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MODEL TENANCY ACT, 2021

                  MODEL TENANCY ACT, 2021 In June 2021, union cabinet approved the Model Tenancy Act, 2021 for circulation to States and union territories for adoption by way of enacting new legislations or amending existing rental laws.                 Since ‘land’ is in the state list of constitution, laws passed by the union government are not applicable in all states, unless the states and Union Territories adopt it. Government has only directed them with guidelines.  About The Act                          The act aims to govern landlord tenant relationships. The prospective of this law is that it will not affect existing tenancies or a dispute; i.e. it is not retrospective in nature. . It will not be applicable to hotels, lodging houses, dharamshalas, premises for industrial use, premises owned by union or state government, union territories, local authorities or statutory bodies, premises owned by companies, premises owned by religious or charitable institutions.                 

Case Analysis Of Haynes v/s Harwood

  Case Analysis Of Haynes v/s Harwood By Nemi Bhavsar The plaintiff (Haynes) was a police officer on duty at a busy street police station, where he was frequently visited by a large number of people, including youngsters. The defendants (Harwood) had a two-horse delivery vehicle that was left on the same street without its driver. During this time, two boys had thrown a stone at one of the horses without anyone interfering.The horses rested for a Long time until they arrived in front of the police station, where the plaintiff was in the cellar. The driver had tied a chain to one of the van's wheels, which then broke. When the police officer saw what was happening, he saw women and children in great danger, and to protect them, he took the horse offside and tried to stop both horses. The King's Bench was found in favor of the plaintiff. The defendants appealed to the court. Thomas John Haynes (Plaintiff) versus G. Harwood & Sons (Defendant) Procedural History The present cas

How to Name Legal Professionals in India And England?

  How to Name Legal Professionals in India And England? By Nemi Bhavsar Advocates & Lawyers in India: In India, the phrases lawyers and advocates are used interchangeably to refer to legal practitioners. In general usage, there is no bar with using these terms interchangeably. Lawyer : A lawyer is a person who practices or studies law, according to the definition. Lawyers in India are graduates who have completed law school but have not yet registered with the Bar Council of India. Advocate: An advocate in India is a professional who has finished a law degree and passed the All India Bar Council's license examination. "Advocate" is defined under Section 2(1)(a) of the Advocates Act 1961. The term "Advocate" is defined under the Act as "any advocate listed in any roll under the Advocate Act 1961. Unless otherwise barred by a statute, the Advocates/lawyers enrolled at the bar can Practice different streams of laws: The corporate lawyers usually practice i

CAIRN ENERGY V. INDIA

                              CAIRN ENERGY V. INDIA  The Cairn – I T (Income Tax) Department dispute stems from the much debated retrospective taxation issues.  There were matters of violation of Article 20 Clause 1 of the Indian Constitution. Article 20 Clause 1 talks about Ex- Post Facto Law. This means that a person can neither be punished for any offence which was at the time of commission not charged as an offence nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.                      However, this principle was applicable only for Criminal offences. It was no where mentioned that a retrospective law can be made or not for a civil offence. Taxation comes under Civil Offence and therefore made the retrospective taxation a debating issue.  Background of Cairn India dispute  In 2014, Indian tax authorities started questioning Cairn group about its 2006-07 internal reorganizations which a

What are copyright laws?

  What are copyright laws?  By swatee shukla Copyright is a set of exclusive rights granted to the author or creator of original work, including the right to copy, distribute and adapt the work. The copyright law aims to strike a balance between the rights of the author and the public by proving the author with the sole rights over his work and then proving for the work to lapse into the public domain after a specific period of time. Copyrights are generally exercised over the subjects of literary work; dramatic work; musical works; artistic works; cinematographic films; sound recordings. The modern form of copyright law first took shape in Europe, where governments attempted to regulate the output of printers.  The copyright act, of 1957 provides copyright protection in India. It confers copyright protection on the economic and moral rights of the author’s work. The economic rights refer to the rights in respect to literary, dramatic, and musical work, to reproduce the work in any mat

What is the difference between Theft, and criminal misappropriation of property?

  What is the difference between Theft, and criminal misappropriation of property? BY SWATEE SHUKLA In theft, the property is moved without the consent or knowledge of the owner whereas, in criminal misappropriation, the offence is said to be committed when the property is converted or misappropriated with a dishonest intention for the offender’s own use.  There are some necessary ingredients to constitute the offense of theft. There should be a dishonest intention to take property and the property must be movable to constitute an act as theft. Other necessary ingredients are the property should be moved to be taken out of the possession of the persons who possess it and such property should be taken without the consent of the person who possesses it.  The intention is an important criterion to constitute any crime. Criminal liability can’t be established without guilty intention is known as mens rea. In case of theft dishonest intention to take property is necessary. Another necessary

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  Inquest Report under Section CrPC By Shreya Verma Meaning : Inquest, as per Black’s Law Dictionary means, “an inquiry conducted by the medical officers or sometimes with the help of a jury into the manner of death of a person, who has died under suspicious circumstances or has died in prison.” Inquest is a judicial enquiry held to determine circumstances surrounding death and inquest report is a report which determines the apparent (as actual cause is determined after post mortem) cause of death. Section 174 of the Code of Criminal Procedure, 1973 deals with inquest report, which empowers a Police officer to enquire and report on cases of unnatural death. Unnatural death as defined under section 174 includes the cases when:  A person has committed suicide;  A person has been killed by another;  A person has been killed by an animal;  A person has been killed by machinery;  A person has been killed by an accident;  A person has died under such circumstances which raise a reasonable s