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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

For further details download the Notice by clicking here

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

Miscarriage of Fast Track Justice

With India having a population of more than 1.3 billion people, the current judges to population ratio is 10.5 judges to 50 million people. Read More

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