Found 1005 Articles for Legal Studies

Dismissal of Suit: Reason & Remedy

Mukesh Kumar
Updated on 12-Jan-2023 11:55:11

6K+ Views

Whenever a person files a lawsuit against a violation of any of his rights or for a public cause, the result could be – after hearing the case properly, the court passes an order or gives a decision on the merits of the case. The second possibility is that, especially when the case has no merit, the court dismisses the suit. What is the Meaning of Dismissal of Suit? The plaintiff has to institute a lawsuit in a court of law to claim his rights. Following the filing of the suit, he must exercise extreme caution in adhering to the ... Read More

Code of Civil Prciviocedure: Meaning & Significance

Mukesh Kumar
Updated on 28-May-2023 13:24:13

350 Views

The meaning of the word ‘procedure’ is "the correct way of doing things." Therefore, a procedure provides a set of rules for the functioning of the court to deal with a particular situation that arises during its day-to-day business. This definitely includes the set of rules for the functions of the judges, advocates, and court staff. In India, the judicial system is broadly divided into two major streams, namely the Civil Court and the Criminal Court. Civil courts deal with civil disputes, which are those involving civil rights such as property, trade, and business. Further civil disputes arise between the ... Read More

Appearance and Non-Appearance of Parties

Mukesh Kumar
Updated on 11-Jan-2023 17:28:03

854 Views

The judicial system in India has been developed on the foundation of common law jurisprudence. The courts in India followed the principle of natural justice, which requires that both parties to a suit be given equal opportunity to prove their case in their favor. However, the court (judge) has to be neutral in all respects towards both parties. It is very important for the court to observe and apply the principle of natural justice in all the proceedings in a suit. So to give effect to the rule of natural justice, it is incumbent upon the court to call the ... Read More

The Water (Prevention and Control of Pollution) Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 17:22:24

2K+ Views

When a water resource's natural capacity for regeneration is exceeded by the pollution load, water contamination is said to have happened. It is a very serious issue in India where 70% of surface water sources, such as rivers and lakes, are polluted and where groundwater pollution is alarmingly on the rise. This article seeks to discuss the legislative framework for regulating water pollution in India, including some constitutional provisions as well. What does the Water Act Define? To safeguard our water resources, Parliament enacted the Water Act on March 23rd, 1974. The act's main objectives are to prevent, control, and ... Read More

The Unlawful Activities (Prevention) Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 17:13:04

114 Views

A committee on National Integration and Regionalization was established by the National Integration Council to study the question of reasonable restraints in the interest of India's sovereignty and integrity. In order to place such restrictions on the freedom of speech and expression, the right to peaceful assembly without the use of force, and the right to form associations, the 16th Amendment to the Constitution (1963) was made. As a result, on December 30th, 1967, the Unlawful Activities (Prevention) Act was passed. This article makes an overview of the said legislation. What does Unlawful Activities Prevention Act Define? The UAPA was initially ... Read More

The Wildlife Protection Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 17:02:27

1K+ Views

In order to preserve the safety of the environment and the ecological system, this Act provides for the protection of the wild animals, birds, and plant species found in the nation. The Act imposes prohibitions on a variety of animal species’ hunting, among other things. The Act was last modified in 2006. Despite being submitted to a Standing Committee and introduced into the Rajya Sabha in 2013, an amendment bill was withdrawn in 2015. The Act also includes schedules of plants and animals that are subject to varying levels of government protection and oversight. What does wildlife Protection Act define? ... Read More

The Transgender Persons (Protection of Rights) Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 16:47:12

123 Views

Gender identification was given a lot of importance as a component of civil identity after independence, and the government or society refused to recognise transgender persons as third sex. This community faced deprivation of important rights such as the right to vote, the right to own property, the right to marry, the right to education, etc. Despite the existence of Articles 14, 15, 19, and 21 in the Constitution of India, that strictly prohibit discrimination any on criteria, the discrimination exists. After several decades of struggle for justice and recognition, the Honourable Supreme Court decriminalised Section 377 of the Indian ... Read More

Rights of Persons with Disabilities Act: An Overview

Mukesh Kumar
Updated on 12-Jan-2023 15:40:57

152 Views

Parliament enacted the Rights of Persons with Disabilities Act in order to give effect to the United Nations Convention on the Rights of Persons with Disabilities, which was ratified by India as well. The Convention placed obligations on the States, private citizens, and civil society to protect the rights of people with disabilities. Pursuant to its obligations under the Convention, the Rights of Persons with Disabilities Bill, 2014 was passed by the House of People on the 14th of December 2016 and by the Council of States on the 16th of December 2016. The Bill received Presidential assent on ... Read More

The Registration Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 16:13:10

2K+ Views

In order to retain a document as a matter of public record, it must be registered with a designated authority. The Act's main goal is to codify existing registration-related laws, and it also specifies how to register things. It specifies the paperwork needed to register. Additionally, it establishes a deadline for the document's presentation and registration, and it guarantees that the necessary conditions are in place for the document's correct presentation. What is Registration Act? Rules and regulations pertaining to document registration are outlined in the Registration Act of 1908. The Registration Act of 1908 has detailed regulations defining ... Read More

The Patent Act: An Overview

Mukesh Kumar
Updated on 11-Jan-2023 15:57:25

434 Views

A patent is a monopoly right that the State grants an inventor for a brief time over their innovation, excluding everyone else. A patent system has several beneficial uses. If the invention is used commercially, the patent ensures that the inventor will receive a just reward for their time, effort, knowledge, skills, money, and other resources used to develop the invention in the form of money and recognition. Commercializing an invention results in new and improved products, more output, and more effective methods of production for society. Technology innovation and diffusion are promoted by a patent system. This in turn ... Read More

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