Questions tagged [india]

For questions specific to Indian law.

372 questions
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how long can someone be detained in Police and Judicial custody in India?

According to NCRB, about 77% of prisoners in India are undertrials. and CrPc 167 https://indiankanoon.org/doc/1687975/ states that the maximum someone can be kept in Judicial custody is 90 days, or 60 days, depending on the gravity. However, it…
user49663
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In India is the Judiciary empowered to make reasonable exceptions to a law in a trial?

In case a statute is clearly of General application or doesn't allow affirmative defences, is it still possible for the Judiciary to interpret the law in a way to accommodate exceptional cases ? or would this be against the principles of public…
user49663
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(India) Is it legal for hotels to charge 5x the MRP on items in their ORIGINAL PACKAGING, with the MRP CLEARLY PRINTED on the package?

I am staying in a hotel room, and the in-room minibar has some chocolate bars in their wrappers, with the MRP printed, and the bars themselves are not wrapped in any way, nor are they part of a "hamper". Is it legal for the hotel to charge FIVE…
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One principal cancelling a jointly granted power of attorney

This question pertains to Indian Law. However, the Law in this area is similar to British Law, so I would appreciate answers pertaining to British Law too. Suppose a group of people (the principals) who jointly own land (say, the Trustees of a Trust…
Faheem Mitha
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what is the scope of action under repealed laws in India under these provisions?

Section 8 of the general clauses act states that 1[(1)] Where this Act, or any 2[Central Act] or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then…
user49663
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what offences can the governer pardon in India?

Article 161 of the constitution states The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any…
user49663
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Clarifying language on law of auction sale

"where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the…
Ishan Taneja
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what are the limits to judicial review in India?

the various articles of the constitution (chapter-The Union Judiciary) regarding the supreme court seem to give the impression that their conduct is heavily regulated by presidential consent and laws made by parliament. but am I missing something…
user49663
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what does "abetment" mean within the context of Prevention of corruption act 2018 (India)?

Section 12 of the Act only states that abetment of any offence in the act is also an offence and is punisbable. Bribing is a separate crime within the act but then what does abetment mean in the context of this law then ? can encouraging someone to…
user49663
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Internet companies vs Governments

When an internet company (like Twitter, Facebook etc.) does not comply with the rules of the government of a country what are the punitive measures that could be imposed? This in the context where the primary headquarters of the company are not in…
techvsgovt
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Personal mobile device monitoring by employer legal or not?

So here is my case. I work at a company where I recently came to know that they were monitoring my personal mobile whenever I was connected to the company Wifi. No consent was taken nor was there any transparency about this. I was not told that even…
Rolen Koh
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Is it Mandatory to have same Name ( Word-to-Word) on all your Identity Documents ( India)?

I have an issue with my PAN and Aadhar Card with both having Either Initial or Full Middle name difference. My Question Specifically is , when Government of India has taken pains to maintain Biometric and Eye Scans , specifically to provide each and…
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validity of passports after stamped deported

if a person is deported from a country where he used to work to the country of his origin and his passport has been stamped DEPORTED IS the passport still valid for visit to other countries
zahoor
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How is bias avoided in the selection of members of Constitutional benches in India?

In India, cases involving a substantial question of law as to the interpretation of the Constitution of India are resolved by specially appointed Constitution Benches. This comprises of 5 or more judges of the Supreme Court. What is the process of…
Jedi
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is it possible to appeal against a sentance of life imprisonment without possibility of reduction passed by the supreme court in India?

https://indiankanoon.org/doc/50602236/ It has been held that the supreme court can pass a sentance that would bar someone from seeking sentance reduction/remmission under crpc 432 and 433 can such a decision be appealed against the supreme court…
user49663
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