Legal Upanishad

The doctrine of Election under the Transfer of Property Act

The doctrine of election is a legal clause in the Transfer of Property Act that prohibits a person from exercising a right that they otherwise would have. The doctrine of election has a very wide scope. Equity-based principles serve as the foundation for the doctrine of election. It is applicable to all types of property, whether movable or immovable, and to all types of legal documents, including wills and deeds. A person cannot opt to accept only the parts of a deal or instrument that are advantageous to him and reject the others. Let’s now talk about the doctrine of election as it is mentioned in Section 35 of the Transfer of Property Act, using some relevant examples and significant precedents.

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Legal Framework regulating Arrest and Investigation in India

Legal Articles / legalupanishad

Chapter V (Sections 41–60) of India’s Criminal Procedural Code 1973 (CrPC) discusses the arrest of an individual, however, it does not provide a definition of the arrest.

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Paris Convention for the Protection of Industrial Property

Legal Articles / legalupanishad

In this article we will be discussing what is the Paris Convention, why exactly was this convention needed, and what protections this convention provides to the contracted States.

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Composite and Mixed Supply under GST

Legal Articles / legalupanishad

In this article, we will discuss the concept of composite supply and mixed supply under the Goods and Servies Tax (GST), the distinction between the two, and discuss why is there a need to have this distinction under the law.

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Laws related to Renewable Energy in India

Legal Articles / legalupanishad

This article discusses the laws related to the renewable energy in India, policies and budgetary initiatives, key institutions in India.

Opening an Electric Vehicle Charging Station (EVCS) in India

Legal Articles / legalupanishad

Electric vehicles (EVs) are vehicles with electric motors rather than internal combustion engines. The vehicle uses a battery pack to power the electric motor. This battery pack to power an electric motor requires a sufficient supply of electricity which is supplied from electric vehicle supply equipment (EVSE) that is, it needs to be charged by plugging into a wall outlet or charging equipment. This facility is provided by EV charging stations (EVCS). This article covers legal requirements for opening an electric vehicle charging stations in India and all the other aspects related to EVCS.

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Religious Conversion Laws in India: All You Need to Know

Legal Articles / legalupanishad

Religion is a vital part of an individual’s life as it guides the morals and behavior of an individual. India has such a vast and diverse culture and has all kinds of religions and people practicing all kinds and forms of religion so there would be going to be conflicts between the different types of religion. It is important for the government to make laws regulating religious activities and at the same time preserve religion. The constitution of India has elaborated on this in Part III of the fundamental right, especially in Article 25 which gives every person the right to freedom of conscience and the right to profess, practice, and propagate the religion subject to public order, morality, and health. To protect these provisions of the fundamental right there are legislations in India that provides the framework for the conversion, practice, and propagation while maintaining public order and peace.

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Anti-Terrorism Laws in India: All You Need to Know

Legal Articles / legalupanishad

Terrorism is one of the most dangerous crimes in the world. It does not only target innocent people but also destroys the economies and diplomatic world relationships of the countries. Terrorism does not have a specific definition in different parts of the world. It is frequently used to imply that something is “morally wrong.” Governments and non-state groups use the term to abuse or denounce opposing groups. To protect the state from terrorism and anti-social activities governments enact anti-terrorism laws on their people. India has recently seen reports of terror-accused groups and individuals.

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The Doctrine of Res Ipsa Loquitur: All You Need to Know

Legal Articles / legalupanishad

In Latin, we say the object speaks for itself (res ipsa loquitur). The doctrine of res ipsa loquitur (or res is for short) is used as an evidentiary rule in personal injury law to create a rebuttable presumption of carelessness on the side of the defendant based on the plaintiff’s conduct. In other words, if the plaintiff presents sufficient circumstantial evidence, the defendant will have the burden of proving that he or she was not negligent, even though the plaintiff would normally have to establish that the defendant behaved with a negligent state of mind via res ipsa loquitur.

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Muta Marriage: Concept and Laws

Legal Articles / legalupanishad

The idea of muta marriage emerged in ancient times when the Arabs had to travel far from their homes for extended periods of time due to battles, pilgrimages, or commercial journeys to prevent both from engaging in prostitution and gratifying their sexual appetites. This article will focus on familiarizing the reader with the concept of Muta Marriage, its origins, and the question surrounding its legitimacy and legality in India. It will also critically analyze similar practices and the position of women participating in these marriages.

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January 2023