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Jammu & kashmir / Legal Service India

Wombs For Rent: Legal And Ethical Perspectives On Surrogacy

The feeling of becoming a mother is the world's best feeling for any woman. A mother who nurtures her child carries the baby for 9 months in her womb and takes care of that tiny creature until ...

23 Dec 2024 5:26 pm
Critical Analysis Of The Concept Of Collective Bargaining

The area of labour laws has been widely explored and ways to make the working conditions just and humane and to socially and financially uplift the working class of our nation. Although, seve...

23 Dec 2024 5:26 pm
23 Dec 2024 5:26 pm
The New Labour Codes Of India: A Major Change In India

The legislations are made with 3 objects: To regulate, To Punish, To ensure welfare. Depending upon the object various legislations are framed from time to time by the legislature. In ...

23 Dec 2024 5:26 pm
Indian Trade Policy: An Analysis

The evolution of humankind has been a much-layered process which took a lot of time and effort, in one of the evolutionary phases, human decided to stay in groups and civilizations begun to for...

23 Dec 2024 5:26 pm
Armed Conflict And Humanitarian Law

Armed Conflict And Humanitarian Law

23 Dec 2024 5:26 pm
Access To Legal Aid: Way Ahead

Access To Legal Aid: Way Ahead

23 Dec 2024 5:26 pm
Collective Bargaining And Labor Benefits

United, we stand, divided, we fall. A very famous saying we all have heard, as true as old. We all have heard of various stories of the strength of Unity. The same thing has been followed by v...

23 Dec 2024 5:26 pm
Stop Demonizing Doctors

Demonizing doctors through ill-informed medical negligence CPA decisions should be effectively countered Q. Ill adjudicated medical negligence cases, by lay judiciary, under summary trial of C...

23 Dec 2024 5:26 pm
Case Comment: Banerjee & Banerjee V. Hindustan Steel Works Air 1986 Cal 374

AIR 1986 Cal 374 High Court Of Calcutta Appellant: Banerjee & Banerjee v/s. Respondent: Hindustan Steel Works Construction Ltd. and Ors. Hon'ble Judge: Pratibha Banerjee, J. Counsels: ...

23 Dec 2024 5:26 pm
Virtual Courts: Prospects And Challenges

Remote working is a tried and tested model for arbitrations, and courts can adopt it very easily. Hiccups are only a mindset problem. Article 141/ 142 can be used for this to be effected in a t...

23 Dec 2024 5:26 pm
Case Laws On Good Faith Exemption From Medical Negligence

Q. Indian case law on good faith exemption from medical negligence?In India, the concept of

23 Dec 2024 5:26 pm
Fetal Well-being v/s Judicial Well-being: Right of a Child in the Womb to Live v/s Right of the Mother to Terminate Pregnancy

The recent National Consumer Disputes Redressal Commission's judgment on fetal sonography is a blatant example of judicial activism and retributive justice. The case: Udayan and ors. v/s M/S...

23 Dec 2024 5:26 pm
Perverse Medical Negligence Judgments are the Bane of Modern Medicine: A Critique

Q. Can you review my book Perverse Medical Negligence Judgments?Response. I found some information about your book, Perverse Medical Negligence Judgments are the Bane of Modern Medicine by Dr. Sh...

23 Dec 2024 5:26 pm
The Necessity of Inheritance Tax in India: A Re-examination of the Policy Discourse

The inheritance tax, which was earlier known as estate duty in India, was abolished in 1985. Whether or not to revive the tax remains a contentious policy debate today. This paper examines the ...

23 Dec 2024 5:26 pm
Civil Medical Negligence or Civil Liability for Criminal Medical Negligence: A Dilemma

Q. There is no legal definition of negligence and certainly none for Medical Negligence. Supreme Court in the lead case, Jacob Mathew, adopted the definition from Ratan Lal Dheeraj Lal's Indian...

23 Dec 2024 5:26 pm
Codified Medicine as STGs, SOPs and CPs provide the well defined, objective and tangible standard of care

The complexities and challenges in evaluating medical negligence cases need attention of the judiciary. The intersection of law and medicine presents unique difficulties, particularly when lega...

23 Dec 2024 5:26 pm
Two Major Legal Woes That Plague Doctors In India

Medical fraternity in India is greatly agitated on the two woes inflicted on the profession. First, the inadvertent mischief caused by inclusion of Health Care as service in Consumer Protection...

23 Dec 2024 5:26 pm
Validity Of Including Health Care In CPA: An AI Response Based Debate

Q. Medical profession, health care, in Consumer Protection Act 2019. There is nothing in this new Act to infer that health care services are included in the Act.The relevant provisions are disc...

23 Dec 2024 5:26 pm
Dying Declarations in Indian Law: Admissibility, Reliability, and Jurisprudence under the Indian Evidence Act

In the realm of legal proceedings, evidence serves as the cornerstone upon which the edifice of justice is constructed. Among the myriad forms of evidence, dying declarations occupy a unique an...

23 Dec 2024 5:26 pm
Prison Reform and Human Rights: Addressing Inhumane Treatment in India's Overcrowded Prisons

Prisoners are people who have been lawfully detained after being convicted of a crime. The aim behind the prison system is to reform a convict and help them settle back in society without the a...

23 Dec 2024 5:26 pm
Environmental protection under the Indian Penal Code, 1860

We humans have exploited our natural resources assuming there to be no consequences at all. Since the dawn of civilization, we have managed to colonize and change tracts of lands making them su...

23 Dec 2024 5:26 pm
Overseas Citizens of India-OCI: Eligibility and Responsibilities

Section 7 of the Citizenship Act of 1955 acknowledges individuals holding foreign passports who have a connection to India through birth or parentage as Overseas Citizens of India (OCIs). OCI r...

23 Dec 2024 5:26 pm
Sea Level Rise in relation to International Law

Since the advent of fire, Man has been advancing unprecedently. Industrialization was one such huge reform that transformed the lives of people. The creation of big Industries gave birth to job...

23 Dec 2024 5:26 pm
The need for an Asylum Law

Refugees are not terrorists. They are usually the primary victims of terrorism-Antnio Manuel de Oliveira Guterres. What is Asylum Law?Asylum in a natural translation to English would mean...

23 Dec 2024 5:26 pm
Bridging Borders: Foreign Firms Guide To Joint Venture In India

India has witnessed a splendid rise in foreign companies placing their stakes in Indian businesses since it opened its economy in 1991. The rise in foreign investment in India has also risen du...

23 Dec 2024 5:26 pm
Carbon Tax In India: A Strategy For Sustainable Development

Carbon taxation became an important tool in the war against climate change. Carbon tax has formed a crucial part of efforts by governments to recover the external costs that result from the emi...

23 Dec 2024 5:26 pm
Digital Legacy Laws: Inheritance of Digital Assets like social media, NFTs, and Cryptocurrencies

There will be a change in how digital resources should flow upon the modern age relations. As more lives transfigure toward a full cyberspace, the laws affecting digital inheritance, such as an...

23 Dec 2024 5:26 pm
Narcotic Control Bureau v. Kashif: Non-Compliance with Section 52A of NDPS Act And Evidence Admissibility

Narcotic Control Bureau v/s KashifNarcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Government of India. Official text of NDPS Act available from Ministry of Law and Justice, Gov...

23 Dec 2024 5:26 pm
Does A Motor Accident Claim Disqualify Indigent Status?

Whether a person who is entitled to receive compensation by way of a claim before the Motor Accident Claim Tribunal can be said to have given up its status as an indigent person by virtue of th...

23 Dec 2024 5:26 pm
An Overview Of Doctrine Of Colourable Legislation

Federalism is one of the fundamental elements of Indian constitution. By temperance of this force the constitution visualizes an outline of governmental powers and functions between different c...

23 Dec 2024 5:26 pm
Repatriation Law: Analyzing its Strength and the Possibility of India Retrieving the Artefacts and Kohinoor

The Government of India has been actively endeavouring to repatriate the antiques of Indian origin from different countries. The recent success of the formal handover of over 307 antiquities of...

23 Dec 2024 5:26 pm
Muslim Nikah: A Divine Covenant beyond Contractual Boundaries

The institution of marriage (Nikah) in Islam holds profound religious and spiritual significance, going beyond the mere contractual framework often seen in other legal systems. While Islamic ma...

23 Dec 2024 5:26 pm
Documents Required for ESI Return Filing

Employee State Insurance (ESI) is a social safety scheme designed to provide clinical and financial advantages to personnel and their households. Accurate documentation is important for seamles...

23 Dec 2024 5:26 pm
Benefits of FSSAI Certificate Download for Small Food Businesses

The Food Safety and Standards Authority of India (FSSAI) plays an essential role in making sure meals are safe across the country. Once issued, it is equally crucial to download and keep the F...

23 Dec 2024 5:26 pm
23 Dec 2024 5:26 pm
Can a Passport Be Denied for an Ongoing Criminal Case?

The Passports Act of 1967 regulates passport issuance in India, specifying grounds for denial, such as ongoing criminal proceedings. According to Section 6(2)(f), the passport authority can ref...

23 Dec 2024 5:26 pm
Provisions related to Rape in BNS,2023

Nowadays you saw that rape cases in India is increasing day by day. So, the main question arises here is which act is considered as rape? What are the punishment for the accused? And the most i...

23 Dec 2024 5:26 pm
Passport Impoundment: Grounds and Legal Remedies

The impounding of a passport refers to the temporary suspension of its validity by the authority that issued it. During this period, the passport is confiscated and cannot be utilized for trave...

23 Dec 2024 5:26 pm
Godrej Soap Ltd., Procter & Gamble Ltd. v/s Hindustan Lever Ltd: Examining Patent Rights And Infringement Under the Patents Act, 1970

Godrej Soap Ltd. and Proctor and Gamble Godrej Ltd. vs Hindustan Lever Ltd.The aim and objective of The Patent Act, 1970 is to protect the innovations and inventions done by any person and to pro...

23 Dec 2024 5:26 pm
Rethinking Conjugal Rights: A Constitutional Perspective On Marriage And Individual Rights

The debate over the constitutionality of Restitution of Conjugal Rights (RCR) highlights the State's intervention into the private sphere of family and marriage. The State defends t...

23 Dec 2024 5:26 pm
Colourable Legislation: Legal Maxim, Judicial Insights, and Challenges to Separation of Powers

Quando aliquid prohibetur ex directo, prohibetur et per obliquum What cannot be done directly cannot be done indirectly Colourable legislation refers to laws or regulations that, while appearin...

23 Dec 2024 5:26 pm
Schiller v/s Sooltan Chand: A Landmark Case on Breach of Contract and Anticipatory Obligations in Indian Contract Law

Schiller And Ors. V. Sooltan Chand And Ors. Facts Of The Case The appeal stems from a ruling rendered in the Original Jurisdiction of the High Court by Mr. Justice Pontifix, wherein...

23 Dec 2024 5:26 pm
The Right to privacy in digital era

The Right to privacy in digital era

23 Dec 2024 5:26 pm
Generalia Specialibus Non Derogant: Superiority of Special Law Over General Law

The Latin legal maxim Generalia specialibus non derogant, which means the general does not derogate from the specific, embodies a crucial principle in law. This doctrine...

23 Dec 2024 5:26 pm
The Doctrine of Necessity: A Critical Examination of Its Application and Implications

The Doctrine of Necessity serves as a notable exception to the established principle of Natural Justice, which generally forbids individuals from adjudicating their own disputes due to the risk...

23 Dec 2024 5:26 pm
Better Betting Before Banning

Sports betting, the clandestine pastime has become a global phenomenon in contemporary times. This is due to changes in the standard of living and purchasing power of peoples and also differing...

23 Dec 2024 5:26 pm
Legal Principles and Legal Constructs Developed to Adjudicate Medical Negligence

Legal Principles vs. Legal Fictions in Medical NegligenceAn ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised. -- Aysh...

23 Dec 2024 5:26 pm
One Nation, One Election: A Critical Analysis

The concept of One Nation, One Election seeks to synchronize the electoral processes for the Lok Sabha and the State Legislative Assemblies in India. Advocates of this proposal argu...

23 Dec 2024 5:26 pm