All Law Information Guide

About The Case Mohori Bibee V/S Dharmodas Ghose is a case that covers the ambit of minors agreement. This case basically deals with a minor's contract or a contract with a minor. In India, an agreement or a contract with a minor ( a person who is below the age of 18 yrs. or any person who has not completed 18 yrs. to 21 yrs.), is said to be void and incapable of being enforced. Whenever the question of performance arises in relation to this agreement, it is left entirely to the court's discretion to decide whether the minor should be held bound by its terms or not. Mohori Bibee V/S Dharmodas Ghose case is an important judicial treatise in India. It covers the ambit of minors’ agreement. This case basically deals with a minor's contract or a contract with a minor. In India, an agreement or a contract with a minor ( a person who is below the age of 18 yrs. or any person who has not completed 18 yrs.) can be either verbal or written agreement and it is regarded that such per...

  On 22 August 2017, the Supreme Court took a landmark decision on the constitutional validity of “Talaq-e-Biddat” popularly known as “ Triple Talaq ” which is one of the three males initiated divorce in the Muslim community, the other two being “Talaq has an” and “Talaq hasan”. As the name suggests in this form of divorce, where a Muslim man can instantly divorce his wife after repeating the word “talaq” in one sitting, without any state intervention. Here the means of communication could be in any form i.e written, oral, or even electronic, which further enhances a woman’s vulnerability in this arbitrary and unilateral divorce1. This controversial custom given that it is an intersection between gender identity and community has unsurprisingly left Muslim women prone to abuse and in a morbid state, especially given the socio-economic aspect where most of the women are financially dependent on their spouse and the added fear of this whimsical divorce leaves many cases of marital ab...

  What is Common Cause Case The Supreme Court of India has recommended that advance medical directives be legally valid. The Apex Court ruled in the landmark case Common Cause vs Union of India and others that a person of competent mental faculty is entitled to execute an advance medical directive. The Indian Supreme Court has affirmed that an adult has the right to make a living will, or an advance medical directive (AMD), in certain circumstances. In the case of Common Cause vs. Union of India & Others, the court directed that a person of sound mind should be entitled to execute a valid AMD for the sake of self-determination. Important Judgment of the Supreme Court On the 9th March 2018, the Supreme Court gave a landmark verdict making the way for passive euthanasia, which is also described as Physician-Assisted Suicide (PAS). The Court reiterated that the right to die with dignity is a fundamental right, as already held by its constitutional bench in Gian Kaur case earlier, ...

  The Companies Act 2013 is an Act of the Parliament of India on Indian company law which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company. The new provisions include various changes like making directors liable for misrepresentation, provision for averaging of losses for certain companies, mandating disclosure of financial statements through Registry or Stock Exchange, stronger punishment for failure to file annual returns, and applicable penalties. The Companies Act 2013, An Act to consolidate and amend the law relating to companies. This act is applicable for the whole of India except Jammu & Kashmir. The States of Jammu & Kashmir, Himachal Pradesh, Uttarakhand, and New Delhi have got their own separate acts. The functions of the Central Government in relation to the incorporation and regulation of companies under this act have been delegated to UCO Bank and some other financial institutions on a contract basis, who...

  CASE NAME: K.S. PUTTASWAMY (RETD) V. UNION OF INDIA (AADHAAR JUDGEMENT) WRIT PETITION (CIVIL) NO. 494 OF 2012. PETITIONER NAME : K.S. PUTTASWAMY (RETD). RESPONDENT NAME : UNION OF INDIA. DECIDED ON : 24TH AUGUST 2017. CITATION : 2017 10 S.C.C. 1. This article discusses Justice K. S. Puttaswamy (Retd.) And Anr. vs Union Of India And Ors, which is a landmark decision of the Supreme Court of India that constitutes the terrain for understanding the inter-relationship between the fundamental rights of the Indian Constitution and privacy. Article 14 of the Constitution of India In November 2017, a nine-judge bench of the Supreme Court unanimously decided that the right to privacy is a fundamental right of every person in the country under the Indian Constitution under Articles 14, 19, and 21. The court drew on past judgments, where the judiciary had carved out a limited right to privacy from within other rights like personal liberty (Article 21) and freedom of speech and expression (...

The Protection of Children from Sexual Offences Act or POCSO is a comprehensive act that protects children from offenses of sexual abuse, sexual harassment, and pornography, etc. This act includes child-friendly mechanisms for reporting, recording of evidence, investigation, and speedy trial of offenses through designated Special Courts. There is a need to make special provisions for the protection of children in a manner that is sensitive to their vulnerabilities. The Protection of Children from Sexual Offences Act addresses this by creating a reporting mechanism and provision for psychosocial counseling and rehabilitation, apart from ensuring a speedy trial through designated Special Courts and awarding fast-track courts the power to decide cases in sitting and passing appropriate orders/judgments as expeditiously as possible. Punishment for Penetrative Sexual Assault Section 6 of the POCSO Act lays down that whoever commits aggravated penetrative sexual assault shall be punished wit...