Juvenile delinquency in India: A critical analysis

Rupaly Middha & Shashwat Tomar1. ABSTRACT “Treat the Cause and Not the Symptom. Government of India needs to wake up to this idea when it comes to dealing with juvenile delinquents”. Juvenile delinquency problem has been in existence since time immemorial. It is an important feature of all societies, be it simple or complex. To solve this problem The Juvenile Justice (Care and Protection of...

Mediation: Restoring the imbalance of power in cases of Domestic Violence

Preethi Kavilikatta, Final Year Student of  Year LL.B, Symbiosis Law School, Pune Abstract In every case of domestic violence there are two over riding interests which should be guarded carefully- protecting the victim from further abuse and empowering the victim to take back control over her life[1]. Those opposed to Mediation, where domestic violence is present, argue that mediation legitimizes...

Distinction between expiry date and best before date

Madras High Court while dismissing a writ petition of Certiorari and Mandamus, observed that, there is a clear distinction between the term expiry date and the best before date, whereas, the best before date signifies the duration for which the product shall remain marketable and retain its specific qualities if stored in appropriate conditions and on the other hand, “expiry date” is the date...

[Breaking] Using derogatory terms against spouse amounts to cruelty

Division Bench of the Supreme Court consisting of Vikramajit Sen and Abhay Manohar Sapre JJ while allowing a petition for dissolution of marriage on the ground of cruelty held that, either of the spouse to a marriage abuses the other OR calls police and lodge false complaint against the other spouse or his relatives OR refusing to allow close relatives from visiting other spouse and reside in the matrimonial...

Right to life and the ethics of euthanasia

It is believed across the globe that, God created this world, and the creation of life is assumed to be the most precious thing in the earth. It is immaterial, how advanced Science and technology we have, the secret behind the cause of life and death remains uncertain. Well, legally speaking, every human being has got a right to life. In India, Article 21 of the Constitution guarantees Right to life...

Purchased for commercial purpose, not consumer

National Consumer Disputes Redressal Commission (hereinafter referred as NCDRC) while considering the dispute between EMAAR MGF Land Ltd. and Banga Constructions Pvt. Ltd., held that, anyone including a corporation OR a company who has purchased any goods or hired any services forany commercial purpose, then they shall not fall under the definition of consumer within the meaning of Section 2 (1) (d)...

[Breaking] Husband not bound to provide maintenance to qualified wife

While considering a petition for maintenance1under Section 125 of the Code of Criminal Procedure, a Family Court at Mumbai held that, a wife who is well educated/qualified and capable ofearning livelihood cannot sit idle at home and claim maintenance. While delivering the judgement it was observed by the court that, provisions of Section 125 of Code of Criminal Procedure is widely misused in todays’...

[Breaking] No domestic violence case can be filed against lover

While hearing a petition under the Domestic Violence Act, 2005, Justice S. B. SHUKRE of Nagpur Bench of Bombay High Court held that, under no circumstances, a lover is bound to pay maintenance to his lover who is a married women, because such relationship does not constitute a domestic relationship and therefore, the provisions of Domestic Violence Act, 2005 cannot be applied against the lover of the...

Maintain confidentiality of sensitive documents [Confidential]

While hearing an appeal under Section 19 of the Family Courts Act, 1984 which is directed against the order dated 5th June 2015 passed by the Principal Judge, Family Court, Saket, Division Bench of Honourable High Court of Delhi constituted by S. Muralidhar and I.S. Mehta JJ, dealt with a serious issue of infringement of Right to Privacy. It was a case where the attorneys produced very sensitive documents...

[Breaking] Dowry can be demanded at any time, says Supreme Court

A bench of M.Y. Eqbal and P.C. Ghose JJ. of the Supreme Court of India, while upholding the life term of the appellant, said that, dowry can be demanded at any time, and it is not necessarily before marriage. It was a case were the appellant was sentenced for life term for poisoning and burning his wife to death. Read more on offences relating to marriage Appellant pleaded before the Honourable Supreme...

Online Shopping and Consumer Protection in India

Eira Mishra Recent years have seen an exponential growth in the domain of online shopping in India. Several etailers have made available a magnanimous array of products at your mouse click. Consumers have increasingly taken to this trend as is evident from the growth this sector has witnessed. Comparing products and prices was never this convenient. This brings forth the query whether customers of...

[Breaking] Indians can marry foreigners under Special Marriage Act

Indian Parliament enacted the Special Marriage Act in the year 1954 providing an opportunity to all Indian nationals, including those who are resident of foreign countries to marry irrespective of their religious faith OR belief. In certain cases Special Marriage Act, 1954 provides a special form of marriage; provides registration of such marriages and also provides provisions for divorce. In the give...

[Breaking] No night shifts for women employees in Kerala after 10 PM

In order to ensure the safety of women employees, Honourable High Court of Kerala held that, women employees cannot be asked to work beyond 10 PM. While considering the petition filed by a woman employee of Seetharam Textiles, Kerala High Court observed that, now a days, crime rate against woman are increasing, and therefore it is essential to have sufficient precautionary measures to safeguard working...

Marrying again (Bigamy) during lifetime of husband or wife

Section 494 of the Indian Penal Code, 1860 deals with the offence of Marrying again during lifetime of husband or wife. The offence under above mentioned Section is known as Bigamy under English law. However, Section 494 does not apply to Muslim males who are allowed to marry more than one wife, but the same is applicable to Muslim women. In order to constitute an offence under Section 494, of the...

[Breaking] Sasuralwale to include husband in dowry death cases

Dowry harassment cases and dowry death cases are increasing now a days. In the recent case ofRajesh Kumar Kaushik v. State of Chhattisgarh, the question came before the Honourable High Court of Chhattisgarh was, whether; the term Sasuralwale includes husband and his relatives,while deciding dowry death cases. The instant case was an appeal filed by the husband (appellant), challenging the trial court...

How to prepare for CLAT exam in 30 days

Recently have come across an interesting newspaper advertisement of a leading CLAT coaching centre, claiming to offer to prepare for exam (CLAT preparation) in 30 days. I was just wondering that, whether it is possible to prepare for Common Law Admission Test in just 30 days. Oh yeah may be possible, because, earlier there were lot of books published offering to learn any language in thirty days....

How to write a literature review?

Have you ever, come across a situation, where you needs to write a literature review? May be for your dissertation work or for the Ph.D thesis writing. Well, first let us try to understand what a literature review is and what the essentials of a literature review are. A literature review is a text of a scholarly paper. It is an account of what has been published on a topic by accredited researchers...

How to write a case study?

How often you are asked to write a case study during your college days. Do you ever, have a clear indication as to what is expected to be the content of a case study? ON THE OTHER HAND,do you have any training on how to write a case study? If not, do not worry, we will help you on how to write a case study. Prior to that, let us try to understand what a case study is. A case study is a particular instance...

How to write annotated bibliography?

An annotated bibliography is an index of citations to articles, books and other relevant documents such as website, newspaper etc. The intention (Purpose) ofannotated bibliographyis to inform the readers about the relevance, accuracy and the quality of references cited. Hence, each reference is followed by a brief description of around 150 – 200 words. As mentioned earlier, the purpose of an annotated...

Law as a career and importance of legal profession

Over the last few decades, legal profession in India has undergone strategic and substantial changes. Of late, it has become the most promising career option for many of the students soon after their twelfth standard. Now a days many students chose law as a career. Besides the basic degree of five-year, integrated LL.B OR three-year LL.B courses, now various specialised master degree (LL.M) courses...