LEXIS AND COMPANY

      COMMUNICATION OF ACCEPTANCE  Acceptance by external manifestation or overt act This definition clearly requires that the asset should be signified. It may be signified or expressed by an act or omission by which the party accepting intends to communicate his assent or which has the effect of communicating it. A very common instance of an act amounting to acceptance is the fall of hammer in the case of an auction sale.  The principle is that there should be some external manifestation (overt act) of acceptance. A mere mental determination to accept unaccompanied by any external indication will not be sufficient. In the words of Shah J : “An agreement does not result from a mere state of mind: intent to accept an offer or even a mental resolve to accept an offer does not give rise to a contract. There must be some external manifestation of that intent by speech, writing or other act. ” Such manifestation may be in the form of express words, written or spoken or may be signified thr

                                                         D ata privacy breach in India Introduction The Right to Privacy is a constitutional right that allows an individual to govern the use and dissemination of their personal information. It is guaranteed under Article 21 of the Constitution. An individual can use this right to prevent their personal information from being collected, used, or disclosed.  An individual can acquire and use a variety of different forms of personal information. Medical records, financial information, and habits and activities are just a few examples.There is a danger that the existence of computerized data about an individual could be used to create inaccurate or misleading information about him or her. This could be exploited by unauthorized third parties. The Supreme Court stated in the State of Maharashtra v. Bharat Shanti Lai Shah 2008 that though interception of conversation constitutes an invasion of privacy, it can still be curtailed by following l

  Capital Punishment in India – Manav Puri@LexCliq Capital punishment is also known as death penalty, the execution of a criminal sentenced to death after a court has convicted him of a crime. The Indian criminal justice system is one of the most important parts of the death penalty. In India it is awarded for the most serious offences. It is awarded for atrocities and serious crimes.  The death penalty or capital penalty or punishment is the highest penalty that can be imposed on a person under any existing criminal law anywhere in the world. The death penalty is the legal process of the state exercising its power to take a person's life.  Article 21 of the Constitution, which guarantees every citizen the fundamental right to life, also expressly states: “No one shall be deprived of his life or of his personal liberty except in accordance with the procedure established by law.” His life shall be taken except by a due process of law, that is the state can take his life by trial if

 Patent Rights and Infringement – Manav Puri@LexCliq Introduction; A patent is an exclusive right granted by the government to the inventor to exclude others from using, making and selling an invention for a specified period of time. A patent is also available to improve your earlier invention. The main motto for passing a patent law is to encourage inventors to contribute more in their field by giving them exclusive rights to their inventions. In modern terms, the patent is commonly known as the right granted to an inventor for his invention of a new, useful, and non-obvious process, machine, article of manufacture, or composition of matter. There are three basic tests for any invention to be patentable;  First, the invention must be new, which means that the invention must not exist.  Second, the invention need not be obvious, that is, the invention needs to be a substantial improvement on the previous one, mere change of technology will not grant the inventor a patent right.  Thi

  Manika Gandhi vs Union of India  This is one of the cases which is relating to the violation of the Fundamental right.  This is one of the highly Interpreted the case where there is the violation of the fundamental right. There is the law which is prescribed or article which is their right to Life. In this case the court held that the in this court held that the article 14, 19 and 21 are not perused and they are not fundamental right.  Therre were many issues which have been Mankeia Gandhi vs Union of India one of the issues which was been there is that regardless whether option to travel abroad lives in the Article 21. In the area of the Article 30(1) is the violative of the Article 21 of the constitution as in it abuses the privilege life and Individual freedom assured the under said sacred arrangement. In the excellences of the arrangement the candidate was controlled the from voyaging abroad. Audi Alteram chances e. to be heard is to all around perceived as a basic element of sta

  WEED AND MARIJUANA LEGAL STATUS By Shagun Mahendroo Marijuana in India has been given a variety of names and forms over the millennia, including weeds, bhаng, chаrаs, gаnjа, and so on. Cаnnаbis was a part of India, especially in Hindu religion, where it was employed in the form of сhаrаs (resin), bhаng (seeds), and gаnjа (mаrijuаnа flоwers). The most common type of mаrijuаnа in Indiа is the bhаng, which is used to make Thаndаi, a milkshake with mаrijuаnа seeds and leaves that is served at Hindu festivals like Hоli and Shivrаtri, as well as Sikh festivals. Are Weeds, on the other hand legal in India?  Central lаw deаling with marijuana (weed оr mаrijuаnа) in Indiа Drugs аnd Psyсhiаtric Act, 1985. Different states, on the other hand, have their own policies regarding the use, management, sale, or purchase of weeds or marijuana. Possession of these narcotics is generally considered a criminal offence in India, and can result in serious legal consequences. For еxаmple, Odishа is a region

  Void and Voidable Marriages By Shagun Mahendroo What Are the Differences Between Void and Voidable Marriages? Violations of Sections 5 (i), (iv) and (v) of the Hindu Marriage Act are known as void marriages, and they have been declared null and void from the start. Marriages that are voidable are those that are in violation of Section 12 grounds, and such marriages may be annulled by the Court if the section 12 conditions are met. The Definition of Void and Voidable Marriages: Section 11: Marriages that breach Sections 5 (i), (iv), and (v) of the Hindu Marriage Act will be deemed null and void from the outset upon the parties request. Section 12: The Hindu Marriage Act section 12 is broken into below two parts. Any marriage performed before or after the enactment of this Act is revocable and may be dissolved by a declaration of nullity for any of the reasons listed below: The marriage could not be consummated due to the respondent's impotence; the condition set forth in clause (i

 Article 368 and some important amendments to the constitution of India. By swatee Shukla Article 368-Under Article 368 of the Indian Constitution, the Parliament is empowered to amend it and its procedures. Amendments to the Indian Constitution are not easy to produce and require compliance with other provisions. Article 368 grants Parliament some powers allowing it to amend it while keeping its fundamental form just the same. Article 368 of the Constitution of India cites two types of amendments to the Constitution of India. The form of amendment is by a simple legislative majority (Lok Sabha & Rajya Sabha), the second type of amendment is by a special parliamentary majority, and the third type is with the approval of a special majority and by half the total state. The constitution of India, having been adopted on 26 th November 1949, has undergone numerous changes since the nearly 7 decades it was enforced. While none of the amendments are insignificant, many have assumed a

DEFAMATION LAW IN INDIA CRIMINAL DEFAMATION INTRODUCTION The defamation law safeguards people from various kinds of reputation harm, involving harm to one’s good character and name. The United States legal system allows people the right to sue when defamatory and false statements have damaged their reputations. Defamation as the meaning of the word refers to an injury to the reputation of an individual rising from a statement, which is not true. A man’s reputation is considered as his property and if an individual causes harm to property he is accountable under the law, in the same way, an individual harming the reputation of an individual is also accountable under the law. Defamation is provided in section 499 of IPC 1860 and section 500 describes that a person commissioning an offense under this section is accountable with simple imprisonment for a time period of two years or fine or with both. ELEMENTS OF DEFAMATION Defamation is a “communication that tends to the reputation harm of

 Doctrine of priority : all you need to know Introduction  The concept of the doctrine of priority is regulated by the Transfer of Property Act, 1882 (TPA) under Section 48. This doctrine helps the court in determining the correct party to whom the rights are to be given priority over the other in a case where the court has conflicting interests. The need for this doctrine arises in a situation where the transferor of the property deals with the same property with two different people subsequently. Hence, this resolves the problem of the courts to a large extent.  This article explains how the conflicting interest created over a particular immovable property can be settled through the rule of priority and its applicability and exceptions under Indian laws.  Doctrine of priority  This doctrine is based on the Principles of Natural Justice which states that if the rights are made in favor of two different people at different times, then the one who has the advantage in time will also get