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Codification Of Personal Laws

Key Takeaways Personal laws are a system of laws that apply to a specific class, group of individuals, or people based on religious beliefs, faith, and culture. The Charter Act of the British Parliament of 1833 established a Law Commission to unify and codify Indian laws. ..

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Distinctive Elements In Advertising Campaigns Can Be Protected Under Intellectual Property Laws: Delhi High Court

The Delhi High Court noted that an advertising campaign may be given legal protection if it identifies the source and has grown to be characteristic of the party, but added that the standard for proving distinctiveness in such a situation would be rather high.  According to Justice Pratibha M. Singh, while distinc..

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Jamia Millia Islamia Cannot Use Courts As Shield To Get Funds From UGC: Delhi High Court

The Delhi High Court stated that Jamia Millia Islamia (JMI) could not use the court as a shield to obtain funding from the University Grants Commission (UGC) in response to the university's request that the commission provide money for the Sarojini Naidu Centre for Women Studies.  The court made its oral obser..

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Merely Placing Sale Deed On Record Doesn't Absolve Party From Establishing Right To Claim Land Compensation When Possession Not Established: Delhi HC

A plea was being heard by a bench composed of two judges, Justice Siddharth Mridul and Justice Gaurang Kant, seeking direction against the authorities to hand over or restore back the vacant and peaceful possession of a land. Alternatively, petitioner also sought direction against the authorities in order to acquire th..

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Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court

According to the Kerala High Court, a promise to marry will only constitute rape if it was made with malicious intent, was tainted by fraud, or was not intended to be kept at the time it was made. Justice Bechu Kurian Thomas granted bail to a lawyer who had been charged with raping a female lawyer after making a promis..

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Clinical Establishments (Registration and Regulation) Act 2010

KEY TAKE AWAYS It is a law that states how health professionals must register with the government and adhere to a code of conduct. According to Article 47 of the Constitution, the State has a duty to improve public health, and it should be one of its top priorities. p style="text..

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Drone Laws In India: An Analysis

Key Takeaways The formal name for the term ‘drone’ is an unmanned aerial vehicle (UAV). Drone operations are permitted in India. India's Ministry of Civil Aviation (MoCA) established a new drone policy on August 26, 2021. The Civil A..

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POCSO Act Will Apply Even If Girl Has Attained Puberty And Become Major Under Muslim Personal Law: Delhi High Court

The Delhi High Court was hearing a plea seeking to rescind an FIR filed under sections 376 (Rape)  and 506(Punishent for Criminal Intimidation) of the Indian Penal Code and section 6 of POCSO Act as well as the charge sheet filed under section 376, 506, 406 and 377 of the Indian Penal Code  read with section 6 (aggravated penetrative sexual assault..

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Landlord Entitled To Mesne Profits From Tenant When Execution Of Decree Of Eviction Is Stayed : Supreme Court

The Supreme Court bench composed of Justice Indira Banerjee and Justice J.K. Maheshwari have restated in the case M/s. Martin & Harris Private Limited &Anr. V Rajendra Mehta &Ors that once a decree for possession has been passed and the execution is delayed, thus depriving the decree holder to reap the fruits of his possession, it is necessary fo..

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Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: SC

Without mincing any words, the Supreme Court has in an extremely laudable, learned, landmark and latest judgment titled M/S Ramnath Exports Pvt Ltd vs Vinita Mehta & Anr. in Civil Appeal No. 4639 of 2022 [Arising out of SLP (C) No. 30216 of 2018] cited in 2022 LiveLaw (SC) 564 and pronounced as recently as on July 5, 2022 minced absolutely no words in holding unequivocally that substantive ..

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Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: Supreme Court

The Supreme Court stated that a litigant's substantive rights should not be overturned due to a procedural error that can be corrected.  In this instance, despite the fact that two different decrees were prepared, two lawsuits (one filed in 1989 and the other in 1993) were tried concurrently and resolved (in 2..

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Muslim Personal Law/ Shariat Can't Be Tested On Anvil Of Article 14 Due To Binding Supreme Court Precedents: Kerala High Court

The Kerala High Court stated on Tuesday that it was constrained by Supreme Court precedent to the contrary and could not rule that a Muslim woman may be appointed guardian of her young child's property.  Even though it may be possible to argue that a personal law prohibiting Muslim women from serving as guardi..

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Comprehensive Analysis Of The Unlawful Activities (Prevention) Act, 1967

Key Takeaways The Unlawful Activity (Prevention) Act is an Indian statute that aims to prohibit illegal activities and associations in India. The phrase "unlawful association" was included and utilized in the criminal code amendment act of 1908 to criminalize and prose..

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Concept Of Consent Under Indian Rape Laws

KEY TAKEAWAYS The concept of consent Rape under Indian laws What implies consent and what does..

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Withdrawal From Prosecution: A Comprehensive Analysis

Key Takeaways Section 321 of the Code for Criminal Procedure proves the Public Prosecutor with the authority to withdraw from prosecution following the court's consent. Specific laws dealing with terrorist-related activities, such as POTA (repealed), and UAPA, do not have th..

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