Questions tagged [india]

For questions specific to Indian law.

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-4
votes
1answer
56 views

My sister was asked to resign from a Private University suddenly. What can be done? [closed]

My sister has been working as an Assistant Professor in a Private University in Barasat, West Bengal, India since 2018. On 5th May 2021, she received a call from the Registrar's office asking her to ...
-2
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0answers
45 views

rights of a college student in Karnataka [closed]

I was called for a disciplinary meeting and was asked to pay a hefty fine, which I paid. But now when I asked for a refund of hostel fees I was informed that anyone in the disciplinary meeting won't ...
1
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1answer
49 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
58 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 ...
2
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1answer
79 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
917 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
83 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
129 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
179 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
503 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
85 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
73 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
55 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
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1answer
117 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
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1answer
82 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
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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
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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
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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
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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
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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
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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
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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
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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
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1answer
135 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
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1answer
143 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
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1answer
110 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
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1answer
55 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
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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
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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
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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
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1answer
101 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
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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 ...
12
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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
162 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
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1answer
311 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?
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2answers
142 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
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1answer
142 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
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1answer
45 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
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1answer
59 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
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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
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0answers
46 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
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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
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1answer
85 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
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0answers
53 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
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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
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1answer
62 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
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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? ...

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