blogs Archives

Transgenders Right to Equality & Much Needed Gender Neutrality in Laws

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Our great nation has vibrant democracy governed by Rule of Law, with our founding fathers copiously discussing all the constitutions of the World and its evolution of over 150 years during the constituent assembly debates. Our geniuses in the constituent assembly deliberated for almost three years, before finally agreeing upon our magnificent Constitution pervaded with […]

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Understaning Criminal State of Mind or “Mens Rea”

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Mens rea is latin term that literarily means evil intend or guilty mind. The above-stated maxim “actus non facit reum nisi mens sit rea” states that a person is said to be guilty if the act has been done by a guilty mind or with evil intention. While fixing the liability of an individual it

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What is SC/ST Act? A Brief Introduction

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Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. They continue to be a reality in our society even today. Hence, the statutory provisions which have been enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled

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PIL to dispel fear of Leprosy and its impact on ground of Divorce

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Historical aspect of Leprosy: There have been a number of myths and misconceptions about leprosy in India for centuries. According to old tales, Leprosy is a genetic and contagious disease caused by dirty blood and poverty. Many people also believe that Leprosy is spread through food and water and that it is difficult to diagnose.

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Analysis of the 2018 Amendment of PC Act

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For the prevention of corruption in government agencies and to prosecute and punish public employees who engage in corrupt actions, the Prevention of Corruption Act, 1988 (POCA) was established. It’s a potent weapon in the fight against evil. The success of the fight against corruption depends on how well this legislation works. In cases where

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Compromise Quashing: FIR or Complaint

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Compromise Quashing: Parties to the dispute who have arrived at a settlement can file a petition for quashing of the criminal proceedings, FIR, or complaint on the basis of such compromise in the High Court. Section 482 CrPC gives the High Court’s inherent power to pass appropriate orders to prevent abuse of the process of

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Legal Practice: A Return to the Fundamentals

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What is the Definition of Legal Practice? It is providing professional, zealous, lawful, and ethical service to clients. Lawyers enter into this covenant not only with their clients but also with society, as the ultimate defenders of the rule of law. The practice consists of three primary components: legal skill, judgment, and persuasion. Whether they

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Cruelty as a Ground of Divorce

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Cruelty: In dictionary terms, it implies intentional or unintentional behavior of an individual that causes physical or mental harm to other being. Legal Cruelty: includes the acts committed by the erring spouse that enable injured spouse to get divorce from the Court. Section 13, Hindu Marriage Act enumerates the grounds on which divorce can be

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Pendente Lite Maintenance & Permanent Alimony

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What is the meaning of Pendente Lite Maintenance and Permanent Alimony? Maintenance Pendente Lite and expenses of proceedings: During pendency of the matrimonial case, this is a maintenance relief under Hindu Marriage Act (HMA) where either the wife or the husband who has no sufficient independent income for her/his support, upon filing the application for

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Void and Voidable Marriages

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What Are Void and Voidable Marriages? Void marriages: Void marriages are the marriages that are in contravention of the Section 5 (i), (iv) & (v), Hindu Marriage Act and such marriages shall be null and void since the very beginning. Voidable marriages: Voidable marriages are the marriages that are in contravention of the grounds enumerated

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