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. ...

Legal Citation The  Guide to Legal Citation explains legal citation formats for all types of legal documents in a clear, pedagogically sound manner. The Guide’s plain language, numerous examples, and clear, integrated structure to explaining the legal system of citation for legal materials is easy for students, professors, practitioners, and judges to understand and use. It was written and vetted by legal writing professors who have decades of experience teaching the citation format. One of the Guide’s fundamental goals is to be a restatement of the rules of citation to make citation easier to teach, easier to learn, and easier to do. To that end, it has three distinguishing features. The citations that result from using the Guide are identical to legal citations advanced in other legal citation manuals, but the Guide is written with teaching and learning in mind. The Guide seamlessly integrates the citation rules used in practice-based documents with those used in academic footno...

  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...

As the highest court in India, the Supreme Court’s judgments are binding on all other courts in the country. It serves both as the final court of appeals and final interpreter of the Constitution. Owing to these vast powers, many including Attorney General K.K. Venugopal have labelled it among the most powerful courts in the world. Its authority stems from the Constitution of India. Supreme Court History The Federal Court of India was created as per the Government of India Act 1935. This court settled disputes between provinces and federal states and heard appeals against judgements of the high courts. After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which came into being in January 1950. The Constitution of 1950 envisaged a Supreme Court with one Chief Justice and 7 puisne Judges. The number of SC judges was increased by the Parliament and currently, there are 34 judges including the Chief Justice of 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 ...