Questions tagged [india]

For questions specific to Indian law.

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3
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 ...
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 ...
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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 ...
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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
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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 ...
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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
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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 ...
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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
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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
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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?
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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 ...
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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
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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
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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
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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
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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
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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
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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
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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 ...
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 ...

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