Analyzing Product Liability Under The Consumer Protection Act 2019

The Consumer Protection Act, 2019("2019 Act"), which recently received the Presidential assent on the 9th August 2019 and was published in the Official Gazette for general information,aspires to safeguard the interests of the consumers by introducing provisions which aim at addressing consumer concerns in a timely and effective manner. In the words of Ram Vilas Paswan, Union Minister of...

Cofeposa And Its Peculiarity

The Conservation Of Foreign Exchange And Prevention Of Smuggling Activities Act, 1974 (COFEPOSA), which came into force on December 19, 1974, came at a time when India appeared a heavenly abode for wrongdoers with names like Sukhar Narain Bakhia and Haji Mastan, all based in big cities of the western coast of India, and operating innumerable sorties across the Arabian Sea in their "fleet of...

Explainer : Right Of Hindu Women To Property

Historically, and also ironically, women under Hindu Law were not entitled to any share in the immovable or movable property either as a daughter or as a wife, of their ancestors. However, in some capacities women were given the Right to Inherit property,but the same were only a limited right of enjoyment to the Property.After India became Independent, the Hindu law relating to property...

Rape: When 'Consent' Will Be Vitiated By 'Misconception Of Fact' Arising Out Of Promise To Marry?: SC Explains [Read Judgment]

"The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act."

The Indian Deity: How Law Treats It As A Juristic Person With Perpetual Minority?

In our country, generations have believed in the righteousness of Lord Ram, Allah, playfulness of Lord Krishna, brevity of the Gurus and warmth of Jesus Christ. Religious diversity in India provide a wonderful kaleidoscope of the country's rich social composition, as many religions have originated in the country and few religions of foreign origin have also flourished here. It is...

Judicial History of Article 370: SC Rulings On Jammu & Kashmir Special Status

'Art.1 of the Constitution of India and S.3 of the Jammu & Kashmir Constitution make it clear that India shall be a Union of States, and that the State of Jammu & Kashmir is and shall be an integral part of the Union of India' : SC in SBI v Santosh Gupta (2017).

Parents Beware : Handing Over Vehicle To Your Child Could Land You In Jail Now

The Motor Vehicles Amendment Act 2019, which received the assent of the President on August 9, has included stringent provisions in the principal Act to curb the tendency of children using vehicles. As per the newly inserted Section 199A, where a motor vehicle offence has been committed by a juvenile, the parent or guardian of such juvenile or the owner of the motor vehicle shall be deemed to...

Unlawful Assembly-Trial Of Offence U/s 149 IPC Not Illegal Merely Because Section 141 IPC Was Not Invoked: SC [Read Judgment]

The Supreme Court has observed that as long as the ingredients of unlawful assembly are met, Section 149 of the Indian Penal Code can be invoked and non invocation of Section 141 IPC would not render the trial under Section 149 IPC illegal.Section 149 IPC states that every member of unlawful assembly can be guilty of offence committed in prosecution of common object. Section 141 defines...

Is The Consent Of Accused Required For Taking Blood Samples?

This question has arisen in the context of a road accident which occurred in Thiruvananthapuram during the wee hours of Saturday, which was allegedly caused by Sriram Venkatraman, an IAS officer in the service of Kerala government. K Muhammed Basheer, a journalist, was killed when his bike was hit by a car, which was allegedly driven by the IAS officer. There are reports that the police chose...

Medical Negligence : When Can A Doctor Be Held Liable For Lack Of Expertise?

On a philosophical standpoint we acknowledge error as an essence of life. Through every failure we familiarise something new, but this point of view is not appropriate when error is committed from the part of a professional especially the one who works in the medical domain.Any negligence or error from the part of the doctor that causes some damage to a patient will probably result in...

When Can Writ Courts Interfere In Contract Matters? SC Explains [Read Judgment]

In a judgment delivered in June, the Supreme Court explained the scope of powers of High Courts under Article 226 of the Constitution of India to interfere in contractual matters. The bench comprising Justice Deepak Gupta and Justice Surya Kant, also held that, in all cases challenging the decision of the tendering authority, all the eligible tenderers need not be made parties....

Can Arbitration Clause Be Invoked In A Dispute Arising After Parties Compromise? SC Explains [Read Judgment]

"Since the respondent has raised the plea that the compromise decree is vitiated by fraud, the merits of such a plea could be decided only by the Civil Court upon consideration of the evidence adduced by the parties.”