Legal Upanishad

Customs act, 1962: A critical analysis

Travelers or merchants, when traveling from one country to another country, need to pay some taxes on their luggage or goods is called customs tax. Every country gives customs tax according to their rules and regulations. If a person comes to India from another country on his goods, an Indian tax will be applied to him. All taxes will be applied to travelers according to the regulations which are regulating in our country. In India, all customs taxes are governed by the act of Indian Customs Act, 1962. This act provides the legal status of custom tax on the export and import of goods. This article will provide a critical analysis of the act.

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Budget 2023-24: Highlights and Analysis

Legal Articles / legalupanishad

The finance minister of India, Nirmala Sitaraman has announced the union budget for the financial year 2023-2024. It has been announced on 1 February 2023. It has been in the highlights due to it being the last budget of the current government, led by Priminister Narendra Modi, before the general election which has been held in 2024. Before the general election, the state election will be held in nine states. The Economic Survey report has shown that after covid-19, economic growth resurrection has been done. In this article, we are going to present important highlights of the budgets. And will discuss how it is beneficial for general people.

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All India Judicial Service: A Compelling Need for the Nation

In this article, we will be discussing the topic which is one of the most controversial as well as the discussed topic of the current timing i.e., All India Judicial Service. After looking into the historical evolution of the issue we will look into the advantages and needs of the AIJS. Certainly, we also touch on the criticism of this idea.

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Maintenance of Widowed Daughter-in-Law

Legal Articles / legalupanishad

Maintenance fundamentally means support to someone who is unable to maintain and sustain herself or himself. Predominantly in India, women are not able to maintain and sustain themselves after the divorce or the death of a husband due to constraints and diminutions they face in society. This makes it harder for women to sustain themselves and looking at the constraints and restrictions women face parliament has passed a law regarding this. Hindu Adoption and Maintenance Act, 1956 which governs the law concerning maintenance. For this article, our concern would be the maintenance of the widowed daughter-in-law which is governed by Section 19 of the Hindu Adoption and Maintenance Act, 1956 (HAMA). Under section 19 of HAMA, the widowed Hindu wife is entitled to maintenance from her father-in-law to the extent that she is not able to sustain and maintain themselves from earnings or property.

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Man sentenced to death for killing Parents: Facts and Laws

Legal Articles / legalupanishad

A 47-year-old man was found guilty of killing his parents at their home in 2018 and was given the death penalty by a court in Chhattisgarh’s Durg District, describing the incident as one of the “rarest of the rare.” In a 310-page judgment, Additional Sessions Judge Shailesh Kumar Tiwari decided the death penalty for the man and expressed that only the death penalty will be the appropriate punishment for the convict so that no one ever dares again to commit such a grave offence of murdering his parents. Let us now discuss the facts of the case and the relevant laws regarding it.

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Maritime Laws in India: All you need to know

Legal Articles / legalupanishad

Maritime Law is also known as the Law of the sea. This kind of law talks about the rules and regulations related to shipping, its protection & maintenance, insurance of ships and people, carrying goods by sea, registration, and damages to ships, etc. The transfer of goods from one country to another country has been run for ancient times. At that time, there was a need for this kind of law, and there were some laws but not in a proper way. This article will be explained all about its history and what the current laws related to maritime have been run in India.

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Laws Regulating Drones in India: All You need to know

Legal Articles / legalupanishad

This article aims to explore and give a general overview of the drone operating laws in India. The Unmanned Aircraft System Rules, 2021 were partially replaced by new rules controlling the operation of drones that were first issued by the Ministry of Civil Aviation, Government of India, on August 26, 2021, and then revised by the Drone Amendment Rules, 2022 on February 15, 2022. The Rules are thought to be much more lenient than their predecessors and cover a larger range of drone-related activities. They were created to support India’s goal of becoming a major drone hub by 2030.

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Rooh Afza vs Dil Afza: Case Analysis

Legal Articles / legalupanishad

In this article, we will be discussing an important case law related to trademark protection. “Hamdard” is a well-known name that manufactures a variety of items such as ayurvedic medicines, cough and other syrups including certain unani medicines also, etc. “Rooh Afza” is also a sweet beverage product manufactured by the Hamdard group of companies. This matter related to this same product arises a conflict upon the trademark conflict with a similar product named “Dil Afza”.

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Remarriage laws in India: All you need to know

Legal Articles / legalupanishad

Remarriage takes place after the first marriage knot ends due to divorce or the death of the spouse. In ancient India, the remarriage of the widow, especially women, was considered taboo and the ancient customs of India didn’t allow widow remarriage. During the colonial period, the British introduced the Hindu Widow Remarriage Act, of 1856, which made it legal for widows to remarry. This statute received widespread criticism and disapproval from many sections of society in India and was considered an interference of Britishers in Indian culture and religion. For a long time, Hindu Customs didn’t recognize divorce between spouses and thus disallowed and forbid remarriage in India. But post-independence the parliament passed the Hindu Marriage Act, of 1955 which recognized and legalized divorce under Section 13 of the Act hence allowing remarriage subsequent to the prior marriage end.

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New Endorsement Guidelines for Celebrities and Influencers

Legal Articles / legalupanishad

This article deals with the recently released guidelines for celebrities and social media influencers by the central government. The new guidelines for endorsements by celebrities and social media influencers in India require them to disclose any financial or other benefits they may receive from promoting a product or brand on their social media platforms. If they fail to do so, they may face penalties of up to ₹ 50 lakhs. The article would enunciate the nuances of these guidelines and state how to comply with the requisite statutory regulations.

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