Entries by admin

In a Prevention of Corruption Act trial, the bribe-giver’s evidence and financial records are most important

The Prevention of Corruption Act, 1988 is the newest iteration of India’s anti-corruption laws. It criminalises the taking and the giving of bribes, the latter as abetment of the main offence of corruption, which consists of the following: – Section 7 of the Act criminalises the act of taking gratification other than legal remuneration “as a […]

What are Divorce Laws?

(l) Any Any marriage which is solemnized, whether before or after the commencement of the Hindu marriage Act, may be Dissolved by a decree of divorce, by either the Husband or the wife presenting the petition on the following grounds: (i) Firstly having had voluntary sexual intercourse with any person other than his or her […]

Role of Lawyers in Social Transformation

“Lawyers are the foot soldiers of our Constitution.” RENNARD STRICKLAND & FRANK T. READ, The Lawyer Myth On January 9 , 1915 at Apollo Bandar in Bombay a barrister returned to his motherland ,who would have thought than that he will lead India in one of the biggest war this country has ever seen and […]

13 Years of Big Drama Ends With a Small Note

India is a country which expresses freedom of thought and expression and other human rights which has acquired unique identity of India all over the world. It is the respect for human values through which India has attracted global attention, but at the same time it has also let to inordinate delay in dispensation of […]

Custodial Violence in India

In spite of the fact that every segment of the society feels concerned about custodial violence, over the years it has remained unabated. It seems to be on rise every year, in spite of the fact that rate of literacy has increased and the people have become aware about their rights and duties. The main […]

Sexual Harassment of Women at Work

In 1997, the Honorable Supreme Court of India, in Vishaka and Others Vs. State of Rajasthan and Others (“Vishaka Judgment”) acknowledged the gravity of sexual harassment of the working women at the workplaces and laid down guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment and to provide the […]

Right to Litigate Must be Replaced with Right to Justice!

Our legal system is one of the most inefficient in the world is not a secret, with bottom ranking on contract enforce-ability in ease of doing business index. Even CJIs have been record predicting complete breakdown of our legal system since time immemorial (I recall justice PN Bhagwati saying this in 1985). That we are […]

Difference Between Lease and License

The term ‘lease’ and ‘license’ are defined under Section 105 of the Transfer of Property Act and Section 52 of the Indian Easements Act respectively. Section 105 of Transfer of Property Act: “Lease Defined. A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express […]

Justice Hurried is Justice Denied

Nirbhaya’s case shook the entire nation particularly young generation from head to toe. The brutal assault on Delhi based physiotherapist raised large number of voices against Justice Delivery System. This led to certain revolutionary reforms in Judiciary which includes setting up of Fast Track Courts for disposing of the cases relating to heinous crime against […]

Adoptions Made Easy

Adoption procedure is supposed to become simpler as the new simplified “Guidelines Governing Adoption of Children 2015” notified by the Central Government on 17th July 2015 have come into effect from today. The press release by the Government through PIB states that the new Guidelines are intended to provide for more effective regulation for adoption […]