Questions tagged [india]
For questions specific to Indian law.
242
questions
3
votes
1answer
74 views
Legal status of pre-natal gender screening by Indians outside India
India has banned pre-natal gender screening under the The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Does the said law (or any other law or treaty) ...
1
vote
2answers
85 views
Age of Evidence
Country: India
I know that there is the statute of limitation for getting legal remedy in a case. But what if there is a recent case but the evidence for it belongs to a previous time? e.g., let us ...
3
votes
1answer
71 views
Noise complaint to neighbouring shop
How do I approach to neighboring shop which does carpentry work throughout the day? The local area is in Gujarat and it's not a housing society. It's a kinda lane where many of the local shops are ...
1
vote
2answers
73 views
What are the consequences of having multiple wives as a Hindu in India?
According to the civil code for muslims in Wikipedia, it is found that a man can have multiple wives and there are certain laws for how he act in case of divorce.
a Muslim man is allowed to marry up ...
0
votes
0answers
13 views
Is there a rule or law governing the reissue of or maintaining old invoices by a seller in Republic of India?
The product was purchased on 12th October 2019. There is an order id and order summary on the orders page of the consumer. But the consumer is unable to download or view the receipt due to a false ...
4
votes
1answer
63 views
Is keeping weed/ganja for one time usage (for one person) a crime in India?
Is it illegal to possess an amount equal to a one-time usage for one person?
Is there any specific law for this?
1
vote
1answer
69 views
By what power are High Courts in India able to direct the Centre?
I keep hearing a High Court has directed the Centre to do something. See example. It's a good thing in my opinion. However, the jurisdiction of a High Court as I understand is within that state for ...
1
vote
0answers
64 views
What is the dependence of an individual's religion when applying for an Indian visa?
Recently a decision was made by those concerned in India to make the visa given to Afghan refuges to be independent of religion (Source). The article states that there is a religion based priority for ...
16
votes
1answer
5k views
What motivated the Indian supreme court to legalize homosexuality?
According to the Pew Research Center article Key findings about religion in India, 97% of the Indian population is religious. Now, in all of the popular religions like Hinduism, Christianity and Islam,...
0
votes
2answers
82 views
If extra terms are added to a contract by email, is it considered valid/legal?
This is for a software consulting position for 6 months in India. During the interview, I mentioned to the tech manager that:
I can work only for a limited number of hours per day due to a health ...
1
vote
1answer
117 views
Does use of university servers give them ownership over IP?
I'm currently pursuing my undergrad at an Indian university. I (and a few of my batchmates) have created a website in our free time, for which we intend to apply for a patent. The website was ...
0
votes
0answers
13 views
What does Right of Privacy includes in India?
Is there any Right to Privacy in India? Where is it applicable? Is it applicable for minors too? Can it stop parents from reading their kids' diaries? Or from reading their texts? In which part of the ...
0
votes
0answers
62 views
Leaving Company without notifying anyone
What if the company is not paying me for the last two months, because of that I absconded(leaving the Company without notifying anyone) the company. So there is an issue I will face? I have another ...
-2
votes
1answer
137 views
Can we start a lawsuit against my colleges for having poor quality education during covid19
During covid19 most of the classes are basically shifted to online mode and all the awarded marks are just awarded based on googling skills as colleges have no infrastructure to conduct the courses ...
4
votes
1answer
102 views
Reservation category of people born out of inter-caste marriages
Background
In India there is reservation (for government employment and admissions etc) based on caste and income among other types.
For caste based reservation mainly following categories are there —
...
1
vote
0answers
30 views
Validity of Sec 309 of IPC (criminalization of suicide)
Section 309 of IPC (Indian Penal Code) criminalizes suicide as following —
Whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple ...
0
votes
1answer
57 views
Transit through US for Indian travelers during Covid
An order was passed by the US government restricting travel to the USA, for non-US-citizens who have been physically present in India in the 14 days prior to their arrival in the USA.
This question is ...
2
votes
1answer
60 views
Regulation of P2P lending in India
Regarding the legal aspects of peer-to-peer lending in India, I have two questions—
Whether P2P lending in India is regulated or not?
If it is regulated then what are the related laws/rules and ...
1
vote
0answers
13 views
What are the minimal legal requirements for a US LLC to hire a person as a subcontractor in India?
I have an LLC and am considering outsourcing some data entry work to India. The work itself is very simple, essentially do X tasks, get X dollars.
Assuming I can find a person in India willing to do ...
1
vote
1answer
45 views
How to do a Vehicle Re-Registration (Interstate Transfer) in India?
This question considers only the permanent move of a vehicle from one state to another in India. This earlier question discussed the process of getting the clearance from the originating Regional ...
1
vote
1answer
28 views
What are the rules of transferring the registration of a vehicle from one state to another in India?
When a vehicle is registered in a Regional Transport Office (RTO) in a state in India, one needs to get a No Objection Certificate (NOC) from that office before moving the vehicle permanently out of ...
2
votes
1answer
30 views
What are the intestate succession rules for intellectual estate (literary works) in India?
My father passed away without a will. He has some unpublished books that I'd like to publish. However as a will does not exist, I am not sure how the copyright or ownership of the intellectual ...
0
votes
2answers
117 views
How do I get permission to use a video game character in my book?
So, I am in India and I am writing a novel. I was planning to add a few characters from 2 video games, Bendy from Bendy and The Ink Machine and Sans from Undertale. I am not writing fanfiction and ...
0
votes
2answers
42 views
Is sole proprietorship an option for online education app business?
I don't have much idea about business and legal stuffs. If a person wants to start his/her own online teaching business through his/her own app in the app store that involves real money transactions, ...
1
vote
1answer
120 views
Can the only legal heir refuse to inherit from his/her father in India?
If there is exactly one legal heir for a Hindu person's assets and liabilities and that heir does not want to inherit anything (possibly because there is too debt or complexity) is it possible for the ...
0
votes
0answers
24 views
while going through section 3,MAJORITY ACT 1875 ,i noticed a few hiccups in the illustrations.could someone clarify whether it 's a mistake?
firstly it stated that :
Section 3 in The Indian Majority Act, 1875
3. 8 Age of majority of persons domiciled in India.-
(1) Every person domiciled in India shall attain the age of majority on his ...
1
vote
1answer
28 views
Does a testator have the power to deny challenge?
Jurisdiction: India
Legislation: Hindu Succession Act
Where a will mandates any beneficiary challenging it stands to forfeit certain provisions made for that beneficiary, is the forfeit clause good in ...
0
votes
0answers
52 views
Can a granddaughter claim her grandfather's property after both her father and grandfather have died according to Muslim law?
F had three sons: A, B and C.
A died. 20 years later F died, followed by the death of A's wife leaving a surviving daughter.
Following the death of F, his property transferred to the two surviving ...
1
vote
1answer
45 views
Can a writ of mandamus be filed in any Indian High Court?
I am planning to file a writ of mandamus in an Indian High Court against a Government statutory body. Can it be filed in any High Court or is it necessary to file it in a specific High Court within ...
1
vote
1answer
77 views
Interim maintenance in case of void marriage
Can a woman in a void marriage claim maintenance under section 24 of the Hindu Marriage Act of India, or has the supreme court of India stated that a woman in that situation may do so in any judgment?
0
votes
2answers
46 views
Indian RPWD-2016: How a person having intellectual disability but not autism is categorised? or an autistic person with not intellectual disability
Indian RPWD-2016 removes the term "Mental retardation", and introduces the term Intellectual disability.
However, this act classifies the term intellectual disability into
Specific learning ...
1
vote
0answers
32 views
India: Can late-diagnosed or adult-diagnosed autistics get a disability certificate?
RPWD-2016, for the first time, recognises "autism spectrum disorder" as a valid disability.
But it says INCLEN test and ISSA scoring are used for disability certification process according ...
0
votes
1answer
72 views
On the mention of secularism in India Constitution
Secularism is the principle of seeking to conduct human affairs based on secular, naturalistic considerations. It is most commonly defined as the separation of religion from civic affairs and the ...
0
votes
2answers
56 views
Internet companies vs Governments
When an internet company (like Twitter, Facebook etc.) does not comply with the rules of the government of a country what are the punitive measures that could be imposed? This in the context where the ...
3
votes
2answers
77 views
Is asking for quantification tantamount to challenging a will?
Jurisdiction: India
Religious Denomination: Hindu
Relevant Legislation: Hindu Succession Act 1956
Following the demise of the testator who followed the commonly accepted Hindu way of life, how much ...
1
vote
2answers
138 views
Can an employer monitor employees off-premises?
Can an employer monitor employees off-premises or during activities not in course of their employment? Can they fix what people can do in their day to day life and activities in any way? For example, ...
2
votes
1answer
61 views
Does a patient's family have any legal rights to know the patient's health and billing information in India?
Background:
My friend was infected with Covid, and after a week he was not able to take breath. We urgently admitted him to a private hospital located in Gujarat, India, for oxygen because of most ...
1
vote
1answer
52 views
Remedy for employee regarding Provident Fund
What are the possible charges an employee can take against an employer regarding Provident Fund - An employee works in a company for a short duration i.e., less than a year. Employee who was able to ...
0
votes
2answers
95 views
Can an operating system make terms for apps that run on it, or can third parties do the same?
This is in continuation to the question here :If an app is built on a GPL Operating System must it also be GPL?
Say a user is using a default calendar app and the operating system provides an inbuit ...
1
vote
0answers
42 views
Consequences of violation of employment contract in India
What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days.
Possibility of allegation from employer is for ...
2
votes
1answer
82 views
Does a residential address get re-classified as commercial if it used to register a one-person-company?
An independent consultant working from home in India wishes to incorporate as a one-person-company to cater to clients who won't contract with individuals. Will his residential address get/have to get ...
8
votes
2answers
922 views
Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?
My question concerns the principle that constitutional courts should not decide what is not strictly necessary for deciding the case at hand. What happens if, say the Supreme Court, made well reasoned ...
1
vote
1answer
88 views
Fighting customer service abuse
Large corporation A has contractual obligations to provide customer service by phone.
By hiring many people to continuously make fake phone calls and jam up the company's phone lines, a third party ...
-2
votes
1answer
131 views
Forced disobedience of the law? [closed]
Assume a person is required to file a return in 5 days (and assume such a law exists). The only way this can be done is online. The person, currently living in a distant village under a legal ...
2
votes
2answers
189 views
Is not recognising a marriage based on gender of one person gender-based discrimination?
If a man A wants to marry B (a woman), their marriage will be recognised and certified by the authorities.
But if he wants to marry C (a man), their marriage will not not certified.
Is it gender-based ...
6
votes
1answer
513 views
Is marriage rejection on the basis of caste a criminal offence?
I am a Brahmin and my girlfriend is Schedule caste, and my parents are denying our marriage because of caste. Will it be considered a criminal offence under Indian caste discrimination law, if any?
2
votes
1answer
91 views
What is the legality of atheist marriage among consanguineous couples in India?
I am preparing an academic report on laws regarding incest in India. Hinduism law and both major schools under Islamic law consider sibling marriage void. A Special Marriage Act was introduced to ...
-3
votes
1answer
76 views
Can a corporation be a minor?
If a law defines a minor as a legal person below (some age) does this mean all corporations not incorporated before (some age) years are minors? If yes who are their guardian?
0
votes
0answers
56 views
Refusal to discharge from a private hospital in New Delhi, India
I will give a background of the situation.
70-80 year old is admitted to a hospital due to chest pain... feels fine after a few days... hospital pressurized for a endoscopy... endoscopy causes hole ...
2
votes
1answer
114 views
How deep can IP piracy lawsuits go?
Assume a person, who has a net worth of ₹1 billion; pirates and resells software worth ₹2 billion. A lawsuit is filed against that person and about ₹1 billion can be recovered. Is it possible to ask ...
