LEXIS AND COMPANY

   Derogatory remarks- M.B. Sanghi, Advocate V. High Court of Punjab and Haryana and Others The appellant who is a practicing advocate accused and attacked the integrity of the Sub-Judge by saying that he was acting as a contractor of the Municipal Committee and was under the influence of DY. Commissioner during the adjudication. The Sub-Judge reported the matter to the District and Sessions Judge and the District and Sessions Judge submitted a report to the concerned High Court. The High Court in the proceedings found that the behavior qualifies as contempt of court under Section 29(c)(i) of the Contempt of Court Act. The appellate had also done similar kinds of acts in the past. The Court rejected his unconditional apology and sentenced him to two months of imprisonment.  Criminal Contempt M.Y. Shareef and Another V. The Hon’ble Judges of the High Court of Nagpur and Others In this case, the applicant and two of his advocates filed an application for transfer of the case from the Ben

  Case analysis of Vishaka vs State of Rajasthan (case analysis of Public Interest litigation) It is one of the cases in which a woman has had a project to go through the village. Where child marriage was being practiced from the periods. No news was being reported earlier regarding this reason.  Here when the woman was reporting this incident. She was sexually harassed by the men. Finally, due to the revenge, she died where she was brutally raped and murdered.  Here the issue was regarding this suit can be filed in the PIL (Public interest litigation). I see the incident resulted in the murder. There will be questions arising in the mind. How can we file under the PIL? There is the option that we can file under the Public Interest Litigation. In the above case, it is called sexual harassment. When the murder was been committed before she was subjected to sexual harassment. In matters of Public Interest litigation, there is the concept of the violation of the fundamental right. In this

  What is patent and laws related to them? By swatee Shukla  A patent is a governmental-issued right granted to individuals or groups that protects their original inventions from being made, used, or sold by others without their permission for a set period of time. It is a form of monopoly granted to inventors or innovators for their idea and covers the innovations and developments in various fields of technology, such as pharmaceuticals, biotechnology, computer hardware, etc. a patent is not a right to practice or use the invention but a patent provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the period of the patent, which is usually 20 years from the filing date. A patent is thus a limited property right that the government offers to the inventors in exchange for their agreement to share the details of their inventions with the public. There exists a patent office in every country that has patent laws, which

    Emergency provisions under the constitution of India. By swatee Shukla  Emergency provisions are provided in part XVIII of the constitution from articles 352 to 360. When an emergency is declared, the federal system of the government is converted into a single, unitary system, and all rules and regulations are issued by the parliament which is the union legislature. During an emergency state, all the powers of the state government get transferred into the hands of the union government. Even the fundamental rights of a citizen get suspended. Other than the fundamental rights stated in articles 20 and 21, all the other fundamental rights remain suspended during the period of emergency. The duration of emergency is initially for a period of six months, and if the parliament fails to extend the term of emergency within that period, the period is extended automatically for one month, but if parliament extends the period of emergency within that period, it can do so for another period of

  Repeal of Farm Laws – A setback or a step in the right direction?   The famous slogan of “Jai Jawan, Jai Kisan” by Lal Bhadur Shastri has now been changed to just some random rhyming words as concluded by the opposition. Has the real motive of making the farm laws been just a political agenda now? Have the problems of a Farmer just become a topic for political agenda?                        The integrity of a farmer and his/her well being was questioned when the controversial farm laws were passed. The three new farm laws were: - Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act, 2020;  Farmer’s (Empowerment and Protection) Agreement of Price assurance and Farm Services Act, 2020; and Essential Commodities (Amendment) Act, 2020  Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act, 2020   The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act provides for setting up a mechanism allowing the farmers to sell their farm produces outsi

  The Legal Aspects of Budget The budget is a declaration of the Government of India's expected receipts and expenditures for the fiscal year that begins in April and ends on March 31 of the following year. The central budget in India dates back to 1860, when it was first implemented by then-finance minister James Wilson, two years after the East India Company's management was transferred to the British Crown. The Budget is given in 14 documents, some of which are required by the Indian Constitution and others which serve as explanatory texts. Some additional major features of the Budget's constitutional and legal foundations are as follows: Surprisingly, the word "budget" does not appear in the Indian Constitution. Article 112 of the Constitution mandates that a 'Annual Financial Statement' be presented to Parliament, including the expected receipts and expenditures for the fiscal year. This statement shows the government's receipts and expenditures i

  Analysis of Surrogacy Law in India Priyanka Chopra Jonas and husband Nick Jonas few days back announced welcoming a baby through surrogacy. Now the question arises that what is surrogacy and what are the Surrogacy Laws in India? Surrogacy comes from the Latin word surrogare, which means "to take another's position." It is the act of bearing another person's child. The growth in infertility rates in India drew more attention to surrogacy. Surrogacy can be divided into two categories. Each has its own set of dangers. Surrogacy's History: From a legal standpoint, surrogacy began roughly 30 years ago. Surrogacy, on the other hand, is commonly accepted in most societies in retrospect. In 1881, the very first successful artificial insemination surrogacy took place in an unethical manner. Since then, it has received a great deal of criticism and controversy. Until 1976, when a lawyer created the first standard surrogacy agreement, there was no legal view. The surrogat

   Hobbesian state of nature   Hobbesian state of nature says how a land without laws and nature will lead to the perils of all human beings. All states practice Hobbesian sense of rationality in their respective state practices. Hobbes is of the opinion that state is an indispensable aspect for the existence of a political society. In the absence of state, the political society would disintegrate into chaos, violence and  mistrust among all individuals. Due to rapid changes taking place inn the British and west European society,Hobbes concern was how to prevent this chaos he begin to think about  how humans would behave without any government and laws and tries to find a way out, he felt the need to create a stable nation during the civil war and he went on and studied the nature of human beings in a pre-political state and invites us to imagine a place where higher authorities, governments, customs  and kinds of influence of these artificial entities that alter human behaviour with t

  Locke’s concept of natural rights.  Locke while taking us through an  imaginary state of pre civil pre political state of nature, quite similar to Hobbes, only major difference was that the characterised the state of nature into totally contrasting scenarios. He described life in a pre civil one to be calm and peaceful, where everyone coexisted with mutual cooperation and tolerance for one another. This was a state of complete freedom where each citizens lived equally in harmony and tranquility.  He also propounded that man was born with a set of pre-existing or pre-given natural rights, and these rights namely-  “right to life, liberty and estate” cannot be undermined by society. He also says  these three natural entitlements of right to life, liberty and property are of equal importance for the basics of a state that are  bestowed by Jesus to his subjects for the purpose of serving god and cannot be alienated from a person. These three laws are interdependent and complement each ot

  Ban on Chinese Apps in India Amid the tensions between China and India which has been on the rise, the Ministry of Electronics and Information Technology permanently banned several applications like Shein, Wechat, TikTok and 221 other Chinese apps due to the issues surrounding privacy and data protection. This decision was based on reports from the Indian Cyber Crime Coordination Centre which the Government received.  Its pertinent to understand that the move comes after several complaints of stealing and unauthorized transmission of user data to servers outside India while using these applications. While others also relate this move with the standoff along the line of Actual Control in Ladakh with Indian Soldiers.  Yet, it doesn’t end there. With the ban, though there are innumerable positive benefits like India coming with its own apps like Chingari, an app similar to Tik Tok made by Indian developers which saw a huge increase in its download in just a week motivating several India

  Case analysis of M.C METHA VS UNION OF INDIA  This case relates to one of the landmark cases of PIL ( Public interest Litigation ). So going to the case analysis we would like to revise the concept. The PIL public interest litigation was introduced for the weaker section of the society SC, ST, OBC. It was supportive mainly for the weaker section. In this case, the person who was indirectly not seen this incident was filing under the PIL public interest litigation under this issue. Mainly, in this case, there was the specific matter which was concerning on the public matter. As violations of the environmental pollution, hazards pollution, bonded labors, This issue is only not only a concern on the matter of single person also the whole society.  In the case also the arguments which were raised in the petitioner side before the court in this case where it is not concerned about the river of polluting but it is living the concern of whole people. Many people use Ganga water for various

  ESSENTIAL ELEMENTS OF A VALID OFFER When two or more persons want to make an agreement, then two essential elements are necessary to be fulfilled to make it a valid agreement. They are offer and acceptance. This article speaks about the offer. One person communicating his willingness to do or not do an act, hoping for the other person’s approval or acceptance is called an offer/proposal which is defined under Section 2(a) of the Indian Contract Act, 1872. A proposal when gets accepted, it will become a promise as defined under Section 2(h) of the Indian Contract Act, 1872. There are certain essentials elements of a valid offer. They are: Offer must be of creating legal relations An offer must be made with the intention to create a legal relationship, which creates legal rights and obligations which help to sue the other party who is not fulfilling the obligations mentioned in the agreement. Generally, many foreign judgments were cited in contract law due to their persuasive value. Fo

  CONTRACT OF GUARANTEE Generally to get a loan, to buy on debit, to get employment, etc. one needs guarantee from a third person. The person who gives guarantee is called Guarantor/Surety. To whom the guarantee is given is called Creditor. For whom the guarantee is given is called Principal Debtor. So, the Contract of Guarantee must have a minimum of three parties. There are three types of contract of guarantee: Contract between creditor and principal debtor. Contract between surety and creditor. Contract between surety and principal debtor. The third type of contract comes into existence only when the surety pays on behalf of the principal debtor. These contracts may be either oral or written. This is explained in the Section 126 of the Indian Contract Act, 1872. Sections 126-147 deal with the issues related to the Contract of Guarantee. A Contract of Guarantee is invalid with the same conditions of a void contract, since contract of guarantee is also a contract itself. Some of which