The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
The doctrine of per incuriam is a significant concept in Indian jurisprudence that refers to a judicial decision made in ignorance or disregard of a statutory provision or a binding precedent. This doctrine allows courts to declare a judgment per incuriam if it overlooks legal principles or established laws. Here are the implications and judicial […]
Unionisation Of Sex Workers In India
The unionization of sex workers in India is a significant and evolving movement aimed at advocating for the rights and welfare of sex workers. One of the most prominent organizations in this movement is the Sangram (Sex Workers’ Alliance), which has been active in various states, including Maharashtra. Here are some key points about the […]
Plea Against New Criminal Laws
A Public Interest Litigation (PIL) has been filed in the Supreme Court of India challenging the implementation of three new criminal laws: the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA). The petitioners argue that these laws were passed without sufficient parliamentary debate and contain ambiguities that could affect […]
Exorbitant Enrolment Fees Charged by State Bar Councils
The case Gaurav Kumar v. Union of India and connected cases involved a Public Interest Litigation (PIL) challenging the excessive enrollment fees charged by various State Bar Councils (SBCs) in India. The petitioners argued that these fees, often exceeding the amounts prescribed by Section 24(1)(f) of the Advocates Act, 1961, were arbitrary and created barriers […]
Cyber Crime Complaint Online
Filing a cybercrime complaint online in India can be done through the Ministry of Home Affairs’ Cyber Crime Reporting Portal. Here’s a step-by-step guide: The portal also provides an option to report complaints involving children anonymously. It’s essential to provide as much information as possible to facilitate a thorough investigation. For urgent or severe cases, […]
Maternity Leave in India For Private Companies
In India, the maternity leave policy for private companies is governed by the Maternity Benefit Act, 1961. Here are the key points: Private companies can offer more generous benefits, but they must adhere to these minimum requirements.
Gray Divorce
“Gray divorce” refers to the phenomenon of couples aged 50 and older seeking divorce. This term has gained popularity as the divorce rate among older adults has increased, particularly among the baby boomer generation. Several factors contribute to this trend: Gray divorce can present unique challenges, such as dividing retirement assets, handling spousal support, and […]
Legal Aid in India
Legal aid is a critical aspect of ensuring justice for all, especially for those who cannot afford the costs associated with legal representation and court proceedings. In India, legal aid is a fundamental right guaranteed by the Constitution and various laws and schemes designed to ensure that access to justice is not denied to any […]
Contract Terminated By An Awardee Following Due Process Cannot Be Subsequently Novated By Awardee Itself: Rajasthan High Court
The Rajasthan High Court recently ruled that a contract terminated by an awardee following due process cannot be subsequently revived or novated by the awardee itself. This decision came in response to a case involving Rajasthan State Mines & Minerals Ltd. (RSMML) and United Coal Carrier (UCC). The court emphasized that once a contract is […]
Legal Working Hours in India
In India, the legal working hours are governed by the Factories Act, 1948, and the Shops and Establishments Act of each state. Here’s a summary of the key provisions: Factories Act, 1948 Shops and Establishments Act The provisions under the Shops and Establishments Act may vary from state to state. However, some common regulations include: […]
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