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All About Avyavaharika Debt

KEY TAKEAWAYS It's important to highlight that following the enactment of the Hindu Succession Act in 2005 and the subsequent amendment to Section 6 (4), no court shall uphold any individual’s right to recover debts contracted by their father, grandfather or great-grandfather based on Pious obligation.  Under Hindu law, it contains some of conflicti..

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Did a Wendy's Salad Cause Food Poisoning? Jason's Story

Food poisoning is a serious issue that can happen to anyone. Imagine buying a salad from a well-known fast food restaurant, only to find out that it might have made you sick. This is exactly what happened to Jason, who claims he got food poisoning from a Caesar side salad he bought from Wendy's. Let's take a closer look at Jason's story and the legal battle that fol..

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Demystifying the Burden of Proof in Indian Criminal Cases

The Burden of Proof Needed to Establish a Crime In India Unlike civil cases, where the burden of proof rests on a balance of probabilities, criminal cases require proof beyond a reasonable doubt. The prosecution carries this onus to establish the accused's guilt beyond any certainty. However, as we navigate this legal labyrinth, it becomes apparent that the burden of proof is no..

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Exploring Grave And Sudden Provocation Under The Indian Penal Code 1860

Key Takeaways Grave provocation can manifest in various forms, including physical violence, extreme verbal abuse, or witnessing an unlawful act of a heinous nature Offence of house-breaking under Section 445 involves unlawfully entering or remaining in any building, tent, or vessel with the intention to commit an offence.  While house breaking pert..

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Unsoundness Of Mind As A Defence From Criminal Liability

KEY TAKEAWAYS The origins of the “Insanity defence” trace back centuries, with legal precedents such as “The McNaughten Rule of 1843” in England.  Section 84 of the Indian Penal Code (IPC) establishes the insanity defence, affirming that if a person, due to a mental unsoundness, cannot comprehend the nature or..

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Land Acquisition: Insights Into Uttar Pradesh’s Urban Planning And Development Act Of 1973

Key Takeaways Uttar Pradesh Urban Planning and Development Act is a comprehensive process designed to balance the interests of urban development with the rights and welfare of affected individuals.  It mandates the issuance of notifications, outlines provisions for negotiation and settlement of compensation and emphasises fair and just compensa..

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Understanding Paid Menstrual Leaves: Insights And Implications For India

KEY TAKEAWAYS: Menstruation benefit bill Women sexual reproductive and menstrual right bill Right to menstrual hygiene and paid leave bill Parliamentary debate and Supreme Court’s opinion Critical and comparative Analysis of Paid Menstrual Leave INTRODUCTION: A workplace policy that acknowledges ..

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Basic Understanding Of Labor Laws In India From A Layman’s Point Of View

INTRODUCTION Labor law, also known as employment law, is a vast body of laws, administrative regulations and legal precedents which focus upon the legal rights, restrictions on working people and their organization.  Labor laws mediate various aspects of pre-existing relationships between trade unions, employees, and employers. Labor laws are significant for providing..

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The Doctrine of Frustration (Indian Contract Act, 1872)

KEY TAKEAWAYS The Doctrine of Frustration is rooted in the legal principle summarized by the Latin maxim “Les Non-Cogit Ad Impossibilia”, which asserts that the law cannot compel individuals to perform impossible tasks. This principle acknowledges the limitations imposed by external circumstances beyond the parties' control.  The Indian Contra..

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The High Court’s Revisionary Power: Scope And Implications

KEY TAKEAWAYS Section 397 - 401 of the Code of Criminal Procedure (CrPC) grants both the ‘Sessions and High Court’ concurrent powers for revision.  Section 115 of the Code of Civil Procedure (CPC) grants the High Court the power of revision in civil matters, allowing it to oversee and correct decisions made by subordinate courts.  ..

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Shield Turned Weapon: Decoding Misuse Of Sec 498a Ipc

INTRODUCTION Section 498A of the Indian Penal Code, 1860, a legal provision instituted in the year 1983, serves as a bulwark of protection for marries women, shielding them from the malicious acts of cruelty perpetrated by their husband or his kin. It was  enacted, along with Section 304B (on dowry deaths), to combat the rising threat of dowry-related violence against married w..

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Condonation Of Delay Under Section 5 Of The Limitation Act

KEY TAKEAWAYS: Insight on the concept of Condonation of Delay as an exception to The Limitation Act, 1963. Section 5 The Limitation Act, 1963 Essential features, conditions and exceptions and principles of the Condonation of Delay INTRODUCTION The Limitation Act, 1963, of which the conception of Condonation of Delay is an e..

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Cyber Appellate Tribunal and its significance in India: A Short Analysis

Introduction As our able readers might be aware, how significant space the Cyber World has created in our lives, due to which since the past decade Cyber Crimes have also tremendously increased in India. The Information and Technology Act, of 2000 specifically deals with the provisions to curb, prevent, and stop the increasing rate of cybercrimes also ensur..

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Accused Not Entitled To Pre-hearing Before Lodging Of FIR: Chhattisgarh HC

It is in the fitness of things that while pulling aside the curtains on the looming question on whether the accused is entitled to pre-hearing before lodging of FIR, the Chhattisgarh High Court in a most learned, laudable, landmark and latest judgment titled Dr RP Dwivedi vs State of Chhattisgarh in CRMP No. 1725 of 2023 and cited in Neutral Citation No.: 2024:CGHC:15496 that was reserved on 13..

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Legal Guidelines for Electrical Safety Compliance

Have you ever thought about all the legal hoops and safety measures that electricians need to jump over to ensure you can safely flip on a light switch or charge your smartphone? That's because behind the scenes there lies a vivid tapestry of regulations and safety standards designed to keep people and property safe from electrical hazards. National Electrical Code Importance/h2..

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