Parenting and Law
IntroductionNational Green Tribunal is a specialized body equipped with the necessary expertise tohandle environmental disputes involving multidisciplinary issues. The Tribunal shall notbe bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall beguided by principles of natural justice. The Tribunal's dedicated jurisdiction inenvironmental matters shall provide speedy environmental justice and... Continue Reading →
IntroductionEvolved from the landmark case of ASHOK HURRA CASE to the appropriate usability ofNIRBHAYA CASE. This curative petition has rendered and proved that now judiciary willnot leave no stone unturned to give correct and proper and unbiased justice to thepetitioner.The word “curative petition” means the petition filed by the petitioner to cure theerroneous decision passed... Continue Reading →
IntroductionOrder 33 deals with suits by indigent persons. Order 44 deals with appeals by indigentpersons. The provisions of Order 33 are intended to enable indigent persons to institute andprosecute suits without payment of any court fees. Generally, a plaintiff suing in a court oflaw is bound to pay court fees prescribed under the Court Fees... Continue Reading →
The Supreme Court laid down certain basic "requirements" to be followed in allcases of arrest or detention till legal provisions are made in that behalf as a measureto prevent custodial violence. The requirements read as follows: : The police personnel carrying out the arrest and handling the interrogation of thearrestee would bear accurate, visible and... Continue Reading →
INTRODUCTIONGarnishee proceeding is a proceeding by which the decree-holder seeks to reach money orproperty of the judgment-debtor in the hands of a third party (debtor of judgment-debtor).By this process, an executing court may order a third party to pay to the judgment-creditor(decree-holder) the debt from him to the judgment-debtor. The payment made by thegarnishee pursuant... Continue Reading →
IntroductionDoctrine of Severability.-When a part of the statute is declared unconstitutional thena question arises whether the whole of the statute is to be declared void or only thatpart which is unconstitutional should be declared as such. To resolve this problem,the Supreme Court has devised the doctrine of severability or separability. Thisdoctrine means that if an... Continue Reading →
Official Language (343-351)The Official Language of the Union shall be Hindi in Devanagri Script but the form ofnumericals to be used for the official purposes of Union shall be the international form ofIndian numericals [Art. 343 (1)). However, for a period of fifteen years from thecommencement of the Constitution the English language shall continue to... Continue Reading →
Depression (major depressive disorder) is a common and serious medical illnessthat negatively affects how you feel, the way you think and how you act.Fortunately, it is also treatable. Depression causes feelings of sadness and/or a lossof interest in activities you once enjoyed. It can lead to a variety of emotional andphysical problems and can decrease... Continue Reading →
IntroductionThe doctrine of eclipse is based on the principle that a law which violates FundamentalRights is not nullity or void ab initio but becomes only unenforceable, i.e., remains in amoribund condition. "It is over-shadowed by the fundamental rights and remains dormant;but it is not dead." Such laws are not wiped out entirely from the statute... Continue Reading →
INTRODUCTION OF SET OFF"Set-off" means a claim set up against another. It is a cross-claim which partly offsets theoriginal claim. It is an extinction of debts of which two- persons are reciprocally debtors toone another by the credits of which they are reciprocally creditors to one another. Wherethere are mutual debts between the plaintiff and... Continue Reading →
INTRODUCTIONThe term "caveat" has not been defined in the Code. The word (caveat) has been derivedfrom Latin which means "beware". Section 148-A of the Code Civil Procedure deals withthe law relating to Caveat. A caveat is a caution or warning given by a party to the courtnot to take any action or grant any relief... Continue Reading →
IntroductionArticle 39(e) &(f) of the Constitution of India provides that the State shall, in particular,direct its policy towards securing health and strength of workers, men, and women, and thetender age of children are not abused and that citizens are not forced by economicnecessity to enter avocations unsuited to their age and that children are given... Continue Reading →
IntroductionGratuity is an old age retiral social security benefit. It is a lump sum payment made by anemployer to an employee in consideration of his past service when the employment isterminated. In the case of employment coming to an end due to retirement orsuperannuation, it enables the affected employee to meet the new situation which... Continue Reading →
IndustryIndustry means any business, trade, undertaking, manufacture or calling of employers andincludes any calling e employment, handicraft, or industrial occupation or avocation ofworkmen. [Section 20) Supreme Court carried out an in depth study of the definition of theterm industry in a comprehensive manner in the case of Bangalore Water Supply andSewerage Board v. A Rajiappa... Continue Reading →
What is climate change?Climate is the average weather in a place over many years. Climate change is a shift inthose average conditions.The rapid climate change we are now seeing is caused by humans using oil, gas and coalfor their homes, factories and transport.When these fossil fuels burn, they release greenhouse gases - mostly carbon dioxide(CO2).... Continue Reading →
IntroductionStrikes and lock-outs are the two weapons in the hands of workers and employersrespectively, which they can use to press their viewpoints in the process of collectivebargaining. The Industrial Disputes Act, 1947 does grant an unrestricted right of strike orlock-out. Under Section 10(3) and Section 10A(4A), the Government empowered to issueorder for prohibiting continuance of... Continue Reading →
IntroductionAs per Section 2(h) of Indian Contract Act, 1872, a contract is an agreement, the object ofwhich is to create an obligation. So when an agreement enables a person to compel anotherto do something or abstain from doing something, it is called a contract. Breach of ContractA contract is breached or broken when any of... Continue Reading →
We are always manifesting. Each thought we have creates an energy flow within andaround our physical beings. This energy attracts its likeness. So if you're thinking, "I suck,"then your energy kinda, well, sucks -- and you attract sucky experiences. The opposite experience occurs when you think high-level thoughts like, "I rock!" Whenyou think and feel,... Continue Reading →
IntroductionTrade Union means "any combination, whether temporary or permanent, formed primarilyfor the purpose of regulating the relations between workmen and employers or betweenworkmen and workmen or between employers and employers, or for imposing restrictiveconditions on the conduct of any trade or business, and includes any federation of two ormore trade unions". Trade union is a... Continue Reading →
IntroductionThe term "bonus" is not defined in the Payment of Bonus Act, 1965. Webster InternationalDictionary defines bonus as "something given in addition to what is ordinarily received byor strictly due to the recipient. The purpose of payment of bonus is to bridge the gapbetween wages paid and ideal of a living wage. The Payment of... Continue Reading →
Aishwarya Sandeep 