Section 17 in the Copyright Act, 1957 defines the first owner of the copyright:- Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that— (a) in the case of a literary, dramatic or artistic work made by…
Month: March 2023
Bailment and the duties of the bailor and bailee
Introduction There are many instances of bailment in our daily lives – when we give our clothes for laundry, when we use valet parking for our cars. We deliver our goods to another person or leave them in the power of another person for a purpose and expect to receive…
Offences related to inflicting Miscarriage or injuries to unhatched or infants
The offences related to the golf shot to death of unhatched or newborn child unit of measurement dealt in Sections 312 to 318 of Chapter XVI of the Indian codification, 1860 i.e., inflicting miscarriage, act finished intention of inflicting death, inflicting death, exposure or exploit of a bambino with the…
Concept of False Information under IPC – Section 202 – 211 IPC
By Tania Maria Joy Introduction Evidence is every type of proof legally presented at trial (allowed by the judge) that is intended to convince the judge and/or jury of alleged material facts of the case. Evidence is any statement required or permitted by the court on oath and any document…
Doctrine of Part Performance – Sec 53, 53A TPA
By Tania Maria Joy Introduction It is a settled proposition of law that an agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. It can be oral. It can be by exchange of communications…
OFFENCES RELATED TO WEIGHTS AND MEASURES UNDER IPC SECTIONS- 264 TO 267
Submitted by Kanish Malhotra Introduction In this article we’ll be taking about the offences related to weights and measures under section 264 – 267. When we talk about weights and measures it means it includes quantity, capacity, volume, or dimensions of anything. The offences related to measures and weights take…
Doctrine of caveat emptor |Law Notes
Introduction:- Caveat Emptor is comes in a Latin phrase with the aim of the meaning, which is “let the buyer beware”. Caveat Emptor is a fundamental principle of the sale of goods act. We can also say this “warning Buyer”, in short; ‘let the buyer beware’. The purchaser or buyer has…
Offence of Robbery – sec 390, 392-394 IPC
Section 390 of Indian Penal Code defines “Robbery” In every robbery there is either theft or extortion. When theft is robbery. Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by…
Approach of Penal Code towards the offences against 3 wings of India – sec 131 – 140 IPC
Section 131 of Indian Penal Code 1860 defines Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to…
LEGALITY AND CONSTITUTIONALITY OF INDIA’S COLLEGIUM SYSTEM FOR JUDICIAL APPOINTMENTS
The purpose of this article is to examine the legality and constitutionality of India’s Collegium system for judicial appointments. The article will provide a brief overview of the Collegium system and its history, and then delve into the various arguments for and against the system.
Offences related to Elections
Introduction In the Indian Penal Code, Section 171 of Part IXA deals with election-related offences. Section 2 of the Indian Elections Offences and Inquiries Act,1920, established this Chapter. Bribery, personation, undue influence, and making false statements to disparage someone are all prohibited under the law. The fundamental goal of this…
Offence of hurt
Introduction:- Chapter XVI of the Indian penal code, talk about an offences affecting the human body with the section (299- 377). It is the largest chapter of the IPC. It contains 88 sections. It clearly indicates the importance attached to the preservation and protection of right to life and liberty,…
Criminal Misappropriation of Property and Criminal Breach of Trust – 403-409 IPC
Section 403 ‐ Dishonest misappropriation of property. Whoever venally mis‐appropriates or converts to his own use any movable property, shall be chastened with imprisonment of either description for a term which can reach 2 years, or with fine, or with each. Illustrations ﴾a﴿ A takes property happiness to Z out…
Duties and functions of Commission under Competition Act
Duties of Commission. Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse result on competition, promote and sustain competition, defend the interests of customers, and guarantee freedom of trade carried on by alternative participants, in markets in India: on…
Agreement in restraint trade, sale of goodwill and power of exemption
Introduction A partnership is a form of business borne out of a formal agreement, where two or more persons agree to become co-owners, to manage and operate the business in order to share its profit and losses. The partners in a partnership can be organizations, individuals, schools, businesses, governments or…
Offence of Dacoity under IPC
Introduction According to the lexicon of oxford, robbery means that Associate in Nursing act of violent theft that is committed by associate in Nursing armed gang. there’s just one issue that differentiates robbery from theft which is that the range of offenders. One person can even commit a theft and…