Akanksha

Akanksha

Member since: April 12, 2024
Total live articles: 48

Recent Articles by Akanksha

Kelsen's Pure Theory of Law

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The pure theory of law is a comprehensive legal theory that adheres to the tenets of legal positivism. It uses structural analysis as a method and aims to understand the law as it is, not as it...

Protected Workman under Industrial Dispute Act

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Certain trade union leaders affiliated with the establishments are protected by law while the Industrial disputes Act is being applied to their case. This official is protected against any acti...

Principles of Natural Justice

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"The Principles of Natural Justice are easy to proclaim, but their precise extent is far less easy to define," according to a well-known English decision in Abbott v. Sullivan, publis...

Philosophical School of Jurisprudence

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Hugo Grotius was a Republican philosopher who was born in the Netherlands. As the founder of the philosophical school of jurisprudence, he is revered. Grotius asserted in his well-known book "T...

Ownership and Possession in Jurisprudence

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OwnershipDiverse definitions of ownership exist among jurists. They all acknowledge that the ownership right is the ultimate or whole right over everything. Hibbert therefore asserts that owner...

Natural Law School

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The natural school of law is commonly understood to be the universal, everlasting law of nature, divine law, or the rule of nature itself. It has been interpreted differently throughout history...

The Indian Penal Code: Mistake as Defense

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Within the framework of criminal law, justification and excuse serve as benchmarks for both dictating and prohibiting behavior in general and determining guilt or innocence in a given instance....

Legal Realism: An LPE Reading List and Introduction

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A movement in legal theory known as legal realism emerged in the latter half of the 19th century and peaked in the early 20th century with progressivism. It argued against formalist laissez-fai...

Judicial Intervention With Regard to Cruelty Against Women: An Analysis of Se...

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According to Indian Penal Code section 4980-A, cruelty is a serious offense that carries penalties. Additionally, it is a necessary component of the presumption Sections 113-A and 113-B of the ...

Insanity as a Defence in Indian Penal Code

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A person who is mentally ill is considered incapable of having the requisite mens rea to commit a crime, so mental illness provides a complete defense against any criminal prosecution. A person...

History of Indian Constitution

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The Indian Constitution did not come into being in a single day; rather, it evolved over several decades prior to India's independence in 1947. From its beginnings in the freedom movement, the ...

Historical School of Jurisprudence

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Generation after generation has taught us to learn from the past in order to avoid making the same mistakes again. As a result, knowledge of historical jurisprudence is necessary in order to co...

Historical Development of Legal Profession

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Legal profession in Ancient Greece: Tribium served as the foundation for ancient schooling. Three subjects made up the majority of it: rhetoric, grammar, and logic. The emergence of academician...

Freedom of Trade and Commerce: A Constitutional View Point

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On January 26, 1950, the Indian Constitution came into effect, establishing the Republic of India. The Indian Constitution is a written constitution that is the largest in the world. It offers ...

Federalism: Balancing Diversity and Unity in Governance

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Federalism blends geographical variety with national cohesion. The balance between these two concepts is reflected in the various forms of federalism, the division of responsibilities, and the ...

Dying Declaration and its Authenticity

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When providing testimony, the basic rule is that the witness should be actively involved in the topic of the testimony and should not vouch for the experiences of other people. Under some condi...

Doctrine of Hire and Fire: Employment in India

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The Public Sector Undertakings (PSUs), which are corporate entities under government control, hire people from the private sector, government employees, and other personnel fall into one of thr...

Doctrine of Estoppel: Lessons from Pickard v. Sears and Its Legal Implications

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In Pickard v. Sears, the machinery's mortgagee allowed it to stay in the mortgagor's possession, and a judgment was obtained against them. The equipment was confiscated during execution, but th...

Defamation: Laws and Judicial Intervention

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The most important thing to a man in life is his reputation. Defamation is defined by Black's Law Dictionary as the crime of intentionally and falsely damaging someone's reputation, celebrity, ...

Control Mechanism over Delegated Legislation

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The Indian Legislature is empowered under the Constitution to enact national laws. Determining a legislative policy and framing it as a code of behavior is one of the major functions of the leg...

Confession under Indian Evidence Act

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The Indian Evidence Act's Section 24 has the first instance of the word "confession." It is evident that the confessions are only one type of admission because this section falls unde...

Concept of Admission and Study under Indian Evidence Act, 1872

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The voluntary acceptance of a fact's veracity or validity was referred to as admission. The Evidence Act, however, provides a more specific interpretation of admission. It only addresses statem...

Competency of Witnesses Under Indian Evidence Act, 1872

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Globally, the witness is essential to both criminal and civil judicial systems. One of the most important parts of the legal process is the witness. To put it simply, the legal system is the &q...

Cognizance of Offences

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Criminal law provides predictability, which helps to maintain law and order. It safeguards people's rights. Conflicts and disputes between citizens who are at odds can be settled through the us...

Burden of Proof in Evidence Law

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Any case, regardless of its type, begins with the occurrence of specific events; the details of those occurrences are referred to as facts. The court must rule on particular legal issues, and i...

Basic Principles on the Independence of the Judiciary

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While the world's peoples affirm, among other things, in the United Nations Charter their commitment to creating the conditions necessary to uphold justice in order to foster international coop...

Arrest: The Rights of the Accused and the Power of Arrest

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Regardless of whether a person is a criminal or not, they must always be treated as fellow human beings. Nevertheless, until the accused is found guilty in a court of law, they are presumed inn...

Accidents and Necessity under Indian Penal Code

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Section 80: Error when doing a legal act. "Nothing done by accident, misfortune, or without criminal intent or knowledge in the performance of a lawful act in a lawful manner by lawful mea...

Abetment under Indian Penal Code

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Even if the definition of aided and abetted varies depending on the viewpoint, it always involves two people: one who prepares and plans the crime, and the other who actually does the crime. Wh...

The Evolution of the Basic Structure Doctrine and Judicial Review

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After dozing off in the last ten years of the 20th century in the archives of India's constitutional history, the discussion of the "basic structure" of the Constitution has resurface...

Administrative Discretion: A Journey from Laissez-Faire to Welfare States

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The later half of the 1800s, especially in the wake of England's Industrial Revolution, saw a number of revolutionary shifts in the way governments operated and were conducted. Since then, the ...

A Critical Analysis of Unfair Labour Practices and Victimization in the conte...

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The colonial paradigm of industrial relations serves as a major foundation for the institutional structure of industrial relations in India. "It has been substantially defined by three imp...

Rule of Law and Its Impact on Fundamental Rights and Governance

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A society with the rule of law is one in which everyone can access justice, no one is above the law, including the government, and laws safeguard fundamental rights. It suggests a set of unifor...

Doctrine of Judicial Review in Indian Constitution

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The ability of a nation's courts to investigate and assess whether the legislative, executive, and administrative departments of government are acting in accordance with the Constitution is kno...

Why We Need a Power Balance: Separation of Power

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A lack of faith, a lack of accountability, and the buildup of forces from various organs can result from the concentration of power in a small number of hands, which can impact the nation's ove...

Self Incrimination Under Article 20(3) Of Constitution Of India

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It was stated that regardless of the outcome of the case, at least with regard to the thumb impression-which, given the ruling of the Supreme Court, may even be obtained under duress-that would...

Using Technology to Quicken the Criminal Justice System: A Thorough Examination

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Any society must have a criminal justice system in place to protect justice, preserve law and order, and safeguard the safety and welfare of its people. However, inefficiencies, delays, and a l...

A Review of India's Human Rights Protection

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By enforcing numerous rules, the State upholds the social order framework, without which well-ordered social life would be impossible. Many social contract theorists believe that upholding and ...

Rights Against Exploitation As Guaranteed By Constitution Of India

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Slavery and any other conduct that compromises an individual's freedom and dignity are forbidden by Indian law. However, some people continue to believe that they are better than other people. ...

Right To Livelihood And Article 21 Of Constitution Of India

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One of the main articles in Part III of the Indian Constitution that addresses fundamental rights is Article 21. Article 12 of the Indian Constitution defines the enforceable rights against the...

Protection Against Handcuffing In India

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The Supreme Court rejected the absurd practice of handcuffing accused individuals and having them escorted from jail to observe and offer support in the event that they are not conscious. This ...

Provisions Of Minorities As Constituted Under Indian Constitution

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The fact that India is a diverse country is widely known. As William J. Duiker put it, "A land of diversity" It is clear from both its languages and cultures as well as from its physical traits...

Importance of Maintenance Provisions under Cr.P.C. for Women

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The institution of the family begins to fall apart when someone begins to overlook their own responsibilities to their family for any reason. As a result, every society (via religion) has creat...

The Human Side of Capital Punishment: Perspectives from India and Beyond

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The foundation of all penalties is the same idea: that misconduct always has to have a consequence. The punishment is being meted out for two key reasons. One is the conviction that someone who...

Freedom Of Speech And Expression Wrt Indian Constitution

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Every democratic society is built on the fundamental principle of freedom of speech and expression. The right to open communication and the ability to learn from others are fundamental componen...

Critical Analysis of Plea Bargaining Procedure

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A criminal justice system's primary objectives are to uphold social harmony and order and give citizens a way to file a claim for compensation when their rights are infringed. Consequently, the...

Article 22: Break Off Time On Preventive Detention

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I've had the chance to talk about how these kinds of restrictions on one's personal freedom are not only permissible but also covered in the Constitution's section on fundamental rights in rece...

Cultural and Educational Rights in India Guaranteed under Indian Constitution

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Certain religious and linguistic minorities are guaranteed the right to culture and education under Articles 29 and 30 of the Indian Constitution. A portion of the population's language, script...

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Popular Articles by Akanksha

Protection Against Handcuffing In India

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The Supreme Court rejected the absurd practice of handcuffing accused individuals and having th...

Freedom Of Speech And Expression Wrt Ind...

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Every democratic society is built on the fundamental principle of freedom of speech and express...

Abetment under Indian Penal Code

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Even if the definition of aided and abetted varies depending on the viewpoint, it always involv...

Concept of Admission and Study under Ind...

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The voluntary acceptance of a fact's veracity or validity was referred to as admission. The Evi...

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