Posts

Supreme Court transfers to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST on online gaming companies

-
  Today (April 05, 2024), the   Supreme Court (SC)   transferred to itself 27 writ petitions pending in 11 High Courts challenging the imposition of 28% GST (Goods and Services Tax) on online gaming companies. The bench also tagged all these pending petitions with a petition pending in the SC filed by GamesKraft. The matter was heard today by a three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The SC bench posted the matter for hearing in the last week of April 2024. Online gaming companies such as Dream 11, Head Digital Works, and Games 24X7 have also filed petitions before the SC against the imposition of 28% GST on online gaming companies. Earlier on December 15, 2023, the SC refused to pass an interim order against GST demand notices to e-gaming companies and posted the matter for hearing on January 08, 2024. While hearing the matter on January 08, 2024, the top court sought response from the Centre Government on a ba
Post a Comment
Read more

Bharatiya Nyaya Sanhita, 2023

-
Image
  Introduction The Indian Penal Code was the replica of British criminal jurisprudence, designed not to help or protect India but rather to control and punish them. Various Sections of this criminal law were irrelevant in the current scenario because we as a society have evolved in every aspect. The Union Government of India proposed replacing the colonial-era criminal laws by launching a series of amendments aiming to protect the rights of Indian citizens. Three bills were introduced by the Minister of Home Affairs in the Lok Sabha to replace the Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), and the Indian Evidence Act. The bills introduced were the Bharatiya Nyaya Sanhita Bill 2023, Bharatiya Nagarika Suraksha Sanhita Bill 2023, and Bharatiya Sakshya Bill 2023 aimed to replace the IPC 1860, CrPC 1973, and Indian Evidence Act 1872 respectively. While introducing the Bills, Union Minister Amit Shah said, “These three acts, which will be replaced, were made to strength
Post a Comment
Read more

Domestic Violence Act, 2005

-
Image
  Introduction:  Domestic Violence Act, 2005 In societies worldwide, domestic violence stands as an issue that casts a shadow over the well-being of individuals and the progress of communities. It can be defined as a pattern of ‘abusive behavior within intimate relationships’. Our constitution serves as a guardian, protecting our individual rights. Beyond individual suffering, the societal impact of domestic violence undermines the foundations of a healthy and thriving community. This article delves into the legal provisions in India aimed at combating domestic violence, shedding light on the rights of victims and the responsibilities of law enforcement agencies. What is Domestic Violence? Domestic violence refers to one person seeking to gain power and control over another through physical, emotional, sexual, verbal, or economic means. It is a form of violence that occurs within the context of a domestic setting, such as a marital or cohabiting relationship. Domestic violence can mani
Post a Comment
Read more

Kidnapping and Abduction: Key Differences

-
Image
  Introduction Kidnapping and abduction are two terms often used interchangeably to describe the act of taking someone against their will. In this comprehensive article, we aim to provide answers to the fundamental questions, like, What exactly is kidnapping, and how does it differ from abduction? What are the various types and forms that these actions can take? By exploring the definitions, types, and forms of both kidnapping and abduction, we’ll uncover their key differences, offering you a complete understanding of these critical concepts. Kidnapping and Abduction Kidnapping Kidnapping refers to the act of unlawfully seizing and detaining an individual against their will, often with the intent to demand a ransom or exert control over the victim for various reasons. It typically involves the use of force, threat, or deception to capture the victim. Kidnapping is a criminal offence in most jurisdictions and is universally condemned due to its grave impact on the victim’s physical and
Post a Comment
Read more

Legal Rights of Persons with Disabilities in India

-
Image
  Introduction In India, the legal framework for protecting the rights of persons with disabilities has undergone significant transformation over the years. The Rights of Persons with Disabilities Act, 2016 (RPWD Act) is a landmark legislation that aims to promote inclusivity, non-discrimination, and equal opportunities for persons with disabilities. India is a signatory of the United Nations Convention on the Rights of Persons with Disabilities. This Convention imposed a duty on the states, civil society, and private individuals to ensure the protection of the rights of disabled persons. This article provides an in-depth look at the legal rights provided to persons with disabilities in India. What is disability? In general, disability refers to a condition or impairment that may limit a person’s physical, sensory, intellectual, or mental abilities, leading to difficulties in performing everyday activities. Disabilities can be congenital (present at birth) or acquired due to illness, i
Post a Comment
Read more

Legal Considerations for Landlords: Rent Control Act and Eviction Laws in India

-
Image
  Being a landlord in India entails various legal responsibilities and obligations. One crucial aspect that landlords must navigate is the complex landscape of rent control and eviction laws. These laws aim to strike a balance between protecting tenants’ rights and ensuring fair treatment for landlords. This article provides an overview of the legal considerations landlords need to be aware of regarding rent control and eviction laws in India. Also, it answers various questions including ‘Can police be called to evict a tenant?’ and ‘How much can rent increase under the Rent Control Act?’ Rent Control Act and Eviction Laws in India What is Rent? Rent is a periodic payment made by a tenant to a landlord in exchange for the use and occupation of a property. It is typically agreed upon in a lease or rental agreement and can vary based on factors such as location, size, amenities, and market demand. According to  Section 194-I  of the  Income-tax Act, 1961 , the word “rent” is defined as “
Post a Comment
Read more

Non-examination of Investigating Officer : How much Fatal for Prosecution

-
Image
  “Non- examination of Investigating Officer creates a material lacuna in the effort of the prosecution to nail the appellants, thereby creating reasonable doubt in the prosecution case…” It was held by the Supreme Court in a recent judgment,   Munna Lal vs. the State of Uttar Pradesh , delivered on   January 24, 2023 . The practice of non-examining investigating officers has sparked debates and controversies within the legal community. In a criminal trial, the non-examination of the Investigating Officer is a serious lapse on the part of the prosecution agency; therefore, it is essential to understand the consequences of the non-examination of the Investigating Officer. In this article, a brief discussion is made on investigation in a criminal case, the role and duty of the investigating officer, and certain cases that reflect upon the consequences of the non-examination of the Investigating Officer. Non-examination of Investigating Officer Investigation An investigation is a systemat
Post a Comment
Read more