Questions tagged [india]
For questions specific to Indian law.
201
questions
2
votes
1answer
77 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
914 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
82 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
127 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
176 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
500 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
83 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
71 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
53 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
112 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 ...
3
votes
1answer
105 views
Who is responsible for comments on YouTube?
Who is responsible for comments which are posted on YouTube? The channel, YouTube or the poster? I am refering to defamation and copyright suits in India. As both YouTube and the video uploader ...
3
votes
1answer
81 views
Length of a contract limited or not?
Is there any limit to the length of a contract ? Can someone sign a 10000 page long contract that would basically take years to interpret with some repeating but relevant clauses .
Example : a ...
0
votes
0answers
20 views
Does bankruptcy cover arrears of land revenue if act provides for punishing operators?
If an Indian law provides that if a company is held liable every person responsible to the company for its management will be held liable (those who showed negligence and or were involved ) and that ...
1
vote
2answers
68 views
If someone does not comply with law because of lack of rescources or lack of ability?
If a person in general is required to do a complete task A or a bussiness is required to provide a service to its customers under the law . There is no specific law being refered to but all this is ...
0
votes
2answers
83 views
Are there any laws preventing overuse of rights?
As cited here in Do Indian companies need a written letter before registering a user?
there seems to be a requirement for companies to appoint a grievance officer to handle grievances of users and ...
0
votes
1answer
98 views
Do Indian companies need a written letter before registering a user?
The first link act here leads to a PDF where it seems the honourable authorities have prescribed letter consent for processing sensitive personal information like passwords . Now every account should ...
1
vote
1answer
73 views
Are businesses required to respond under CCPA even if the person is spamming?
If someone from a network of an user is conducting a DDOS attack on a website they will probably block the network. If the user spams a business's server they may be blocked from the email of the ...
0
votes
1answer
70 views
Youtube made for kids
Youtube allows youtubers to mark videos as made for kids. There the United States COPPA is cited The age of a kid here is thirteen . In U.K. it is 16 and some country it may be else if they wish to ...
0
votes
0answers
53 views
Which countries' judgments do Indian courts recognize?
Which countries' judgements are recognized in India ? Will they still be enforced by Indian courts if defendant is able to prove that it is unreasonable or economically infeasible to follow these ...
1
vote
2answers
42 views
How does international income taxes work when the buying intermediary platform is in the United States and recipient corporation's country is India?
The question is a bit broad.
Assume a person A buys something in Europe. This is a digital product which is sold through a platform provided by an American company. After sales are made the final ...
3
votes
2answers
1k views
How are corporations imprisoned?
If a corporation is criminally charged while handling privacy data wrongly (assume such a law exists if it does not) in India who is liable? Is it the chairman, deparment of privacy, employees ...
1
vote
1answer
132 views
Is it legal to make a 3D model of a person without their consent?
These would be 3D models of celebrities, famous people etc. Do I need consent for this?
https://www.turbosquid.com/Search/3D-Models/trump
Country - India
0
votes
1answer
134 views
Is the no shop agreement before joining a company is legal?
I have been interviewed and selected by a company , let's name it "XYZ Consultant". I accepted the job offer from them. They asked me to accept a "No-Shop Agreement" over email ...
0
votes
1answer
108 views
Child naming in India - is it regulated
My question has two parts regarding with the -
Regulation of First and/or Middle name
Regulation of Last name
First question might not be tricky but for second question there could be some ...
1
vote
1answer
51 views
Is online lottery legal in India?
Is a person from Noida, Uttar Pradesh, India allowed to play an online lottery? I know playing the lottery is banned in Uttar Pradesh, India, but what about playing the online lottery of other states ...
4
votes
1answer
1k views
Are Indian police allowed by law to slap citizens?
I have seen a few instances where the Indian police slap citizens as a fast punishment. Is that explicitly allowed by law, or just tolerated in practice?
1
vote
2answers
69 views
Can we issue a certificate of employement for someone if our company is not legally registered? [closed]
I was a co-founder in my friend's startup for 6 months in India. It was something out of passion, not about money. So, the Company wasn't registered legally, all 10 of us were volunteering our ...
1
vote
1answer
74 views
Is using proxies to circumvent rate limit to scrape data legal?
Im under the Indian jurisprudence and this is what the Indian Information Act of 2000/66F says on the matter,
Indian Information Act 2000/66F
Punishment for cyber terrorism.– Whoever,– with intent ...
1
vote
0answers
54 views
Is using proxies to circumvent rate limit to scrape data legal in India?
I'm in India, and this is what the Indian Information Act of 2000/66F says on the matter:
Indian Information Act 2000/66F
Punishment for cyber terrorism.– Whoever,– with intent to threaten the unity, ...
-1
votes
1answer
96 views
If a director of a private limited company in India dies, will their spouse get the profits of the company later?
If I am a director in a private limited company in India with a friend, and I die after some years, will my wife get the profits of the company?
1
vote
1answer
100 views
How is value of intellectual property decided?
This question is with respect to tax law in India(you may also answer with respect to USA).If someone makes a software then popularizes it .The person has invested RS 100000 in making tghe software ...
11
votes
5answers
5k views
Is there any limit to the rate at which court cases can be filed?
Is there a limit to the rate at which a person can file court cases? What if someone purposefully tries to file a court case every minute to disrupt the court? Can that person be punished in India or ...
-1
votes
4answers
161 views
Is it legal for companies to set up parallel courts?
In India is it legal for a company to set up an internal system of law and order where there shall be a chain of courts under the company and a formal code of law?Punishments shall range from denial ...
0
votes
1answer
277 views
How can a person sue oneself?
Either in USA California or in India (choose whichever you like) can a person sue oneself back for damages? Has anyone ever defamed themselves and then sued themselves for defamation?
-2
votes
2answers
141 views
What is the definition of computer virus by law?The definition seems to be broad
According to the Indian IT Act we cannot place computer virus(which includes cookies) without user permission but does that mean we need to take permission even for placing nessecary cookies?
...
4
votes
1answer
141 views
Am I required to provide for my abusive parents' life after I move out?
Background
My mother died 12 years ago when I was 8 years old and my drunkard father (F) married someone else (step-mother, SM) to help him raise me. Past decade has been a disaster for me. I was ...
1
vote
1answer
44 views
Online crime, subpoena, search, and arrest [closed]
Suppose that someone hacks a website, and suppose that the police find what the hacker's IP address was at the time of hack, and they contact the Internet Service Provider to resolve the IP address to ...
1
vote
1answer
55 views
Are students from Government Aided schools eligible for the 7.5% reservation in NEET?
TamilNadu government recently passed a bill that provides a 7.5% reservation for government school students in the NEET medical entrance exam. In TamilNadu, usually government and aided schools are ...
0
votes
1answer
59 views
Constitutional validity of financial regulation of individuals
I am probably simplifying a complex situation, but this is the way I see it. There are several laws in India that govern the financial behavior of individuals - what securities they can buy in foreign ...
1
vote
0answers
45 views
How to make invalid declaration form?
I am planning to leave my company, but my manager forced me to sign the declaration form, the form contains,
I will work part-time
I will update new technology
I will support continuously
I will ...
0
votes
0answers
30 views
About enforcement of Supreme Court decisions?
How are the judgements of the Supreme court of India regarding central and state governments enforced? What's stopping the central government to go its own way than listen to a few dozen judges? Is it ...
0
votes
1answer
76 views
“Minimum legal distance” between neighbor's property line and a plant of woody trees
As we know that trees are essential everywhere but they sometimes cause nuisances as well when not properly planted or maintained.
Keeping this in mind, has there been made any law that describes the ...
0
votes
0answers
51 views
Is it okay not to refund token money?
Last week we had a verbal commitment with our prospective buyer regarding our 3BHK apartment in Bangalore and we were happy that they were interested to buy our house. We did not took any token money ...
0
votes
1answer
51 views
Order status Cancelled on the merchant website considered as relevant proof with legal common sense
An e-commerce order was returned back to the merchant, but they didn't give me reciept, a practice common in Indian e-eCommerce.
But on the merchants website now the order is marked as cancelled. In ...
0
votes
1answer
60 views
Who is a minority in India?
I went through this Wikipedia page wikipedia.org/wiki/Ministry_of_Minority_Affairs. It says
minority religious communities in India, which include Muslims, Sikhs, Christians, Buddhists, Zoroastrians (...
-1
votes
1answer
76 views
Who will get the possession of the property in this case? [closed]
Two children are fighting over the possession of a flute.
A has made the flute
B is simply very poor and has no other
toys to play.
In this case, who will get the possession of the flute - A or B?
...
2
votes
1answer
98 views
Contempt of Court Outside of the Court
Recently the following case has been catching eyeballs where Prashant Bhushan a Lawyer in the Supreme Court has been accused of Contempt of Court by making certain tweets. The Supreme Court has held ...
1
vote
0answers
42 views
Is the (Indian) Divorce Act, 1869 applicable for all religions, or is it applicable only to Christians?
As you can see in the preliminary of this (Indian) Divorce Act of 1869 here, it talks about the extent of Act in point 2 of preliminary. I understand that according to that point, the Court can grant ...
-1
votes
1answer
33 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. ...
2
votes
2answers
88 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 ...
