Know the Law
Subsequent Mortgage Of Property
Mortgage has been defined in the Transfer of Property Act as transfer of an interest in specific immovable property as security for payment of money advanced as loan. The Transfer of Property Act reserves Mortgagor and Mortgagee with certain rights. Considering a 'Mortgage' from the point of view of a mortgagor, the mortgagor loses his right of redemption in case of a default in...
The Law On Phone Tapping In India
Communication surveillance has been widely accepted as a necessary evil that every civilized society should allow for the security of the state as well for prevention and investigation of crimes. However, state sponsored surveillance should be in balance with individual rights and personal liberties of the citizens. While many developed nations have put safeguards in place to ensure...
Rate Of Interest For Pendente Lite And Future Period
This article is primarily in relation to the Original Applications (OAs) filed by banks and Financial Institutions (FIs) in Debt Recovery Tribunals (DRTs) under the provisions of Recovery of Debt and Bankruptcy Act, 1993 (RDB Act, 1993) Pendente Lite period means the period from the date of filing of the suit upto the date of judgment. Future period means the period from the date...
Hathras Case : Presence Of Sperm Not Necessary To Prove Rape; UP Police Claim Contrary To Law
The Uttar Pradesh Police has claimed that no rape happened with the 19-year old Dalit woman of Hathras, who succumbed to her injuries yesterday.A senior UP Police official told the press that the Forensic Science Laboratory result did not show the presence of semen samples in the body of the deceased woman."The report of the FSL has also come. It says clearly that samples did not have sperm....
Distinction Between Attempt To Commit Culpable Homicide Not Amounting To Murder [Sec.308 IPC] & Voluntary Causing Hurt By Dangerous Weapons [Sec. 324 IPC]: SC Explains
In an order passed last month in a criminal appeal, the Supreme court explained the 'subtle and nuanced' distinction between attempt to commit culpable homicide not amounting to murder [[Section 308 IPC] and voluntarily causing hurt with a sharp-edged weapon [Section 324 IPC].Under the former (Section 308), injuries must be such as are likely to cause death, but in the latter (Section 324)...
Explained : Changes Brought To Foreign Contributions Regulation Act
The Parliament last week passed the Foreign Contribution (Regulation) Amendment Bill, 2020 ("the Bill") to amend the Foreign Contribution (Regulation) Act, 2010 ("the FCRA or the Act"). As per the 'Statement of Objects' of the Bill, "the annual inflow of foreign contribution has almost doubled between the years 2010 and 2019, but many recipients of foreign contribution have not utilised...
New Labour Laws Explained (Part II) : The Code On Social Security 2020
The Code on Social Security 2020 was one of the three labour law bills passed by the Parliament last week.In this part, we will discuss the Code on Social Security 2020, and the major changes brought by it.The Code on Social Security, 2020The Code consolidates nine different central laws :The Employees Provident Fund and Miscellaneous Provisions Act, 1952 The Employees State Insurance Act...
New Labour Laws Explained (Part 1): Industrial Relations Code 2020
The Parliament recently passed three major bills related to labour laws. They are :Industrial Relations Code Bill 2020.Social Security Code Bill, 2020.Occupational Safety, Health and Working Conditions Code Bill, 2020.In this part, we will explain the Industrial Relations Code 2020 and the major changes brought by it.Industrial Relations Code, 2020.The Industrial Relations Code(hereinafter...
Explained: The 3 Farmers Bills And The Controversies Surrounding Them
Farmers in many states are protesting against three recent bills passed by the Parliament.The controversy pertains to : 'Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020' Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020' andEssential Commodities(Amendment) Bill 2020.A high-voltage drama took place in the Rajya Sabha...
Section 509 IPC: Statutory Remedy Available To Women Who Face Online Abuse
"A bunch of anonymous letters were received by a woman. A mere glance through those letters is enough. Any reader can perceive the foul smell of the author's filthy intentions. The victim's modesty gets hurt, injured, outraged, and terribly insulted.." These remarks were made in judgment [MM Haries vs. State of Kerala] delivered in 2005 by Justice K. Hema of Kerala High Court. Today, letters...
Arbitration Court Reckoner : August 2020
By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of August 2020 under the Arbitration & Conciliation Act, 1996. That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include...
[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Incidentally, the very next day, the Supreme Court bench headed by Chief Justice of India SA Bobde made some remarks on a penal provision [Section 309 IPC] which criminalises the attempt to commit suicide. The provision reads as follows:Whoever attempts to commit suicide and does any act towards...