Questions tagged [india]

For questions specific to Indian law.

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24 views

Who has the jurisdiction over sushant singh case?

Sushant Singh was found to be dead in Mumbai. But after 1.5 months his dad filed an FIR in Patna now Mumbai police is asking to transfer the FIR in mumbai and let mumbai police investigate this issue. ...
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18 views

Therapist-Client Confidentiality and Limits

Is the Therapist-Client confidentiality valid even after the passing away of the client? Also if not what repercussions could a Therapist face for revealing such details after the said person had ...
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15 views

What are the conditions for a police to lodge an FIR?

It's been more than 1.5 months since the alleged suicide case of Actor Sushant Singh Rajput but Mumbai police haven't filed FIR. What can be the possible reason behind this? Even if it's a suicide ...
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52 views

Would it be illegal to Brute force to gather the information that is available publicly on a govt. website?

The results for my class were announced and released on a website. To check my result I have to enter two things My Roll Number My Application Number Now I want to see one of my friends' result, and ...
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0answers
22 views

Should a developer from India pay income tax to India for those revenues come from selling apps in the microsoft store?

Consider the scenario. A programmer from India sells apps not directly, but thru Microsoft App Store. Should he pay income tax to India for those revenues deposited from Microsoft? Or will it be ...
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1answer
46 views

How to register a license for a software in India?

I have decided that I want to go ahead with the AGPL license for my software. What is the procedure that one has to go through in India so that the LICENSE holds in court. Will a LICENSE file along ...
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36 views

Are interstate and interdistrict travel restrictions legal?

This is an excerpt from the latest unlockdown (Unlock 2.0) guidelines from the Ministry of Home Affairs, States/UTs, based on their assessment of the situation, may prohibit certain activities ...
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1answer
34 views

How does the legal system operate for dowry death in india?

Some article on dowry death in india. dowry death More than 7,600 women were killed or moved to suicide in 2015 as a result of dowry harassment by their husbands or families-in-law, according to India’...
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1answer
9 views

Rights of Joint administrators of a property

If legal heirs of a joint property have acquired the letter of administration of the joint property, can a single co-owner sell his share (in india)?
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1answer
29 views

how does dispute resolution works in a sandbox [startups in incubation]?

In India's security exchange, central bank and the insurance regulatory body have come up with papers on sandbox regulation. Since the contract is adhesive in nature, how are the arbitration clauses ...
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2answers
61 views

Personal mobile device monitoring by employer legal or not?

So here is my case. I work at a company where I recently came to know that they were monitoring my personal mobile whenever I was connected to the company Wifi. No consent was taken nor was there any ...
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1answer
99 views

Legal issues regarding a recent Amazon purchase

I have purchased a book on Amazon and it was shipped to me. On the front page of the book, it clearly stated: Circulation of this edition outside the Indian subcontinent is UNAUTHORIZED. I live ...
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1answer
21 views

Is a decree of civil court mandatorily required to be executed in common law juridictions?

In short, my question is that are execution proceedings mandatorily required to be concluded before a decree holder may enjoy the fruits of his decree against the judgment debtor OR are execution ...
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1answer
27 views

Will Littering in Private Property be covered under Tort Laws?

Say a person A litters at Private property of person B (maybe his Home) with things that B may find distressful (maybe Cigarette covers or anything similar). So will person A be legally accountable/...
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44 views

Is it true that only people who own properties in Karnataka can make an agreement of sale in Karnataka?

I am planning to purchase a plot in Karnataka. Currently I have no properties in Karnataka and I'm a Keralite. I heard that in order to make an agreement with the plot owner, I need to have some ...
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8 views

Applying for new license plate for vehicle from a different state in India

In India when you change the state you are required to get an No Objection Certificate(NOC) from Regional Transportation Office (RTO) and submit that to the state's RTO where you are moving to, to ...
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30 views

In British India, was abducting a Hindu girl and then marrying her considered legal?

When the Indian Subcontinent used to be a British Colony, was it legal for a Hindu man to abduct a girl and marry her? I think the British applied different laws to followers of different religions so ...
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54 views

Is a mobile charger considered an 'Essential' thing?

In this quarantine in India, we are not allowed to use e-commerce for non-essential goods. Amazon sells mobile chargers in our country. Is mobile charger an essential good? Can we use Amazon to buy ...
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5 views

Having problem in grasping a feature of Directive Principle of State Policy

I am reading 'Indian Polity' by M Laxmikanth, chapter on 'Directive Principles of State Policy'. Please explain the following Stanza with help of an example "The Supreme court has ruled many a times ...
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1answer
116 views

Is it legal to retain citizen passport?

I applied for Thai visa in India, when Indian lockdown was started, visa center stopped operating. But they still didn't return my passport to me. They are saying " it is impossible because we are ...
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2answers
70 views

Implementation or enforcement: which is required by law by the governments concerned?

In this q/a site and also in other q/a site of stack exchange networks, numerous questions are asked and answered. If these questions and answers are found to be legally binding, do the governments ...
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1answer
65 views

Is it legal for India to deny entry to Indian Citizens?

The Indian Government has imposed complete lockdown of ALL inbound passengers including Indian Citizens. It has plenty of confusing wording but it says specifically iii) As such, no incoming ...
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1answer
89 views

The employer is refusing to pay the full salary

I did some freelance work for one India based organization. There is one contract signed by me accepting all their terms and conditions (it was printed on a plain A4 sheet of paper). From start till ...
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1answer
56 views

Void marriage petetion

Marsh married to suleka on 3rd Jan and this is a arranged marriage and it was forced family marriage for marsh. Again on next Feb Marsh registered perry who's his lover and both have forged witness ...
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1answer
53 views

Can US born minor obtain Indian citizenship by registration?

If a US born baby to Indian citizen parents, did not register by birth/descent at Indian mission, however opts for US passport. Now if parents and US born baby with US passport return to India, can ...
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21 views

Can an employee without DIN registration hold 'Associate Director' job title, as per Indian Companies Act?

If I have a Pvt. Ltd. companies in India, and I want to promote one of my managers with the title 'Associate Director of a Dept.', can I do that without DIN and DSC registration. I just want to ...
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1answer
77 views

Bonds of foreign reputed companies and Army bonds

Do the functioning of Bonds cease after the date of maturity of the bonds? In what respects Army bonds differ from Bonds of foreign companies operating in INDIA? if ...
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40 views

Is it legal for a school organization to withold honorarium?

A relative of mine works at a high school run by a private organization. She is given the additional responsibility of managing a laboratory directly funded by the government under one of its policies,...
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1answer
87 views

How is responsibility fixed in a matter of mobile phone misuse, when multiple persons have been using the device?

This question involves a situation where somebody might possibly be misusing a relative's mobile phone to discreetly engage in some questionable online activity. Sharing of mobile devices is still ...
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20 views

Can a spouse get an Indian visa & OCI for a US-born child from an EU country, if the husband is in India?

I have heard both parents need to be present in same country for applying minor's Indian visa, with only exception of death or divorce. Note that - Father is not in the same country as Mother. ...
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1answer
35 views

Am I able to use textbook questions, for commercial purpose in India?

There is a demand for solutions of textbook questions, whose solution manuals are not available online. Let's say I want to start a business creating banks of answers to the questions in these ...
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61 views

Citizenship Amendment Act(CAA) is unsecular? (currently trending in india)

India considers themself a secular nation. It amended the Citizenship Act of 1955 by providing a path to Indian citizenship for members of Hindu, Sikh, Buddhist, Jain, Parsi, and Christian ...
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1answer
52 views

Is statement of objectives of a bill considered part of the law?

I want know if the law is just the clauses and sections of the constitution or does it also expand to the statement of objectives of a bill as well. I am asking this with regard to the recent unrest ...
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45 views

Was homosexuality still illegal in Jammu and Kashmir when 377 was updated due to 370?

When Indian updated 377 and decriminalised the homosexuality that time Jammu and Kashmir still had 370. Does 370 stop decriminalising of homosexuality in the state? Now 370 has been removed in a most ...
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1answer
85 views

What is the legality of an lawsuit filed against a foreign national in California

There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...
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1answer
118 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
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3answers
93 views

Can a state stop implementation of a bill passed in the parliament?

Yesterday Indian parliament passed citizenship amendment bill which seeks to provide citizenship to religious minorities which have to come to India before Dec 2014 as a refugee due to their ...
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1answer
85 views

Can I get sued for copying a 1973 Swedish film?

I am a newbie novelist and in my novel, I have copied a small part from the 1973 Swedish film Scenes from a Marriage. I am from India and the film is Swedish. I want to ask, is the film in public ...
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1answer
95 views

What can I do if the tenant has vacated the apartment but didn't pay last month bill for electricity?

I have an apartment which I gave to 3 students on rent. This month they vacated the apartment without paying the last month electricity bill. I have no written agreement but did police verification. ...
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1answer
46 views

What are the chances of legal issues on self-acquired property transferred to grandsons based on will execution?

Say a grandfather has written a will that his self acquired property goes to his grand sons after his death, and will has been executed after his death and now property transferred on to his grandsons....
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21 views

What are my options to ensure equity in the yet-to-be-registered company, I am freelancing for?

To begin with, I am a college student and I don't have much understanding of the law in US and of India, of which I am a citizen. Now, I have been approached by X, who is going to start a company Y. ...
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2answers
213 views

Is it legal if I ram a drone into another drone?

I am aware that I'm not allowed to shoot at someone's drone. However, what happens if my drone crashes into another drone? Is it treated like a car crash? What is the fastest and most efficient way to ...
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1answer
71 views

Witnessing a will

I am living in Punjab. My father has made a will favoring his property in my name. The will is on a simple paper. Will has two witnesses . One is his wife I.e. my mother. She is not a beneficiary In ...
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1answer
19 views

Is it possible word a contract such that it brings in all the features of registering a company?

I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts,...
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41 views

Legal action against man beating his wife in public

I have often seen men in Mumbai, India beat up their wives in autorickshaws / at bus stops / on pavements quarrelling over some issue. At first my instinct wants to confront the man but I hold back ...
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1answer
88 views

Is the Muslim Women (Protection of Rights on Marriage) Act violative of fundamental rights?

On July 31, 2019, Government of India published the concerned Act in its official gazette. Article 4 in the Act has penal provisions which turns the act of declaring instantaneous unilateral divorce ...
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67 views

Is it legal to work for an US company online on an F1 visa?

During my undergraduate years in India (as an Indian national), I used to work part time (~15-17 hours a week) for a certain company which is based in the US. The kind of work I used to do is ...
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1answer
1k views

If a USA citizen marries a foreign citizen who has a kid from a previous marriage [closed]

I have a niece who is divorced and we want her to get rehabilitated and one possibility is that she may marry a USA citizen. She has a 11-year-old son from a previous marriage. I looked in Google ...
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0answers
31 views

Triple Talaq Bill introduced in Indian Parliament

From an article in a leading newspaper: Mr. Shashi Tharoor said he was against triple talaq, already voided by the Supreme Court, but opposed the Bill as it conflated civil and criminal laws. How ...
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2answers
193 views

Can a private school refuse admission despite the student having the requisite cut-off?

My brother is being refused admission to a school that I attended for 9 years. This is because when I was in school, the teachers traumatised me and we complained about it in a feedback form. The ...