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12 votes
Accepted

Can hospitals run by trusts discriminate based on religion in India

Article 15 of the Indian Constitution states that "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them", thus a government ...
user6726's user avatar
  • 215k
9 votes

Is marriage rejection on the basis of caste a criminal offence?

The applicable law of India is The Scheduled Castes And the Scheduled Tribes (Prevention of Atrocities) Act, 1989 plus the 2015 amendment. There are various prohibited acts, the majority of which are ...
user6726's user avatar
  • 215k
9 votes

Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?

India does not have a constitutional court, which is a term usually reserved for a court which has exclusive jurisdiction over constitutional questions and is usually limited to deciding ...
ohwilleke's user avatar
  • 220k
8 votes

Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?

In the legal practice of the united-states and the united-kingdom comments in a court opinion which are not essential to the result reached by the court are not, strictly speaking, binding precedent. ...
David Siegel's user avatar
7 votes
Accepted

How would the first constitution of India interpret hijab in the classrooms?

The 1949 constitution is here. The wording has not changes in any material fashion that impinges on religion, and there is no specific mention of hijab or other items of apparel. However, it is not ...
user6726's user avatar
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7 votes
Accepted

Why is a Letters Patent Appeal called so?

Letters patent are instruments issued by the monarch to publicly grant some specific rights to some person(s) with the backing of the royal power. It is also where the word patent (in its intellectual ...
xngtng's user avatar
  • 6,128
6 votes

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

Not for that reason This would not make the Act invalid. The interaction between the two laws would simply mean that criminal prosecution would only succeed for acts on or after the Act came into ...
Dale M's user avatar
  • 213k
4 votes

What's the minimum age of consent for sexual matters in India

Section 42-A of the POCSO Act, lays down two important principles. Firstly, that this Act is not in derogation of any other Act which was legislated by a competent legislator and secondly this Act has ...
P Malik's user avatar
  • 76
4 votes

What's the minimum age of consent for sexual matters in India

Independent Thought vs Union Of India (2017) apparently states the law of India, presently, and the answer is, 18. India being a common law country, the Supreme Court has the power to interpret the ...
user6726's user avatar
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4 votes
Accepted

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

To answer the last question, the court cannot order a DNA test, see Kumar v. Gupta, on privacy grounds: "such tests impinge upon the right of privacy of an individual and could also have major ...
user6726's user avatar
  • 215k
4 votes
Accepted

Can a Muslim widow claim from her late father-in-law's estate when her husband dies before him?

I think it is not possible to answer the question as is, but this document from the Indian courts lays out the relevant legal variables. A major split is between Sharers and Residuaries: a Sharers are ...
user6726's user avatar
  • 215k
4 votes

How is untouchability defined in Indian law?

Untouchability refers to social practices with respect to those who are avarna, referring to the ancient 4 occupational classes identified by the varna system as exemplified by the Mānavadharmaśāstras....
user6726's user avatar
  • 215k
3 votes
Accepted

Is it legal to buy/sell a property through power of attorney?

A power of attorney (POA) is a legal document giving one person (the agent or attorney-in-fact) the power to act for another person (the principal). The agent can have the broad legal authority or ...
Chiru's user avatar
  • 146
3 votes
Accepted

What if someone accuses another person of killing him in his last statement before death

To "punish" A there must be evidence that would convince the court beyond reasonable doubt. The last statement will be just a piece of admissible evidence. Just by itself it will certainly ...
Greendrake's user avatar
  • 27.6k
3 votes

"Minimum legal distance" between neighbor's property line and a plant of woody trees

Usually this answer would be provided by a local government land use ordinance, and not by the constitution, national law, state law or common law caselaw rules. It would vary considerably from place ...
ohwilleke's user avatar
  • 220k
3 votes
Accepted

Do sanskrit-mottos from religious texts violate secularism in India?

Art. 25 of the Indian Constitution says (in part) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and ...
user6726's user avatar
  • 215k
3 votes

In Indian law are courts required to give similar verdicts for similar cases?

The difficult part is deciding when two cases are similar. Precedents from higher courts govern what the law is in a case. But, a lot of what trial court judges do is to boil down a mountain of ...
ohwilleke's user avatar
  • 220k
3 votes

Can the Indian Government make laws contrary to the Directive principles of state policy?

Yes, it can. This analysis is IMO very informative of the role of Part IV in Indian law, especially considering a comparison to the related concept of constitutional (fundamental) rights. Fundamental ...
user6726's user avatar
  • 215k
3 votes

How does the pardoning power of the president and governer work ? (India)

You’re overthinking this The President can pardon Federal crimes, the state Governor can pardon state crimes. A convicted person will have been convicted under a Federal law, a State law or, possibly, ...
Dale M's user avatar
  • 213k
2 votes

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

In general, a person can bequeath their assets to whoever they want. Many jurisdictions impose a duty to make allowance for the maintenance of the testator's spouse and any dependents (usually ...
Dale M's user avatar
  • 213k
2 votes

How to save marriage when wife's family influence/force for divorce

While a person is resident in Australia, and has been for at least the past 12 months, that person can obtain a divorce under Australian law, without regard to Indian law. Whether India will recognize ...
David Siegel's user avatar
2 votes

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

The constitution of India doesn't explicitly talk about the freedom to enter India, it does however grant freedom of movement inside India with some reasonable restrictions (it is ironically not ...
nikhil's user avatar
  • 171
2 votes

Do sanskrit-mottos from religious texts violate secularism in India?

None of the examples of mottos given in the question appear to violate the principle of secularism. While they are drawn from religious texts, they do not have any necessary metaphysical content (...
ohwilleke's user avatar
  • 220k
2 votes
Accepted

Violating Non-Compete Agreement with my Employer

This is almost assuredly in violation of your non-compete (assuming that is what you mean). Company documents would be covered under a non-disclosure agreement, so it doesn't matter if you generated ...
Ron Beyer's user avatar
  • 9,215
2 votes

Constitutional validity of financial regulation of individuals

These kinds of laws are expressly authorized by Articles 302 (in the case of national government legislation) and 304 (in the case of state government legislation) of the Constitution of India. There ...
ohwilleke's user avatar
  • 220k

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