Questions tagged [india]

For questions specific to Indian law.

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Is it legal to produce GI tagged products without using the tag outside the tagged region

A Geographic Indication (GI) tag gives exclusive rights to use a particular name/tag to certain people/region regarding a product. Does this mean it is still legal for other people/regions to produce ...
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-3 votes
0 answers
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Is it effective to only sign a non-disclosure agreement with a subsidiary of the holding company?

Does signing a non-disclosure agreement with the holding company cover all of the subsidiaries or does one have to sign a confidentiality agreement with every subsidiary or subcontractor that is a ...
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Legal heir of my deceased unmarried uncle

My dad and my uncle are the only 2 children of my grand parents. My uncle and my dad passed away before few years. Me, my sister and my mother are the legal heirs of my dad. My uncle was unmarried . ...
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-1 votes
1 answer
47 views

India immigration law: Does religious freedom provide an excuse to overstay a visa?

If a person overstays their tourist visa in India while staying with a guru in an ashram, can they be excused without penalty when they exit?
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can a Private limited company in India be converted into NGO/section8 company?

In recent times Cloudflare converted into a non-profitable organization even though it has lots of paid and unpaid services, but it was located outside India but provides service in India. Cloudflare ...
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1 vote
0 answers
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as ipc 497 act is struck down -- an married woman file a divorce based on fundamental right 'right to choose'?

Supreme Court of India struck down IPC 497 act A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates women’s right to equality and treats them like the property of ...
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1 answer
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Why hasn't Vijay Mallya been extradited yet?

Vijay Mallya is an Indian businessman at present fighting extradition from the UK. Mallya, who owes 17 Indian banks an estimated Rs 9,000 crore. Mallya inherited UB Spirits, known for the Kingfisher ...
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2 votes
1 answer
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Is justifying communal violence not illegal?

India, unfortunately, has a history of communal violences mostly between two largest religious communities. Violence due to separatism, casteism, terrorism etc also have similar histories. There are ...
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is it necessary for India to have a war crimes act to prosecute war criminals in India too?

Many EU nations have a war crimes act in their countries to prosecute e g. Germany and the UK. war crime act 1991 war crime act in india Section 120A and 120B of IPC,1860 says that when two or more ...
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2 votes
1 answer
34 views

In what jurisdictions is the severability clause redundant to add in a contract?

The common jurisdictions in United States include the states of Delaware, New York. Is it necessary to include the severability clause in those states? In a country such as South Africa, India, or ...
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2 answers
158 views

Is it legal to develop a cipher breaker software?

Is it legal to develop a cipher-breaker software/algorithm? What about it's legality in India?
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1 answer
20 views

What is GST status over Crypto transactions in India?

Even though profit from cryptocurrencies like Bitcoin and Ethereum are taxed at 30%, that is only on converting that into Indian fiat, only then the citizen has to pay the tax of 30% of profits of ...
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1 answer
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Net neutrality in India

I'm confused about laws regarding net neutrality in India. However I found some information on Wikipedia article on Net neutrality in India Few excerpts from this article — At present, there are no ...
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1 vote
1 answer
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Starting a new religion in India

Context Indian constitution provides fundamental right to freedom of religion (Article 25,26,27,28 among others). India is country with secular constitution. However many personal laws regarding ...
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Is there any law in India that mandates address to be published for websites that do business, specially online transactions?

Is there any law that mandates that a physical address to be published for the operators of websites that do business, particularly online transactions? There are laws that mandate a physical address ...
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0 answers
19 views

Which company should I choose while filing a consumer court case against Poco India?

I am filing a consumer grievance case against Poco India for dishonouring warranty claims on the official govt website: https://consumerhelpline.gov.in/user/register-complaint.php Originally, Poco was ...
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2 votes
1 answer
54 views

How does a court infer marriage in India?

Since in India marriages are not legal contracts, how does a court infer marriage in India? As living together is legal in India without marriage, having a biological child cannot be the proof of ...
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10 votes
1 answer
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Can hospitals run by trusts discriminate based on religion in India

Suppose there's a hospital run by any trust. It gives free medicines to patients belonging to a particular religion and other patients have to pay for their medicines. However, India is a secular ...
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Ola and Uber charging too much?

Uber and Ola takes a 20% cut from the total fare. Is this legally too much? What percent cut is good to take from the driver for connecting them with people legally and ethically? Refer: Indian limits ...
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5 votes
2 answers
1k views

Challenges of being an atheist in India

India is a country with secular polity with right to religious freedom but a highly religious society. This might be affecting laws and policies of the governments. The stratification in and the ...
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20 votes
5 answers
8k views

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

Background I've been through the Windows 8.1 EULA and the EULA for computer manufacturers. I've also seen this question where an answer says that Windows is sold as a software service. The EULA states ...
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2 votes
1 answer
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What, if any, is the tolerance built into speed limits in India?

Jurisdiction: India Legislation: Central Motor Vehicles Act Sub-jurisdiction: Maharashtra Legislation: Mumbai Motor Vehicles Act Speed limits in India are according to the referenced article below. In ...
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1 answer
69 views

Tort: Parental negligence in leaving a child unattended in a car

A layman, I'm looking at educating myself with the basics of law. Jurisdiction: India Relevant Law: Perhaps None Applicable. I may be wrong. This content I have writes to present a legal principle ...
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2 votes
1 answer
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How is a notarized document different from a document with the District Registrar/sub-registrar?

Jurisdiction: India Relevant Law/Statute: ? Here in India a document may be notarized by a Notary Public, or it may be registered (if it falls under certain types ) by the District Registrar subject ...
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1 vote
1 answer
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Digital asset tax in India

There is a new tax that has been deployed based on the 2022-2023 budget on digital assets and reselling digital assets in India. For example if X person purchases software say MySQL commercial edition ...
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1 vote
1 answer
27 views

When will the National Education Policy 2020 (India) be implemented?

What is the implementation status of National Education Policy 2020 of India? Has the implementation been started? And, does this policy have any implementation differences in various boards like ...
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1 vote
1 answer
180 views

Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?

Here is Section 112 in The Indian Evidence Act, 1872. Central Government Act Section 112 in The Indian Evidence Act, 1872 112. Birth during marriage, conclusive proof of legitimacy.—The fact that any ...
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1 vote
2 answers
208 views

A beggar forced me to give money

Backstory: A beggar beat (very hard) the gate of my room (a rental room in a residential building). I opened the gate and refused to give money. When I tried to close the door they forcefully entered ...
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0 answers
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Consumer Protection act India 2019 and damaged good return replacement and refund

Is there any clause in the consumer protection act 2019, which protects if the delivered product was delivered and defective, but the e-commerce company denied exchange or return? Also, There was a 7-...
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0 votes
1 answer
60 views

Replacement approved under warranty, but could not get replaced due to pandemic and now company says out of warranty

Assume a defective electrical product was under warranty, and as the supplier couldn't repair it they approved its exchange. However due to pandemic, the supplier was unable to procure the same ...
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1 vote
0 answers
34 views

Is it possible to relinquish the inheritance rights in India before death of the parents?

In the case when a parent dies(P1), usually the property is bequeathed to their close family (wife(W) and children(C1, C2, C3)). Is it possible to relinquish the right to the property that should be ...
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1 vote
1 answer
38 views

How do I transfer copyright ownership in India?

Suppose I have a friend who wants to transfer ownership of a piece of their artwork to me. What is the simplest way that my friend can do so? Assume that we both live in India.
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2 votes
1 answer
92 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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0 votes
1 answer
101 views

If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?

This is in relation to the Aryan Khan's Case in which one of the witness claims his signature was taken on a blank paper and he was not aware of what was going to be written on it. He signed it ...
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2 votes
1 answer
45 views

Is there a law in India that determines the punishment on the basis of quantity of narcotic drugs possessed by a person?

Suppose a person was found with 1kg of a narcotic drugs and another person with say 1000kgs does the punishment for the crime differ for both the people accused?
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2 votes
1 answer
72 views

What happened non-delegation of fiduciary duty?

I've read several phrases; they seem to have similar intent but translate somewhat differently: at common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves. ...
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-2 votes
1 answer
71 views

Termination from academic program when I was unable to pay the fee and write the exam because i was being Covid +ve [closed]

I'm a student of IIT Dhanbad from India, I was terminated from the academic program because I was unable to pay the fee and write the exam. The payment date was 1-7 April and the exam date was 19-24 ...
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0 votes
1 answer
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Does the Bar Council of India enroll candidates who passed 10+2 with vocational subjects?

As a vocational student in 10+2 (I.T CBSE), I want to pursue BA LLB. Is there any problems for vocational students, who have passed their 12th, to enroll in Bar council of India? Do I meet the ...
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14 votes
2 answers
2k views

Failing to renounce Indian citizenship

Indians are required to renounce their Indian citizenship after obtaining another citizenship. What happens if someone doesn't do so? I mean if my Indian passport has anyhow expired, and I never ever ...
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1 vote
0 answers
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Legal and practical ways to deal with noisy neighbours in India [duplicate]

Consider some neighbours who play very loud music on routine basis and occassionally organise party with even more noise. What are legal ways to deal with them and what are my rights in this case? ...
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1 vote
1 answer
27 views

Information about Indian court cases available online

Based on my experience searching for information about Indian court cases online, the only information that is available online for a case is the Court Judgment. This is the document authored by a ...
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4 votes
1 answer
86 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) ...
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1 vote
2 answers
94 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 ...
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3 votes
1 answer
107 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 ...
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2 votes
2 answers
95 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 ...
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0 votes
0 answers
15 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 ...
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4 votes
1 answer
73 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?
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1 vote
1 answer
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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 ...
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1 vote
0 answers
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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 ...
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17 votes
1 answer
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,...
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