Mohd Aqib Aslam

Mohd Aqib Aslam

Member since: February 25, 2020
Total live articles: 205

Ph.D. Research Scholar, Department of Law, University of Jammu. Specialized in Administrative and Constitutional Law. LLM in the year 2019. Gold Medalist in LLM.

Done B.A LLB from Dogra Law College, University of Jammu in the year 2018. Got membership of Jammu and Kashmir High Court Bar Association Jammu in the year 2019.

Enrolled under Bar Council of India through All India Bar Examination (AIBE) in the year 2019. Got "Young Researcher Award 2020" and "Research Excellence Award 2020" By the Institute Of Scholars (InSc) unit of SDPL. Author of book titled "Euthanasia: Global Scenario And Its Status In India".

Recent Articles by Mohd Aqib Aslam

Violation Of Constitutional Rights: Acid Attacks Against Women

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Women comprise half of the world's population. In spite of all development and growth, women are still victims of horrific scrims. Crimes against women are of various types and acid attack is o...

Weaker Sections Of The Society: Protection Of SC's And ST's Interests

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The position of schedule caste and schedule tribe is always a question mark for the society .being a developing country we are saying that we are giving an equal status to them as compared with...

Gender Equality: Rights of Women

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Women do not need to be polite to someone who is making them feel uncomfortable. You know, what I mean right?If this is being read by a female, I'm probably hitting my goal. In India, it is see...

Concept of Secularism

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India is a vast country where people of various religions, castes, creeds, and socio-cultural backgrounds live. This country is diverse also concerning its diverse population. Although, the wor...

History and Development of the Constitution of India

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Before gaining independence in the year 1947, India was basically divided into two main sections of the society, namely The British India (which consisted of 11 Provinces) and the Princely stat...

Inherent Powers Of Court Under Code Of Civil Procedure 1908

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The inherent power of the court is that which is inherent in a court by the very fact of its being empowered to exercise any jurisdiction at all so that it comes within the express sense of the...

Provisions Relating To First And Second Appeal Against Original Decrees Laid ...

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Normally, one cannot except the final decision in the case. It is natural that any error of law or procedure might have crept in. for removing such errors, there is one method of appeal. Provis...

Powers Of Commissioner And Circumstances Commission Can Be Issued Under Civil...

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It is well established rule of jurisprudence that all judicial proceedings must be conducted in the presence of parties and before the court. The statements of witnesses must be made before the...

Notice: Section 79 and 80 under Civil Procedure Code,1908

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Section 79 to 82 and Order 27 of the Civil Procedure Code, 1908 lay down procedure where suits are brought by or against the Government or Public officers. The provisions provides for the proce...

Code Of Civil Procedure 1908, For Deciding Relating To Execution, Discharge A...

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The execution of decree is very important but a very difficult task, it is not so easy as it is considered. Many times, many questions arise before the court executing the decree e.g. execution...

Concept And General Principal Of Execution Section 38 To 46

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Execution is the medium by which a decree-holder compels the judgment-debtor to carry out the mandate of the decree or order as the case may be. It enables the decree-holder to recover the frui...

What is an injunction? what are the various kinds of it? When it can be granted?

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What is an injunction? what are the various kinds of it? When it can be granted?Normally, the case lasts for a very long time and if the case is related with the property, then it becomes neces...

Provisions Relating To Attachment And Arrest Before Judgment

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The main objective of justice and judicial procedure is to protect preserve and enforce the rights of parties. This is done through the judgment and decree. So long as judgment and decree are n...

Costs Sec.35,35A,35B

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The codes of civil procedure provides for four kinds of costs: General costs- Sec. 35 Miscellaneous costs- order 20A. Compensatory costs for false or claims or defences- sec. 35-a. Let ...

Doctrine Of Res-Sub Judice And Res-Judicata

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Section: 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res:judicata. Section -10 provides the rule with regard to stay of suits where things are under...

Decree, Order Judgment and Mense Profit

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Decisions given by court of law are either decree or orders or Judgments. A Judgment is given in consequence of a decree and is pronounced by the court after hearing the case and can either be ...

Disposal Of Suit On First Hearing Order XV

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A suit can b e disposed of on first hearing in following way: Parties not at issue. Where at the first hearing of a suit it appears that the parties are not at issue on any question of law o...

Various Mode Of Effecting Service Of Summons On A Defendant

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Summon occupies an important place in judicial administration. It is well known word I judicial procedure. Normally, it is a convenient method by which any party, individual, witness or defenda...

Settlement of Issue and Determination of suit on issues of law or on issued a...

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When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, a...

Transfer Of Suits Or Appeal: Civil Procedure Code: Section 22 To Section 25

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The defendant or plaintiff has liberty to transfer a suit or appeal from one Court to the another Court of the similar rank and if Court satisfied with the contents of the application for the t...

Rules Relating To Place Of Suiting For The Recovery Of Moveable And Immovable...

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It is established law that the suit should be filed in the proper court and in such court which is competent to hear such cases. For this, all types of jurisdiction of the court should be taken...

Plaint, Written Statement, Set Off And Counter Claim Under Civil Procedure Co...

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A plaint is a legal document which contains the written statement of the plaintiff's claim. A plaint is the first step towards the initiation of a suit. In fact, in the very plaint, the content...

Historical Background And Scheme Of Civil Procedure Code 1908

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Before 1859, there was no uniform codified law relating to procedure of civil courts in India. In those days the crown courts at presidency towns and the provincial courts at mofussils were gov...

Trial By Media And Its Impact

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Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread ...

Privacy and Media

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India, at present, does not have an independent statute protecting privacy; the right to privacy is a deemed right under the Constitution. The right to privacy has to be understood in the conte...

Media And Obscenity

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Obscenity is a kind of mind pollution and a social problem affecting the society at large. It can be defined as any picture, photograph, figure, article, write up, video, etc. or a public act w...

Defamation And Media Law

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Every person has the right to protect his/ her fame like body and property. Actually, the right of protection of fame is more important than the right of protection of body and property. A ...

Advertising and Standard Council Act of India

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In India, as in several advanced economies, there is only one body for Self-Regulation in Advertising – the ASCI, which is concerned with safeguarding the interests of consumers whilst monitori...

Media And Press Council of India Act

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Media is considered as the fourth pillar of democracy, it is the eyes and ears of this society and ideally perform the function of a moral watchdog of the public interests. Correspondingly, pro...

Media and Executive: Official Secrets Act And Right to Information Act 2005

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The Executive in Indian Democracy is shielded by a special power to keep the information secret under the Official Secrets Act. Though the Constitution speaks about freedom of speech and expres...

Media And Courts: Contempt Of Court Act

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The Media freedom is curtailed when it tends to insult the state under Sedition which is a crime under I.P.C., if it results in loss of reputation of an individual i.e., defamation, and when it...

Media and Legislature (Legislative privileges)

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Press and Electronic media has to report the proceedings of the Parliament and State Legislatures. In the process they may confront the privileges of the parliamentarians. Any defiance of legis...

Various form of Media

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Media simply refers to a vehicle or means of message delivery system to carry an ad message to a targeted audience. Media like TV, Radio, Print, Outdoor and Internet are instruments to convey a...

Media And Law: Judicial Approach Toward Freedom Of Press, Obscenity, And Righ...

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Freedom of PressAlthough Article 19 does not express provision for freedom of press but the fundamental right of the freedom of press implicit in the right the freedom of speech and expression....

Media And Law: Constitutional Position Of Freedom Of Speech And Expression, F...

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The freedom of speech and expression is a very important fundamental right under the Constitution. It is indispensable for the development of one's own individuality and for the success of parl...

An Analysis Of Article 143 Of The Constitution Of India

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We are all aware that in the Pyramid of Courts of Justice in India, the Supreme Court is the Apex Court of the Country and is also considered the highest Court of appeal under Article 124 of ou...

Legality of Guardianship Under Different Religion

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A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born. He or she takes on the responsibi...

Advance Medical Directive Under Article 21 Of The Constitution Of India

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A person has the right to execute an Advance Medical Directive to know their decision regarding the manner and extent of medical treatment given to their body, in case they are incapacitated to...

Monopolistic And Restrictive Trade Practices Act,1969: An Overview

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The MRTP Act was introduced to provide that the operation of the economic system does not result in the concentration of economic power in hands of few. Through this article, an overview of the...

Legal Position On The Enforceability Of Prenuptial Agreements In India

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A prenuptial agreement or premarital agreement is an agreement or a contract that is signed by the couple who intends to get married or is soon ready to tie the knot or stay together in the for...

Confidentiality Clause Or Non Disclosure Clause In A Contract

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As per the Indian law, confidentiality clause or non disclosure clause in a contract bounds two or more parties or all the involved parties to ensure and agree that specific type of information...

Concept Of Ship Arrest In India And Jurisdiction Limits

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Maritime LawOver the centuries, the maritime law has developed since the colonial times which are considered as a wide ranging branch of law.  The inception of the maritime law can be traced d...

Marital Rape And Its Current Legal Status

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Indian Constitution has enshrined the basic right to equality and the right to life respectively, for every citizen of India. This means that every individual who is a citizen of our country ha...

Legal Procedure To Revoke A Power Of Attorney

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The Power of Attorney (POA) is basically a means via which a person has the ability to authorise another individual to undertake decisions on his behalf regarding certain important aspects. The...

Concept Of Benami Property And Benami Transaction Under The 2016 Act

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The Benami Transactions (Prohibition) Act, 1988 was amended by the Benami Transaction (Prohibition) Amendment Act, 2016, in which substantial provisions were added to the existing Act to provid...

Transfer Of The Ownership Of Property Rights In Case Of NRI (Overseas Citizens)

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Alienation refers to the transfer of the ownership of property rights, for instance, sales, gifts as well as mortgages. The first step for any individual who has acquired a property in India by...

Legal Guardianship Of A Person With Disability Under Rights Of Persons With D...

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Mental Health Act, 2017 defines a guardian as a person who is appointed to look after another person. They have to assume the care and protection of the person for whom they are appointed as a ...

Refund And Cancellation Policy Under E-Commerce Platform

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Online shopping in India comes with certain risks especially because you have to make a purchase without seeing or testing the product, whether it's clothing, cosmetics, personal care items, sh...

Legal Rights Of HIV/AIDS Patients In India

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HIV/AIDS is one of the biggest challenges faced by India. There are about three million people suffering from HIV/AIDS in India. The socioeconomic condition of the country coupled with the tra...

Spacetech Laws In India And Its Role In Changing The Dynamics Of The Economics

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All forms of space technology are employed in our daily lives to predict weather using satellites (INSATS), remote sensing, satellite transmissions in our televisions, and the GPS that we are s...

What Legal Remedies Are Available To Entrepreneurs In Debt?

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Initiation of Insolvency proceedings by Debtor Under the Insolvency and Bankruptcy Code, 2016 (Code), in case of an entrepreneur (Corporate Debtor) in debt may submit an application under Sectio...

Genetic Privacy In India And Its Present Status

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Over the years, genetic tests have become more popular and affordable. For a few thousand rupees, basic predictive genetic tests can now be ordered online. According to the National Institutes ...

Firearm Laws In India And Its Current Scenario

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In the middle 1800s with the increasing uprising of the British in India, regular episodes like poor pay, racial ruthlessness, increasing cultural indifference, poor terms of pensions, etc. wer...

Status Of Forex Trading In India And Its Legality Along With The Provisions I...

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The exchange market or Forex is a globally decentralized or OTC (Over the top) marketplace for the trade of currencies. This market determines exchange rates for each global currency. It holds ...

Legal Method For Applying Non-Availability Of Birth Certificate (NABC)

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When a child does not have a birth certificate, he/she may be denied access to ancillary services like health care and education. A lack of identification and support will eventually make life ...

Analysis Of Section 66A Of Information Technology Act With Special Reference ...

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Digital technology and new communication systems have made dramatic and drastic changes in our lives as most business transactions are being made with the help of computers. The business communit...

Transgender Persons (Protection of Rights) Bill, 2016 and Constitutional Stat...

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The transgender community in India faces a variety of issues which include problems relating to marriage, property, electoral rights, adoption, etc. to name a few. After the judgment in the cas...

New Maintenance Guidelines by the Supreme Court of India 2020

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In India, the term maintenance is defined by Section 125 of the Code of Criminal Procedure, 1973 as well as personal laws. The term ‘maintenance™ in Indian law refers to an entitlement to fo...

Sedition: Complicated History of Section 124-A

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On 15th July 2021 Supreme Court bench led by CJI NV Ramana expressed their concern about the unbridled use of sedition law against the city which has again reignited the public debate over this...

COVID-19 and Right to Decent Burial: An Examination

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Asthi Visarjan is a very significant ritual in the Hindu religion which means immersion of the left ashes collected from Antim Sanskar (Last Rites) of a dead person. But in the time of Covid-19...

Implications Of Information Technology Intermediary Guidelines, 2021

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The Ministry of Electronics and Information Technology (MEITY) and the Ministry of Information and Broadcasting (MIB) on 25.02.2021, notified the Information Technology (Intermediary Guidelines...

The Socio-Legal Position Of India’s Transgender (Third Gender)

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Some people feel that the sex they were assigned at birth doesn’t match their gender identity or the gender that they feel they are inside. These people are often called transgender.&nb...

Status of Foreign Universities Under New Education Policy 2020

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With the onset of 2020, the Indian Government has sought to replace the 34 years old National Policy on Education which had been implemented in 1986 with the New Education Policy with the visio...

The National Bank for Financing Infrastructure and Development Bill, 2021

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The National Bank for Financing Infrastructure and Development Bill, 2021 (the Bill) was introduced in Lok Sabha on March 22, 2021. The National Bank for Finance Infrastructure and Development ...

Default In Contractual Obligations And GST Implication During Covid-19

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COVID-19 consequences have already been faced by the business concerning the ability to honour their commitments. Several businesses are left with no other choices but to accommodate with inade...

Medical Termination of Pregnancy (Amendment) Act, 2021

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The Medical Termination of Pregnancy (Amendment) Act, 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women. The Amendment raises the up...

Doctrine of Precedent (Article 141)

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A decision that has already been taken by a higher court is binding to the lower court and at the same time stands as a precedent to the lower court judgment, which cannot be altered by a lower...

Pharmaceutical Advertising in India And Its Legal Complications

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Drugs play a very important role in the management of ailment and illness in human life and in this context medical practitioners are given the responsibility of prescribing the various drugs r...

New Copyright Amendment Rules, 2021: An Overview

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The government of India has earlier this year, introduced amendments to the Copyright Rules, 2013. The changes introduced by way of the 2021 amendment are meant to bring harmony between all exist...

Bail, Anticipatory Bail, Mandatory Bail And Bail After Conviction

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The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well recognized principle among all the judicial systems of the world. Bail, in law, means procurement ...

Death, Marriage And Insolvency Of Parties Order Xxii Of CPC

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Order XXII Rule 1 Manovikash Kendra Rehabilitation and Research Institute vs Prem Prakash Lodha [2005 (7) SCC 224] – During the pendency of the appeal if the respondent/decree-holder died ...

Gender Neutrality: An Inherent Conflict Between POCSO And IPC

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The CLAA has also brought an amendment in the POCSO by amending section 42 of the Act. The purpose of section 42 is to give the general law of IPC an overriding effect over POCSO in the matters...

Rape Laws: An International Perspective

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Over the last few decades, concern and outrage over the prevalence, magnitude and impact of violence against women has grown to the point that any form of crime against women is now recognized ...

Comparative Law: Conceptual Study

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Comparative law is an educational discipline in which, the legal systems of different countries are studied. This has led to the development of various branches of law, such as constitutional l...

Biodiversity and Traditional Knowledge Under Biological Diversity Act, 2002

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India is one of the most biodiversity in the world, also one of the most ancient civilizations in the world. Therefore, it has a very rich treasure of traditional knowledge. It can be defined a...

Legal Dimension of Geographical Indications

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Geographical indications means any indication which define the goods as originating in the territory of a country or a region or locality in that territory, provided a given quality reputation ...

Conceptual Study of Information Technology Law

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Information technology law, also known as cyber law, is related to legal informatics and governs the aspects related to circulation of the digital information, software, electronic commerce, et...

Intellectual Property and Its Conventions

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Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names and images used in commerce. It is protected in law by patent...

Conceptual Study on Uniform Civil Code, Will, Gift and Wakf

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Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. A will is ma...

Adoption and Guardianship

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Law states that any Indian, non-Indian or a foreigner can adopt a child who is medically fit and financially able to take care of the child. Adoption is not permitted in the personal laws of Mu...

Concept of Live-in Relationship and Maintenance

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There is no particular law in India to lay down the rights and commitments for the parties in a live-in relationship, and for the status of children born to such couples. However, the court has...

Family Law and its Sources: Concept of Marriage and Divorce

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All over the world, marriage began as a sacrament (religious ceremony). Hindus took marriage as indissoluble (unable to be destroyed) even after death. Whereas, Muslims took marriage as a contr...

Harvest Inspection Rules Under Revenue Laws (Jammu And Kashmir).

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Girdawari is a crop harvest inspection. When the crops ripen and become ready for harvesting, the Patwari must visit each field and record the result of crops in the register of Khasra Girdawar...

Hidayat Intiqalat Mutation Rules Under Revenue Laws (Jammu And Kashmir)

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The Oxford Dictionary defines the word mutation as an action or process of change in the form or structure. In revenue parlance, the mutation is the transfer of right or ownership by any legal ...

Jamabandi Record of Rights Under Land Revenue Laws Jammu And Kashmir

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Under section 21 of the Land Revenue Act Svt. 1996, a record prepared at the time of settlement or revision of an Estate is known as Record-of-Rights. It contains the Shajra Nasab of the landho...

Legal Aspects of Goods, Partnership and Negotiable Instruments

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Commercial law plays significant role in the smooth functioning of trade and commerce. In India, we have several commercial laws, some of the prominent among them like Sale of Goods Act, 1930, Pa...

Standard Form of-contract, Quasi-contract and Specific Contracts

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Contracts are of many types such as standard form of contract, quasi-contract and specific contracts. They all have distinct salient features from each other. Bailment, pledge, indemnity, guara...

Law of Contract

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Contract plays a significant role in our daily life. A contract is an agreement between two or more parties, which have obligation and rights according to the content of the agreement. A contra...

Liability (Strict Liability, Absolute Liability and Vicarious Liability) Unde...

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Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, like vicarious liability, the liability of one person...

Specific Torts (Negligence, Nuisance, Trespass, Defamation and Remoteness of ...

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Tort is when one person or entity inflicts an injury upon another, in which the injured party can sue for damages. There are numerous specific torts including negligence, nuisance, trespass, de...

Conceptual Study of Law of Torts and General Defences

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The law of tort is a branch of civil law, which consists of various torts or wrongful acts that violate some legal rights vested in a person by law. General defences are a set of defences that ...

A Conceptual Study of Punishment and Compensation under Indian Panel Code

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When a person commits any offence, then he or she is punished, so that such act or omissions do not repeat in the future. There are different theories to understand the nature of punishment and...

Offences under Indian Penal Code: An overview

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Offence is an action which harms others, disturb the tranquility of a society, waging war against the State, etc. It is ubiquitous. The offences are of various types such as against human body,...

General Exceptions of Indian Penal Code, 1860

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The criminal law outlines different punishments for various crimes. But a person may not always be punished for a crime that he has committed. The Indian Penal Code, 1860 recognizes defences in...

Criminal Liability: Crime, Stages Of Crime and Inchoate Crime

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In our society, a crime often takes place which are against the principle of humanity. A person convicted for a crime has a certain criminal liability. The general principles i.e. Actus reus an...

Human Rights and International Humanitarian Law

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Human rights are inherent in human beings, they are a must for a person to live a dignified life. International humanitarian law plays a prominent role in ensuring rule of law during armed conf...

Concept of Recognition, Nationality and Extradition under International Law

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In the sphere of international law, many concepts are used such as recognition of states and governments, nationality, refugees and internally displaced people, immigrant, extradition and asylu...

International Law: Evolution and Its Sources

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International law, also called public international law or law of nations, is the legal body describing rules, norms, and standards that apply between sovereign state and other entities which a...

Various Concepts of Administrative Law and Judicial Review

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Prologue Administrative law deals with the legal control of the government and related administrative powers. On the other hand, judicial review is a process under which executive or legislati...

A Comprehensive Study on Executive and Legislature Branches Of Constitution O...

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According to the Constitution of India, the executive branch i.e., the Council of Ministers shall be collectively responsible to the legislature. The Union Executive in India consists of a Pres...

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Popular Articles by Mohd Aqib Aslam

History of Law Reporting In India An ove...

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History of Law Reporting In India. An overview Prologue: According to theory of Precedent and t...

Dying Declaration (Section 32 Of Indian ...

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Dying Declaration is admissible in evidence being hearsay evidence. This piece of hearsay eviden...

Principles Of Natural Justice In The Lig...

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Natural justice is an expression of English common law, and involves a procedural requirement of...

International Law: Definitions, Nature A...

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The term International Law or Law of Nations has been used in contradistinction to the National ...

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