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Major Indian Laws and its Origin
Introduction
Laws in India are imposed by the government to secure welfare and provide justice to society. India's legal framework reflects the social, political, economic, and cultural components of society.
The main frameworks of law in India are the constitution, customary law, and the judicial decisions of the superior court.
The laws passed by parliament may apply throughout all or a portion of India.
History Of Laws in India
The Vedic, Bronze, and Indus Valley civilizations contributed to the judiciary system in India. The first known source law in India was classical Hindu law. During the reign of the Mughal Empire, the Emperor's court was the capital's highest court presided by the emperor.
The courts are set up at different levels to deal with criminal, civil, and revenue cases. There after the East India Company established the judicial system in India during the British era by creating major courts in Bombay, and Calcutta. English law was the main source of law in certain instances. The Council of Privy was the highest court of appeal, Government of India Act 1935 was passed by the parliament of the United Kingdom, and defined the characteristics of the government from "unitary" to "federal".
Types Of Laws in The Indian Legal System
The Constitution of India, established in 1950, serves as the foundational law governing the codes, procedures, fundamental rights, and duties of citizens, as well as the powers and responsibilities of the government. India's legal system is characterized by a hybrid structure, with interconnected laws. The judiciary system classifies laws into Criminal Law, addressing public wrongs and rule violations through statutes like the Indian Penal Code and Criminal Procedure Code; Civil Law focuses on dispute resolution with branches like Tort, Family, Property, and Contract law; Common Law, relying on judicial precedents, natural justice principles, and the doctrine of Stare Decisis; and Statutory Law, formed through written legislation by central, state, and local governments, requiring presidential assent and allowing for veto powers. This comprehensive legal framework ensures a multifaceted approach to justice and governance in the country.
Introduction
Laws in India are imposed by the government to secure welfare and provide justice to society. India's legal framework reflects the social, political, economic, and cultural components of society.
The main frameworks of law in India are the constitution, customary law, and the judicial decisions of the superior court.
The laws passed by parliament may apply throughout all or a portion of India.
History Of Laws in India
The Vedic, Bronze, and Indus Valley civilizations contributed to the judiciary system in India. The first known source law in India was classical Hindu law. During the reign of the Mughal Empire, the Emperor's court was the capital's highest court presided by the emperor.
The courts are set up at different levels to deal with criminal, civil, and revenue cases. There after the East India Company established the judicial system in India during the British era by creating major courts in Bombay, and Calcutta. English law was the main source of law in certain instances. The Council of Privy was the highest court of appeal, Government of India Act 1935 was passed by the parliament of the United Kingdom, and defined the characteristics of the government from "unitary" to "federal".
Types Of Laws in The Indian Legal System
The Constitution of India, established in 1950, serves as the foundational law governing the codes, procedures, fundamental rights, and duties of citizens, as well as the powers and responsibilities of the government. India's legal system is characterized by a hybrid structure, with interconnected laws. The judiciary system classifies laws into Criminal Law, addressing public wrongs and rule violations through statutes like the Indian Penal Code and Criminal Procedure Code; Civil Law focuses on dispute resolution with branches like Tort, Family, Property, and Contract law; Common Law, relying on judicial precedents, natural justice principles, and the doctrine of Stare Decisis; and Statutory Law, formed through written legislation by central, state, and local governments, requiring presidential assent and allowing for veto powers. This comprehensive legal framework ensures a multifaceted approach to justice and governance in the country.
Right To Property Under Article 300A Available For Every Individual Regardless Of Any Citizenship.
Right to property ensured that all citizens had the right to acquire, hold, and dispose of property, with only the state having the authority to put reasonable restrictions for public welfare and to protect the interests of Scheduled Tribes. Moreover, it also states that no individual could be disadvantaged of their property except by the law. This meant that property could only be carried away through a law enacted by the Parliament or State Legislature, not by executive order.
Adding on, property could only be acquired or requisitioned if it served a public purpose, and the law had to provide for compensation to the property owner. However, the obligation to pay compensation was gradually weakened through various constitutional amendments. Presently, the Right to Property is enshrined in Art. 300A, emphasizing that no person shall be underprivileged of their property except by the authority of law.
Article 300A of the Indian Constitution.
Article 300A of the Indian Constitution considers the Right to Property. It was placed by the 44th Amendment Act, of 1978, and it replaced the earlier Article 31 that had been dealing with the right to property. Article 300A says, "No individual shall be deprived of his property save by authority of law." This means that a property can only be carried away through a legal process, only by an Act of Parliament or a State Legislature, and not arbitrarily by executive or administrative order.
The involvement of Article 300A marked an important change from the prior provisions related to the right to property. It reflects a balance between individual property rights and the authority of the state to regulate or acquire property for public welfare. The amendment aimed to remove the right to property as a fundamental right and reposition it as a legal right, subject to constitutional and legal safeguards. Article 300A ensures that any deprivation of property is carried out through a lawful process, reinforcing the rule of law in matters concerning property rights in India.
Article 300A is available for a person who is not a citizen of India.
Recently, the judiciary Court of India, driven by Justice BV Nagarathna, made a significant decision about the right to property under Article 300A of the Indian Constitution. This deciding says that this right isn't just for Indian residents yet in addition for individuals who are not residents of India. The expression "individual" in Article 300A incorporates both legitimate substances and people who are not Indian residents. The court likewise made sense of that "property" in this article implies actual things as well as every one of the freedoms, titles, and interests connected with a property.
This translation of Article 300A came up for a situation connected with 'Enemy property' under the Enemy Property Act of 1968. The court concluded that these adversary properties were not solved from nearby regulations because the Association Government doesn't control them. The Parliament made the Enemy Property Act in 1968 to ensure that all such properties in the nation are dealt with the same way. The point was to secure, make due, and manage them reliably as per the guidelines in the Act.
This Supreme Court choice is not the same as how individuals typically figured out these regulations. It shows that the right to property is for everybody inside the nation's boundaries, not only for Indian residents. This more extensive comprehension follows the progressions occurring by the way we decipher the Constitution and stresses that everybody, regardless of their citizenship, ought to have equivalent freedoms and assurance under the law.
The setting of this decision, managing the Enemy Property Act, features the court's commitment to treating these properties the same way all around the country. The court focused on that when the Parliament made this Property Act, it needed a uniform approach to securing and dealing with these properties wherever in India.
To summarize, the High Court's choice clarifies the wide extent of the appropriate for property under Article 300A and accentuates the protected obligation to treat everybody similarly concerning major freedoms, no matter what their citizenship. This administering is supposed to have an effect past this specific case, affecting how we comprehend and decipher the Constitution in India.
Adding on, property could only be acquired or requisitioned if it served a public purpose, and the law had to provide for compensation to the property owner. However, the obligation to pay compensation was gradually weakened through various constitutional amendments. Presently, the Right to Property is enshrined in Art. 300A, emphasizing that no person shall be underprivileged of their property except by the authority of law.
Article 300A of the Indian Constitution.
Article 300A of the Indian Constitution considers the Right to Property. It was placed by the 44th Amendment Act, of 1978, and it replaced the earlier Article 31 that had been dealing with the right to property. Article 300A says, "No individual shall be deprived of his property save by authority of law." This means that a property can only be carried away through a legal process, only by an Act of Parliament or a State Legislature, and not arbitrarily by executive or administrative order.
The involvement of Article 300A marked an important change from the prior provisions related to the right to property. It reflects a balance between individual property rights and the authority of the state to regulate or acquire property for public welfare. The amendment aimed to remove the right to property as a fundamental right and reposition it as a legal right, subject to constitutional and legal safeguards. Article 300A ensures that any deprivation of property is carried out through a lawful process, reinforcing the rule of law in matters concerning property rights in India.
Article 300A is available for a person who is not a citizen of India.
Recently, the judiciary Court of India, driven by Justice BV Nagarathna, made a significant decision about the right to property under Article 300A of the Indian Constitution. This deciding says that this right isn't just for Indian residents yet in addition for individuals who are not residents of India. The expression "individual" in Article 300A incorporates both legitimate substances and people who are not Indian residents. The court likewise made sense of that "property" in this article implies actual things as well as every one of the freedoms, titles, and interests connected with a property.
This translation of Article 300A came up for a situation connected with 'Enemy property' under the Enemy Property Act of 1968. The court concluded that these adversary properties were not solved from nearby regulations because the Association Government doesn't control them. The Parliament made the Enemy Property Act in 1968 to ensure that all such properties in the nation are dealt with the same way. The point was to secure, make due, and manage them reliably as per the guidelines in the Act.
This Supreme Court choice is not the same as how individuals typically figured out these regulations. It shows that the right to property is for everybody inside the nation's boundaries, not only for Indian residents. This more extensive comprehension follows the progressions occurring by the way we decipher the Constitution and stresses that everybody, regardless of their citizenship, ought to have equivalent freedoms and assurance under the law.
The setting of this decision, managing the Enemy Property Act, features the court's commitment to treating these properties the same way all around the country. The court focused on that when the Parliament made this Property Act, it needed a uniform approach to securing and dealing with these properties wherever in India.
To summarize, the High Court's choice clarifies the wide extent of the appropriate for property under Article 300A and accentuates the protected obligation to treat everybody similarly concerning major freedoms, no matter what their citizenship. This administering is supposed to have an effect past this specific case, affecting how we comprehend and decipher the Constitution in India.
Neera Mathur vs Life Insurance Co.
The petitioner applied for a job as an Assistant at the Life Insurance Corporation of India (LIC). After successfully completing the written test and interview, she submitted a declaration form and went a medical examination, being fit for the job. Following a short-term training program, she received an appointment letter and was put on probation for six months. However, on February during her probation period, she was dismissed from the service without any specific grounds mentioned.
The petitioner took leave for maternity. She gave birth to a full-term baby. The termination order did not provide any reasons but appeared to be a discharge without cause. The High Court refused to interfere with the termination, stating that the petitioner's work during the probation period was unsatisfactory. The petitioner then appealed to the Supreme Court.
During the preliminary hearing, the Supreme Court issued an interim mandamus directing the respondent (LIC) to reinstate the petitioner within 15 days. The Corporation, upon receiving the notice, justified the termination on two grounds: first, the petitioner allegedly with held information about her pregnancy in the declaration form, and second, her work during the probation period was deemed unsatisfactory. The Corporation referred to Instruction No.16, which stated that if a lady applicant is found pregnant during the medical examination, her appointment shall be considered three months after delivery.
The Supreme Court examined the case and found no evidence indicating unsatisfactory work during the probation period. The primary reason for termination seemed to be the declaration made by the petitioner at the time of joining, alleging that she had concealed her pregnancy. The Court criticized the nature of the declaration, particularly the intrusive questions related to personal matters such as menstrual cycles and pregnancies. It suggested that such questions could compromise a candidate's modesty and self-respect.
The Court recommended that the Corporation eliminate these intrusive columns from the declaration. If the intention is to deny maternity benefits to a pregnant candidate, the Court suggested subjecting her to a medical examination, including a pregnancy test. The Court made the interim order directing the petitioner's reinstatement absolute but clarified that she would not be entitled to salary from the date of discharge until reinstatement.
In summary, the Supreme Court criticized the Life Insurance Corporation of India for its handling of the petitioner's termination, emphasizing the lack of evidence supporting unsatisfactory work during probation. The Court expressed concerns about the intrusive nature of the declaration form, suggesting that such personal details could be obtained through medical examinations rather than compromising a candidate's dignity. The Court's decision upheld the petitioner's right to reinstatement and highlighted the need for fair and non-discriminatory employment practices, especially concerning maternity-related issues.
The petitioner took leave for maternity. She gave birth to a full-term baby. The termination order did not provide any reasons but appeared to be a discharge without cause. The High Court refused to interfere with the termination, stating that the petitioner's work during the probation period was unsatisfactory. The petitioner then appealed to the Supreme Court.
During the preliminary hearing, the Supreme Court issued an interim mandamus directing the respondent (LIC) to reinstate the petitioner within 15 days. The Corporation, upon receiving the notice, justified the termination on two grounds: first, the petitioner allegedly with held information about her pregnancy in the declaration form, and second, her work during the probation period was deemed unsatisfactory. The Corporation referred to Instruction No.16, which stated that if a lady applicant is found pregnant during the medical examination, her appointment shall be considered three months after delivery.
The Supreme Court examined the case and found no evidence indicating unsatisfactory work during the probation period. The primary reason for termination seemed to be the declaration made by the petitioner at the time of joining, alleging that she had concealed her pregnancy. The Court criticized the nature of the declaration, particularly the intrusive questions related to personal matters such as menstrual cycles and pregnancies. It suggested that such questions could compromise a candidate's modesty and self-respect.
The Court recommended that the Corporation eliminate these intrusive columns from the declaration. If the intention is to deny maternity benefits to a pregnant candidate, the Court suggested subjecting her to a medical examination, including a pregnancy test. The Court made the interim order directing the petitioner's reinstatement absolute but clarified that she would not be entitled to salary from the date of discharge until reinstatement.
In summary, the Supreme Court criticized the Life Insurance Corporation of India for its handling of the petitioner's termination, emphasizing the lack of evidence supporting unsatisfactory work during probation. The Court expressed concerns about the intrusive nature of the declaration form, suggesting that such personal details could be obtained through medical examinations rather than compromising a candidate's dignity. The Court's decision upheld the petitioner's right to reinstatement and highlighted the need for fair and non-discriminatory employment practices, especially concerning maternity-related issues.
How to file consumer complaint online in India
In today's era, people are highly dependent on goods and services offered by companies, and gradually with the passage of time dependency is increasing, it is very likely to happen that most of the time we have been deceived by them such as receiving defective products, poor quality services, unfair trade practices, or warranty issues. Therefore Consumer complaints provide a mechanism for consumers to assert their rights when they have been deceived by businesses or service providers.
Consumer complaint helps consumers to solve their issues and problems against companies and service providers so if you feel that you have lose your money on purchases of a product and want to complain against the company and service provider. Then, here is the easy and the right way to file online consumer complaint in just a few easy steps.
First of all, identify what your problem is related to, it could be a defective product, poor service, unfair pricing, etc, then collect all relevant documents such as bills, receipts, and warranty cards as it would help as an evidence in the legal procedure.
Before filing a complaint, try to resolve the issue directly with the company or service provider by connecting to customer care or you can simply mail your concern by sending them a formal complaint letter via email or post, clearly stating your grievance and the resolution you seek. Keep copies of all correspondence for your records.
If your problem still persists and you are looking for better avenues, In recent days online consumer forum platforms introduced where consumers can show their frustration and concern against the company and get a resolution as early as possible. Exploring these online consumer complaints forums such as the Consumer Helpline, Voxya is the most renowned consumer complaint platform that helps consumers to get justice against the injustice done by the company. You can file a complaint on these consumer complaint websites to get a solution to consumer complaints. If you want to take legal action against the company.
Simply visit the site and sign up for a free account by registering on the website, this process is easy and requires basic details such as name, email address, and phone number. Once registered, consumers can file a complaint by providing details such as the name of the company, product, or service, and a brief description of the issue faced. It is essential to provide all the necessary information accurately to ensure a speedy resolution. Once registered, you can file your complaint by providing details such as the name of the company, description of the issue, relevant documents, and any communication you've had with the company regarding the problem. Voxya.com is one of the well-known site that ensures that your complaint is concise and effective, no matter how complex or simple it may be, it directly takes up your case with the company and tries to resolve it.
Voxya.com offers a unique feature where consumers can connect with a network of experienced lawyers specializing in consumer rights cases. These lawyers can provide legal guidance and help you file a case in the consumer court effectively at an affordable price.
Navigating the consumer court process can be daunting, but an online consumer complaint platform can simplify the journey toward seeking justice. From registering a complaint to obtaining a financial decision, Voxya.com offers comprehensive support at every stage of the consumer court process.
Throughout the consumer court process, Voxya.com keeps you in the loop with regular updates on the progress of your case. You can track the status of your complaint online, ensuring transparency and peace of mind.
With Voxya.com, the consumer court process becomes hassle-free, efficient, and accessible. By combining technological advancements with legal expertise, it empowers consumers to fight against injustice and hold companies accountable for their actions. So, don't let your grievances go unheard – join these online consumer forums today and reclaim your rights as a consumer!
After the complaint is filed, Voxya team of experts verifies the details and sends a notice to the concerned business on behalf of the consumer. The notice informs the business about the complaint and gives them a reasonable time frame to resolve the issue.
If the business does not respond in the time given to him, the case is filed to the consumer court under the Consumer Protection Act. It provides support to the consumer throughout the legal proceedings, making it a stress-free experience. The consumer does not have to attend court hearings or hire a lawyer.
One of the important advantages to file a consumer complaint on voxya.com is that it has a wide reach. The website has tie-ups with various consumer courts across the country, making it possible for consumers to file complaints from anywhere in India. This feature is beneficial for individuals who have relocated or are unable to physically visit the consumer court in their city.There are hundreds of such stories at voxya.com for a successful fight toward consumer rights and seek justice and resolve their complaints with the advent of technology.
Consumer complaint helps consumers to solve their issues and problems against companies and service providers so if you feel that you have lose your money on purchases of a product and want to complain against the company and service provider. Then, here is the easy and the right way to file online consumer complaint in just a few easy steps.
First of all, identify what your problem is related to, it could be a defective product, poor service, unfair pricing, etc, then collect all relevant documents such as bills, receipts, and warranty cards as it would help as an evidence in the legal procedure.
Before filing a complaint, try to resolve the issue directly with the company or service provider by connecting to customer care or you can simply mail your concern by sending them a formal complaint letter via email or post, clearly stating your grievance and the resolution you seek. Keep copies of all correspondence for your records.
If your problem still persists and you are looking for better avenues, In recent days online consumer forum platforms introduced where consumers can show their frustration and concern against the company and get a resolution as early as possible. Exploring these online consumer complaints forums such as the Consumer Helpline, Voxya is the most renowned consumer complaint platform that helps consumers to get justice against the injustice done by the company. You can file a complaint on these consumer complaint websites to get a solution to consumer complaints. If you want to take legal action against the company.
Simply visit the site and sign up for a free account by registering on the website, this process is easy and requires basic details such as name, email address, and phone number. Once registered, consumers can file a complaint by providing details such as the name of the company, product, or service, and a brief description of the issue faced. It is essential to provide all the necessary information accurately to ensure a speedy resolution. Once registered, you can file your complaint by providing details such as the name of the company, description of the issue, relevant documents, and any communication you've had with the company regarding the problem. Voxya.com is one of the well-known site that ensures that your complaint is concise and effective, no matter how complex or simple it may be, it directly takes up your case with the company and tries to resolve it.
Voxya.com offers a unique feature where consumers can connect with a network of experienced lawyers specializing in consumer rights cases. These lawyers can provide legal guidance and help you file a case in the consumer court effectively at an affordable price.
Navigating the consumer court process can be daunting, but an online consumer complaint platform can simplify the journey toward seeking justice. From registering a complaint to obtaining a financial decision, Voxya.com offers comprehensive support at every stage of the consumer court process.
Throughout the consumer court process, Voxya.com keeps you in the loop with regular updates on the progress of your case. You can track the status of your complaint online, ensuring transparency and peace of mind.
With Voxya.com, the consumer court process becomes hassle-free, efficient, and accessible. By combining technological advancements with legal expertise, it empowers consumers to fight against injustice and hold companies accountable for their actions. So, don't let your grievances go unheard – join these online consumer forums today and reclaim your rights as a consumer!
After the complaint is filed, Voxya team of experts verifies the details and sends a notice to the concerned business on behalf of the consumer. The notice informs the business about the complaint and gives them a reasonable time frame to resolve the issue.
If the business does not respond in the time given to him, the case is filed to the consumer court under the Consumer Protection Act. It provides support to the consumer throughout the legal proceedings, making it a stress-free experience. The consumer does not have to attend court hearings or hire a lawyer.
One of the important advantages to file a consumer complaint on voxya.com is that it has a wide reach. The website has tie-ups with various consumer courts across the country, making it possible for consumers to file complaints from anywhere in India. This feature is beneficial for individuals who have relocated or are unable to physically visit the consumer court in their city.There are hundreds of such stories at voxya.com for a successful fight toward consumer rights and seek justice and resolve their complaints with the advent of technology.