Legal Guide

  What is Common Cause Case In 2002, Common Cause, a registered society had written to the Ministries of Law & Justice, Health & Family Welfare, and Company Affairs, also addressing the State Governments, on the issue of the right to die with dignity. Denying them the right to die in a dignified manner extends their suffering. Common Cause VS Union of India Common Cause, an organization that involves itself in various matters of public interest, filed a public interest petition pursuant to Article 32 of the Constitution of India in an effort to bring transparency to the collection of money used by candidates in the process of election. Common Cause argued that Article 324 of Constitution of India coupled with the cumulative effect of three statutory provisions – Section 293A of the Companies Act 1956, Section 13A of the Income-tax Act 1961, and Section 77 of the Representation of People Act 1950 – had the purpose of bringing transparency to the process of election-funding. ...

  The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to shield women from domestic violence. It was brought into power by the Indian government from 26 October 2006. The Act accommodates the first run through in Indian law meaning of “domestic violence”, with this definition being wide and including physical violence, as well as other types of violence, for example, emotional/verbal, sexual, and economic. It is a civil law implied essentially for protection orders and not intended to punish criminally. Domestic Violence Means Causing hurt, injury or danger to life, limb, health, safety or well-being, whether mental or physical. Causing harm, injury, or danger to the woman with an intention to coerce her or any other person related to her to meet any demand for dowry. “Physical abuse" includes hurt of any kind. Assault, criminal intimidation and criminal force. “Sexual abuse" such as conduct of a sexual nature such as forced s...

  The Income-Tax Act The Income tax Act 1961 is the charging statute of Income Tax in India. It provides for levy, administration, collection and recovery of Income Tax. The Government of India brought a draft statute called the "Direct Taxes Code" intended to replace the Income Tax Act,1961 and the Wealth Tax Act, 1957. However the bill was later scrapped. Income tax of India is governed by Entry 82 of the Union List of the Seventh Schedule to the Constitution of India, empowering the central government to tax non-agricultural income; agricultural income is defined in Section 10(1) of the Income-tax Act, 1961. Income-tax law consists of the 1961 act, Income Tax Rules 1962, Notifications and Circulars issued by the Central Board of Direct Taxes (CBDT), annual Finance Acts, and judicial pronouncements by the Supreme and high courts. Tax Benefits Exemption: One need not pay any tax on such income. Interest income on PPF and REC tax-free bonds is fully exempt from tax. Deducti...

Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting. Section 144 is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential to cause trouble or damage to human life or property. Section 144 of CrPC generally prohibits public gathering. Section 144 has been used in the past to impose restrictions as a means to prevent protests that can lead to unrest or riots. The orders to impose Section 144 have been conferred to Executive Magistrate when there is an emergency situation. The definition of ' unlawful assembly ', according to Indian law, is laid down in Section 141 of the Indian Penal Code. According to this section, an assembly of five or more persons becomes unlawful when its purpose i...

The Scheduled Castes and Tribes Act   1989 is an Act of the Parliament of India enacted to prohibit discrimination, prevent atrocities and hate crimes against scheduled castes and scheduled tribes. The Act is popularly known as the SC Act And ST Act, POA, the Prevention of Atrocities Act, or simply the Atrocities Act. It was enacted when the provisions of the existing laws (such as the Protection of Civil Rights Act 1955 and Indian Penal Code) were found to be inadequate to check these crimes (defined as 'atrocities' in the Act). Recognising the continuing gross indignities and offences against Scheduled Castes and Tribes, the Indian Parliament passed the 'Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act 1989. Key features of SC-ST ACT 1989 The key features of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, are: Actions to be treated as offences - The Act outlines actions (by non SCs and STs) against SCs or ...