The Doctrine Of Pious Obligation And Its Relevance Today

The Doctrine of Pious Obligation is that doctrine under which sons are made liable to discharge father’s debts. It is solely religious. It only refers to vyavaharika debt i.e., debts conducted for legal purposes only, and excludes avyavaharika debts i.e. debts taken for immoral and unethical purposes. There are certain questions about the relevance of the doctrine of pious obligation under Hindu Law. This is because the Hindu Succession (Amendment) Act, 2005 led to the abrogation of the doctrine. To understand its importance today, it is required to refer to the meaning of the doctrine of pious obligation, its origin and historical background, and an analysis of the legal position of the doctrine prior to the Hindu Succession (Amendment) Act, 2005 and post the amendment

Quasi-Contracts In India

Quasi-contracts are the fictional contracts identified by the courts. This concept was present in the Roman law which was later opted in the English law and the Indian courts have adopted this concept by making a few changes to apply it in the country. The basic grounds of the quasi-contracts to prevent people from taking the benefit of other’s expense. These contracts are also known as implied contracts. The offer and agreement between parties is not required for a party to be held liable for taking advantage of another party’s expense. The provisions present in Indian Contract Act 1872, contains quasi-contracts in Chapter V, from Section 68 to Section 72 i.e., Claim for necessaries supplied to person incapable of contracting, or on his account; Reimbursement of person paying money due by another, in payment of which he is interested; Obligation of person enjoying benefit of non-gratuitous act; Responsibility of finder of goods and Liability of person to whom money is paid, or thing delivered, by mistake or under coercion. Though there are many dissimilarities between the contracts and quasi-contracts. However, Section 73 of the Indian Contract Act, 1872 offers remedies for the breach of quasi-contracts in the same way as the Indian Contract Act, 1872 enables remedies for the breach of express contracts in other sections, the claim for damages is quite similar to that of contracts. Under the Indian Contract Act of 1872, remedies are available under a quasi-contract

Constitutional Validity Of Section 2(C)(I), Contempt Of Courts Act, 1971: A Critical Analysis

It is a well-known fact that the freedom of speech and expression is an important facet of any democratic nation. The Constitution of India recognises the freedom of speech and expression as a fundamental right under Art. 19(1)(a). However, it is also crucial to ensure this freedom is not absolute in nature to preserve sovereignty, public order, decency and morality in the nation. The freedom of speech and expression has been restricted in various platforms, and the Constitution provides that the same includes in matters of contempt of court to preserve the administration of justice, and the sanctity of the courts. The Contempt of Courts Act, 1971 was enacted to define and limit the powers of certain courts in punishing contempt of courts and the procedures involved therein. However, a particular provision of the law has led to the rise in various debates regarding its scope, extent and limitations due to its apparent vague phrasing. Sec. 2(c)(i) of the Act has been critically analysed in the paper by incorporating the test of reasonability under the right to equality as well as the freedom of speech and expression. The paper focuses on the scope of Art. 14 and the impugned section by critically analysing the judicial approach of the Supreme Court in situations regarding the arbitrariness, and the discretion to determine the meaning of the phrase ‘tendency to scandalise’. The paper further critically analyses the scope of Art. 19(1)(a) and the reasonable restrictions laid down under Art. 19(2) to determine the validity of the clauses mentioned in the impugned section. The paper has also referred to the certain judicial approaches in similar circumstances in the USA and UK to critically analyse the ambit of Sec. 2(c)(i). The paper concludes by providing an understanding of the test of due process of law involved in determining the constitutional validity of any statute to determine the constitutional validity of the impugned provision

Sports Governance In India: A Critical Study On Its Constitutional Framework

Sports have always been an integral part of human civilization and its good governance has always been a matter of important concern. Today sports are not just a subject of leisure or entertainment but have grown into a multi-billion dollar industry, an industry of great significance which provides livelihood to many. Not just that, but sports is also used as a tool for educating and inspiring young minds. Gradually India has becoming one of the important stake holders in global sporting community and it becomes imperative to have effective legal mechanism for promoting and regulating sports within a country. Henceforth, sports have become a subject of immense significance and it encourages an academic study for examining its constitutional framework under which sports is been regulated in India. This study gives an insight on why the role of law is excessively significant for sports regulation and the existing issues and challenges that Indian sports regime is facing

A Self Sufficient Window to Repatriate What is Ours –Artefacts of the Greatest India

In 2022, world’s largest conference dedicated to culture, was convened, witnessing over 2,600 participants and the Indian delegation was headed by Minister of State for Culture, Shri Arjun Ram Meghwal. This conference, called the Montiacult 2022, for the first time ‘culture’ was recognized as worthy of being given a specific objective in its own right under the next United Nations Sustainable Development Goals. All the 150 countries unanimously adopted the Declaration followed United Nations General Assembly Resolution that is targeted at combatting the fight against illicit trafficking of cultural property. In the past 40 years this is the largest conference convened dedicated solely to culture. Over the recent years both, trafficking of cultural goods as well as awareness amongst legal circles of cultural heritage jurisprudence has attracted a lot of attention. This paper tries to quantify the depths of Indian laws responsible to ensure or uphold the security of the tangible cultural assets especially with respect to illicit trafficking. In India, before the advent of the British there was no particular law regarding cultural heritage. However, apart from ratification of certain international conventions, on a domestic level The Antiquities and Art Treasures Act of 1972 deals with the issues of smuggling of antiquities and such fraudulent dealings of art treasures. Further, there is The Ancient Monuments and Archaeological Sites and Remains Act, 1958 that has certain provisions regarding Central Government’s powers to regulate trafficking of cultural assets. However, whether these Acts and the proposed amendments thereof have been enough to combat the issue of repatriation and are fulfilling their primary purpose of having stringent provisions to stop such trafficking needs to be assessed

Legal Issues With Respect To Online File Sharing And Copyright

The core element of copyright is that persons who produce such intellectual work should be able to support themselves through their talent and labour and that innovation must be recognised. Owners are given control over and a share of the money made from the commercial exploitation of their works pursuant to copyright protection. Copyright comes into being as soon as the work is produced since it is about safeguarding "original expression." Intangible forms of expression that can be viewed, reproduced, or otherwise communicated either directly or with the aid of a computer or mechanism are protected by copyright as "original authors of workship.

Use of Force Doctrine: How the League of Nations Forged The Modern Interpretation of Use of Force?

The objectives include: 1. To drive home the need for today's networked organizations to support the notion that the professional practice of computer forensics and knowledge of relevant laws is essential. 2. To help stakeholders consider how technology forensics blends into overall corporate computer security as a strategic feature. 3. To enlighten the mass on issues associated with computer forensics. 4. To embark on product awareness and campaign to leverage cybercrime. RESEARCH METHODOLOGY The researcher has adopted the doctrinal study as the information of policy decisions and analysis of precedents and its implications have already been made available through journals, research papers, and other scholarly works in circulation. The doctrinal study aids the researcher in presenting a practical and real-world view of the method in which investigations for cybercrime are being carried out in the country in the present scenario. The present research can be called doctrinal as it is an examination that has been finished on an honest to goodness social word by strategy for exploring present statutory courses of action as well as going through various precedents and examining the operation of the concerned statutes in real-life scenarios. RESEARCH QUESTIONS 1. Whether the present statutory provisions regarding the investigation are achieving their desired objectives? 2. Whether our current laws and investigative mechanisms are sufficiently equipped to deal with the burgeoning volume of cyber-crimes in the post-covid era? 3. Whether the current strength of investigating officers and cybercrime cells are adequate to ensure proper investigation? 4. Whether there is a need to undertake the training of officers and up gradation of technology to keep pace with the rapidly involving ways in which cybercrime is committed

Misuse Of Section 498A By Women Under The Indian Penal Code, 1860

The practice of dowry was one of the practices that was commonly used in our culture in India, a country where rituals and customs may have a significant societal impact. This application was at first seen as a godsend, but when the women fell victim to their husbands' and his family's greed, it took a bad turn and turned into a burden for society. Additionally, this application was used as an excuse to harass the women and treat them cruelly on top of physically harming them. Thus, the Government of India added Section 498A to the IPC by the Change Act 1983 in order to safeguard girls[1]. However, in the current state of circumstances, there are instances where women abuse Section 498A of the IPC and other legal provisions like the dowry prohibition act. through the initiation of a lawsuit against her spouse and her in-laws and the discovery of the advantages of the support payment and other compensation

Comparative Study Of Fundamental Rights In India And USA

In today's world, fundamental rights are necessary, and each person has rights that make his or her life easier. The rights that are granted to an individual by the constitution are what constitute a person's fundamental right. The fundamental rights of people in two nations, India and the United States of America, will be discussed in this paper. There will be a discussion about how both countries ensure that the country's laws are properly enforced and understand the needs of its citizens. There will be a discussion about how India and the United States of America share fundamental rights. The few rights that exist in the two nations are also going to be the subject of discussion. Understanding the differences between the two major democracies in the world is the primary objective of this paper. Keywords: Fundamental Rights; Freedom; America; India

An Analysis Of The Legal Services For Women Prisoners And Their Children In Indian Prisons

The patriarchal culture in the Indian society has led to normalisation of gender bias, especially against women. They are subjected to social, economic and moral discrimination on regular basis. It is also a major hurdle for women prisoners in India. It denies them a fair and just trial. They do not have adequate facilities in prisons and their children also suffer due to the lack of enforcement of the rights. The laws for protection of women prisoners and their dependents are good on paper but not adequately implemented. Therefore, certain changes need to be made in order to ensure that their rights are protected and the Constitutional Principles are not violated. The purpose of this policy brief is to analyse the availability and condition of legal framework for women prisoners. It will address the issues faced by women prisoners which include maternity facilities, hygiene issues, health problems and the impact on their children. The remedies available will be analysed. Suggestions for removing the blank spaces in the existing system of prison administration and prisoner’s rehabilitation will be provided