance Tribunal
Lawyers are now fully entitled to represent the parties before the Tribunal but this would not let the conversion of summary proceedings into long-drawn trial, Read More
To What Extent Protection is Granted to Public Servant
Sanction from competent authority is liable to be prosecuted if the said sanction is an offense committed in the dress of official duty, Read More
No Merit on Vaccination for the Right to work
ensation for recipients of Covid-19 Vaccination against any kind of side effects or medical complication that may arise due to inoculation. Read More
All Delhi District VC Links
Video Conferencing Links of all District Court is provided hereunder, Read More
Whatsapp as a Mode of Service of Summon
The service of summon through WhatsApp, email or any other instant tele messenger mode is a discretionary power of the court, Read More
Two Patent Claims on Single Patent?
There is no technical advancement present in both the patented inventions as well as there is no substantial proof of economic significance that makes a synthesis of the compound, Read More
Rising demand for legal – tech startups
After the COVID-19 pandemic from 2019 this entire process of legal-tech has seen a drastic change due to the fact that people cannot travel due to lockdown, Read More
Christian Medical College Vellore Association v. Union of India (2020): Rights guaranteed under Article 30 Not Absolute
A Three-Judge Bench Court by disposing of the petitions of the petitioner, held NEET to be non-violative of Article 30 of the Constitution of India. Read More
Inherent Power of the Court: Can it be Restricted?
The apex court held that the High Court would have very much jurisdiction to entertain the petition filed to challenge the order of a special judge for framing of charge by rejecting the application, Read More
Justice for All: Supreme Court again safeguards the purpose of law
anticipatory bail can be granted under only exceptional circumstances, where there is the failure of establishing the prima facie case under the SC/ ST (Prevention of Atrocities) Amendment Act, 2018. Read More
West Bengal passes resolution to create a Legislative Council
On 6th July, 2021, Government of West Bengal passed a resolution in the state legislative assembly to establish a legislative council in West Bengal. Read More
Prison Administration lacuna and solutions
One of the major problems which are the root of all other problems is overcrowding in prisons which makes physical separation of inmates impossible and leads to further difficulties. Read More
Decoding The Concept and Law of Insider Trading in India
It is interesting to know that the Market regulator investigated 70 companies in 2019 accused of insider trading. Read More
Delhi government policy for street children
Street children are most vulnerable to the infection of COVID-19 due to their immunity breakdown as they lack nutritious food and many of them are already in the condition of malnutrition. Read More
Status of Mediation Confidentiality in India
As a general rule, the mediation proceedings are confidential. It is a principle of mediation that anything discussed, or disclosed by any of the parties before the mediator cannot be put to record. Read More
India’s new Draft Drone Rules, 2021 Explained
Soon after the attack through a drone in Jammu, the Ministry of Civil Aviation took a bold step and unveiled their new liberalized Drone Rules. These rules are called the “Draft Drone Rules 2021”. Read More
Whistleblowing: An Effective Key to Good Corporate Governance
The increasing number of corporate scams are posing threat to the corporate governance structure of a company. With such being the case, Read More
An Overview of Paper and Electronic Bill of Lading
If a company sends its goods to another by way of sea routes, how the parties ensure themselves that their trade contract will not be revoked? Read More
Freedom of Speech or Misuse of Sedition Law?
CJI N V Ramana told the Modi Government that sedition was framed during colonial rule to shut the voices, however it is not required during present times. Read More
Live-in Relationship: An Indian Legal
A couple living in a live-in relationship is allowed to adopt a child. The child can be adopted from as well as within India. Read More
Post for Empanelment of Advocates
Delhi State Legal Service Authority is inviting application from eligiblecandidates for Centralised Panel for DSLSA.
Total No. of Requirements – 50
Empowering an Unborn: Legal Status of a Fetus
If the abortion is taking place, for saving the life of the mother, then such can be allowed by the court, Read More
Whether Photocopying Amounts to Copyright Infringement?
Section 52 of the Copyright Act and observed that Section 52(1) exempts copyright infringement when: i) the work is reproduced, Read More
Manual Scavenging: Dark Side of the Country
The term mostly referred in India is the practice of manually cleaning, carrying and/or disposing, Read More
Me Too and its Impact
Supreme Court clarified the definition of sexual harassment, which includes unwelcomed sexually tinted behavior, whether directly, Read More
Politics of Constitutional Amendments in India
Today, parliament does not have the power to alter or amend the fundamental rights thus, cannot deprive citizens of their basic human rights. Read More
Is Privatization of Prisons A Solution to Rotting Prisons in India?
When profit constituent comes into picture, the situation of prisons will only get worse rather than getting better. Read More
Sedition Law: Does it Needs To be Revoked?
Case where the alleged accused has created by any word or gesture any act which is against the government or have incited in any manner, Read More
Supreme Court: Final Pedestal of Justice?
legislation cannot and does not bear the burden of being the final pedestal of justice. Read More
Problems Surrounding Public Interest Litigation
Any citizen of Indian who is capable can file a PIL under Article 32(in Supreme Court), Article 226 (in High Court) of Indian Constitution, Read More
