WHAT IS FOREIGN INVESTMENT? GUIDELINES PROVIDED UNDER FEMA? WHAT ARE THE PENAL PROVISIONS?

WHAT IS FOREIGN INVESTMENT? GUIDELINES PROVIDED UNDER FEMA? WHAT ARE THE PENAL PROVISIONS?

INTRODUCTION- Foreign Investment involves an investment from other countries to enhance the economic culture of the country. Economic liberalization started in India in the wake of the 1991 economic crisis and since then FDI has steadily increased in India.[1] It allows the individuals or companies from foreign countries to invest their money in the businesses of private […]

Continue Reading
REGISTRATION AND STAMPING OF THE INSTRUMENTS

REGISTRATION AND STAMPING OF THE INSTRUMENTS

INTRODUCTION- The concept of registration came into play because it converts the basic documents into strong evidence which gains the validity in the court of Law in the matter of disputes arising between the parties, by way of making the records of the documents with the government and other original documents within the possession of […]

Continue Reading
Culpable Homicide and Murder

Culpable Homicide and Murder- IPC

Homicide is a Latin term in which ‘homi’ means human being and ‘cide’ means to cut, therefore homicide is an act in which a person is killed by another person. Homicide is one of the most dreadful act a person can commit. It is the responsibility of the legislation to make such laws that deter […]

Continue Reading
Code of Civil Procedure (Amendment) Bill, 2015

Code of Civil Procedure (Amendment) Bill, 2015

The first code of civil procedure was enacted for the first time in 1859 and was later amended in 1877 and 1882, but those amendments could not serve the purpose and therefore the present code was enacted in 1908 by a committee headed by Sir Earle Richards. The Code of Civil Procedure is a ‘procedural […]

Continue Reading
Guardianship under Hindu and Muslim law

The Concept of Guardianship under Hindu and Muslim law

“The paramount concern of this statute is the welfare of the child and not the rights of parents”[1] Introduction to Guardianship under Hindu and Muslim law- In this article, we will discuss about the concept of guardianship under Hindu and Muslim Law. The general rules for the concept of guardians are enshrined in the Guardians […]

Continue Reading
Offences related to Weights and Measures

Offences related to Weights and Measures

Introduction – The Consumer Protection Act, 1986 was enacted to safeguard the interests of the consumers and protect them from exploitation and unfair trade practices. Still, consumers were exploited by the traders and then provisions were made under the Indian Penal Code, 1860 to stop traders from indulging into activities of trade abuse. The Consumer […]

Continue Reading
Doctrine of Self Incrimination

Doctrine of Self Incrimination

Introduction – The Indian Constitution is said to safeguard the fundamental rights of all its citizens. As envisaged in Article 20 (3), the doctrine of self-incrimination is one of the fundamental rights given to an offender. Self Incrimination means giving evidence that might reflect the involvement of the person in a crime. It is usually […]

Continue Reading
General Exceptions under IPC

General Exceptions under IPC

Introduction – Criminal Law was enforced to prevent the increase in the number of crimes being committed in society. It was brought into enforcement to maintain public order and well being. Criminal law makes people liable for the offences they have committed and further punishes them as prescribed in the Indian Penal Code, 1860. Although […]

Continue Reading
Online Contracting: Position in INDIA vs the US

E Contract: Position in INDIA vs the US

“The rule of instantaneous communication is different from the rule about the post. The contract is only complete when the acceptance is received by the offerer and the contract is made at the place where the acceptance is received”[1] Introduction With the advent of the modern era, the use of e-contract is surging. E-contract is […]

Continue Reading
Inherent Powers of the Court- CPC & CrPC

INHERENT POWERS OF THE COURT

INTRODUCTION The Inherent Powers of the Court are in addition to the powers specifically conferred on the Court by the code. The sense of ‘inherent’ is a permanent, absolute, inseparable, necessary or characteristic feature that resides in something. Inherent Power of the Courts is those powers that the court can apply to execute full and […]

Continue Reading
judicial activism

JUDICIAL ACTIVISM

Introduction The powers of the Supreme Court for the protection of the constitutional rights of citizens are of the widest amplitude. As indicated by Black’s Law Dictionary, “judicial philosophy which motivates judges to depart from the traditional precedents in favour of progressive and new social policies”. Judicial activism is enunciated and implemented by court rulings […]

Continue Reading
DUAL CITIZENSHIP IN INDIA

DUAL CITIZENSHIP IN INDIA

Introduction Before coming to the introductory part of dual citizenship in India, it would be better to know what is meant by the term ‘citizenship’ and also to get familiar with the concept of citizenship in India. Citizenship can be said as any relationship between a person and a State to which the person owes […]

Continue Reading