Author: Megha Jain

This post is written by Megha Jain, a student of Hidayatullah National Law University, Raipiur. WHAT IS SURROGACY? Surrogacy is a procedure, where a women bears a child of and for another person (often biological father and mother), who become the parents of the child. It is often a legal arrangement. The women bearing the child is called ‘surrogate’. Commercial surrogacy is when the women is paid by the intending parents in exchange of bearing the child (or children) till maturity. It also includes commercialization of surrogacy activities and alike procedures. In India, the Surrogacy (Regulation) Bill was passed by…

This post is written by Megha Jain, a first year student of Hidayatullah National Law University, Raipur. INTRODUCTION The Constitution of India was made on 1949 and Uniform Civil Code is a part of the Constitution since its inception. Uniform Civil Code being a Directive Principle of State Policy, is not justiciable. It means that Uniform Civil Code, which is Article 44 of the Constitution, cannot be forced upon. It is an advice of the makers of the Constitution and is in the hands on the Government to make Article 44[1] applicable. Nevertheless, Uniform Civil Code is a hope and…

This post is written by Megha Jain, a student of Hidayatullah National Law University, Raipur. BEFORE THE DELHI DISTRICT COURT DATE OF JUDGMENT 08. 2018 PLANTIFF Sonia Tourism Pvt. Ltd. RESPONDENTS Ranvir Singh Laxman Singh BENCH JYOTI KLER, ADDL. DISTRICT JUDGE. FACTS OF THE CASE The plaintiff is a   private limited company engaged in the business of Tour and Travel. A car purchased by the plaintiff was handed over to the defendants upon a contract for a period of 3 years. The agreement between them was that the defendants would pay monthly instalments of the loan taken in lieu of…

BEFORE THE SUPREME COURT OF INDIA AIR1997SC3280 DATE OF JUDGMENT 29.07.1997 APPELLANT Noor Saba Khatoon RESPONDENT Mohd. Quasim BENCH Dr. A.S. Anand and K. Venkataswami, JJ. FACTS OF THE CASE The appellant (wife) and the respondent (husband) were wedded since 27-10-1980. They has three children out of the wedlock (two daughters and a son). When the respondent asked the appellant along with the three children to leave the matrimonial house, the children were aged 6 years, 3 years and l 1/2 years. On date 13-2-1992, the appellant filed an application under Section 125[i], Cr. P.C, in the Trial Court seeking…

This post is written by Megha Jain, a first year student at Hidayatullah National Law University. BEFORE THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION DATE OF JUDGEMENT 8 March, 2017 APPELLANT – Suman Singh RESPONDENT – Sanjay Singh  BENCH R.K. Agrawal, Abhay Manohar Sapre Facts of the case The marriage between the appellant (wife) and the respondent (husband) was solemnized on 26.02.1999 as per the Hindu rites. The respondent-husband was working under the government of NCT of Delhi and the appellant was a housewife. They had two daughters on 15.06.2002 and 10.02.2006 accordingly. On 11.07.2010, the husband filed a…

This post is written by Megha Jain, a first year student at Hidayatullah National Law University, Raipur. In order to more proficiently curb the heinous sexual crimes and offences done against children, the Ministry of Women and Child Development introduced a new Act. Protection of children from sexual offences (POCSO) Act, 2012 was passed by the Indian Parliament on 14th November 2019 (see here). This Act is a comprehensive set of laws to protect children from sexual abuse, pornography, harassment. This Act also provides for children with easier yet effective judicial procedure and child-friendly mechanism for reporting, investigating, evidence collecting,…

Before the Supreme Court of India Appellant Taj Mahal Hotel Respondent United India Insurance Company Ltd. & Ors Date of Judgement 14 November, 2019 Bench Mohan M. Shantanagoudar, Deepak Gupta FACTS On the date: 01.08.1998, the Respondent No. 2 (Complainant No.2) visited the Appellant’s hotel in his ‘Maruti Zen’ car at around 11 PM. Upon reaching the hotel, the car-owner (Respondent No. 2) handed over keys of his car to the hotel for valet parking, and then went inside the hotel. The car-owner came out of the hotel at around 1 AM on the same night and was informed by…

This post has been written by Megha Jain, a 1st year student at Hidayatullah National Law University, Raipur. Introduction In the middle of such threatening crisis that the whole world was and certainly is in terror, Indian government introduced an application ‘Aarogya Setu’ that assured to clear the doubt of nearby person being a Covid-19 virus carrier. Aarogya Setu is the Indian Covid-19 tracking mobile application developed by the National Informatics Centre and that comes under the government Ministry of Electronics and Information Technology (see here). The app already has nearly 90 million downloads and is available on both Google…