Category : Uncategorized
Live-in Relationships in India- Legal Status, Rights, and Misconceptions
Live-in relationships in India occupy a curious middle space: they are not governed by a dedicated statute, but they are no longer “illegal”, and courts have steadily read rights into existing constitutional and family-law frameworks to protect partners, especially women and children. At the same time, deep social stigma and several myths still shape how families, police, and even...
The Role of Forensic Evidence in Solving Crimes
IntroductionThe most important characteristic of forensic is that it has become a significant factor in crime solving in addition to being an important part of criminal law. The importance of it in tracking, substantiating the accounts, and vindicating the unexpected is an invaluable record. The primary reason for the application of forensic evidence for criminal trials is in its...
Foster Care and Adoption Systems
IntroductionChildren are the backbone of society, but thousands of children in India grow up without the care and love of a family due to various adversities. Poverty, abuse, abandonment, migration, natural calamities, and death of parents render a large number of children vulnerable and homeless. Foster care and adoption aim at offering protection to such children by placing them...
Passion Homicide: Is the Heat of Passion Still Valid?
AbstractThe purpose of this article is to examine the heat of passion concept, as it is defined in the Bharatiya Nyaya Sanhita. We examine the origins of this concept, how it has developed, its current use in Indian courts, and several criticisms which have been raised against it. The intent of this paper is to demonstrate that this doctrine...
FROM RETRIBUTION TO RESTORATION: THE ROLE OF COMMUNITY SERVICE IN INDIA’S CRIMINAL JUSTICE DEVELOPMENT
The Indian criminal justice system has always believed in punishment without affording much scope for rehabilitation, where punishment was seen as a deterrent.The Indian Penal Code provided punishments like imprisonment for life, a specific term, or the capital penalty, leaving a very narrow room for restorative and reconstructive measures, per se. Thus, because of this, there was overcrowding of...
Fraud Prevention and Legal Accountability in Immigration Practice
IntroductionImmigration plays a significant role in shaping individual lives as well as national development. People move across borders for education, employment, family reunification, or safety. For many, immigration represents hope and the possibility of a better future. However, the legal process involved is often complex and unfamiliar, especially for first-time applicants. This complexity creates space for confusion, mistakes, and...
Swiss Ribbons Pvt. Ltd. v. Union of India (2019)
IntroductionInsolvency and Bankruptcy Code (IBC) of 2016:It was meant to be a “clean-up” tool for India’s stressed economy. Before this, closing a failing business took years. But when the IBC arrived, it was so radical that it was immediately challenged in court. The Swiss Ribbons case is the definitive judgment that saved the IBC from being scrapped or watered...
Vodafone International Holdings BV v. Union of India (2012)
IntroductionWhen globalization took off, multinational corporations started using layered corporate structures to stay tax efficient. This often led to friction with national tax authorities. Perhaps the most famous “tug of war” in Indian history is the Vodafone case. This judgment didn’t just change how we look at corporate tax; it sparked a massive debate on whether a government can...
Why Visa Refusal Cases Are Most Likely Due to Legal Errors.
INTRODUCTION While engaging with applicants for visas and in scanning publicly available data on visa refusals, one thing becomes apparent: visa refusals are sometimes neither due to the lack of eligibility nor necessarily due to unavoidable legal blunders. A great many applicants feel that having a genuine reason to visit the country is sufficient to obtain a visa. But...
Custody: The Silent Surge Of De Facto Guardian
Imagine if a grandmother who has nurtured her grandson to a mature man in eight years of uninterrupted commitment, only to be confronted by a habeas corpus petition by his biological father, who wants to be given custody. This situation depicts the increasing difficulty of the Indian family law in which de facto guardians, or those who have been...
