ARTICLES


In Criminal Law, Dacoity Part-2 On September 8, 2017

Robbery committed by five or more persons is dacoity. Five or more persons must either conjointly commit or attempt to commit robbery, and then only the offence of dacoity is constituted. The word ‘conjointly’ refers to united or concerted action of th …

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In Cheating Part-2, Criminal Law On September 8, 2017

Section 415 of Indian Penal Code defines cheating. Section 420 in the Indian Penal Code deals with punishment for Cheating and dishonestly inducing delivery of property. The maximum punishment which can be awarded is imprisonment for a term of 7 years …

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In Indirect Tax, Taxation Law On September 8, 2017

The purpose to levy taxes is that they create the basic source of revenue to the government, revenue so raised is put to use for meeting the expenses of government like defense, provision of education, health care and building infrastructure in the cou …

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In Direct Tax, Taxation Law On September 8, 2017

TAX Taxes are the basic source of revenue to the government. Revenue so raised is put to use to meet the expenses of government like defense, provision of education, health care, building infrastructure in the country and other purposes. Types of tax i …

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STATUS OF AD HOC EMPLOYEES The ad hoc employees basically stand at the lowest grade as against a permanent, quasi-permanent and temporary employee. It has been held that an ad hoc employee does not get the right to hold the post or to continue in emplo …

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In Adhoc Appointment, Service/ Employment On September 8, 2017

INTRODUCTION Article 309 of the Constitution of India confers power on the appropriate authority to regulate the recruitment to the public services of the Union or of any State. It enables the Executive to make recruitment to the governmental services. …

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Article on Motor Vehicle Insurance Liability (In context of third party insurance) OVERVIEW Under Motor Vehicle (Amendment Act), 1988 it is mandatory for every owner of the vehicle to have valid insurance to drive the vehicle on the road. Thus, any veh …

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ACCIDENT LIABILITY TOWARDS WORKMEN Over the years various rules have been framed for the protection of workmen. Accidents during work are common to see but workmen are not in a condition to pay for them because they are already underpaid and fulfil the …

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In International Law, World Food Programmer On September 8, 2017

WORLD FOOD PROGRAMME “A workable scheme for providing Food Aid” HISTORY: September 1962, in Northern Iran, an earthquake striked the area of Buin Zara. More than 12,000 people die. Thousands of houses were destroyed. Disaster for its victims, the tremo …

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The World Health Organization (WHO) is an agency of the United Nations which deals with the international public health. It is the directing and coordinating authority on international health related work. It was established on 7 April 1948, headquarte …

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Copyright is a legal right created by the law of a country that award the maker of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations …

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Article on E-commerce Laws in India OVERVIEW The E-commerce sector in present days is witnessing an unprecedented rise, wherein the online buyers are no more limited to the younger ones but include the elder ones. People in present world like to shop w …

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In Family Law, Will Codicil On September 7, 2017

WILL A will is a legal document which declares the intention of the owner of the property with respect to his property, which he desires to be carried into effect after his death. It means a document whereby the maker disposes off his property, but suc …

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ENVIRONMENT COMPLIANCE AND VIOLATIONS BY INDUSTRIES: Though growth of industries is a boom for the economy but year by year it has caused environment degradation and has led to water pollution, air pollution, land pollution, water lodging and harmed th …

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In Education Law, Nri Education Law On September 7, 2017

NON RESIDENT INDIANS – EDUCATION SYSTEM Who are Non Resident Indians? NON RESIDENT INDIAN: An Indian citizen or a foreign citizen of Indian origin/roots who stays in foreign lands for employment/carrying on business or under prospects indicating an int …

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In Criminal Law, Proclaimed Offender On September 7, 2017

A proclaimed offender proceeding is action of the court through which the court affirm the person as proclaimed offender and directs the concerned police officials to arrest the person named in the proceeding and produce him before the court and the na …

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In Criminal Complaints And Fir, Criminal Law On September 7, 2017

CRIMINAL COMPLAINTS Criminal Complaint is a document submitted by the complainant to file a criminal complaint against an accused. In layman’s language, it is simply the written allegations of the complainant along with a summary of the facts of the ca …

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Legal provisions related to Honour Killings in India Honour killing refers to the killing of a person by his or her family members because he is said to have brought down the image of family by doing some wrong act such as inter-caste marriage, etc. Th …

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DOMESTIC VIOLENCE Domestic violence is a sort of abuse which happens in a personal relationship. It can happen between spouses, boyfriends and girlfriends, ex partners etc. Although mostly women suffer from domestic violence, it can be an abuse by a wo …

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Insolvency and bankruptcy are concepts related to a business or a person who is unable to repay outstanding debts. The process of Bankruptcy begins with petition filed by debtor or on behalf of creditors, which is less common. A person is declared bank …

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Corporate governance is the system of rules, practices and processes by which a company is directed and controlled. It is a fair, efficient and transparent functioning of the corporate management system. Corporate governance essentially involves balanc …

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NATIONAL CONSUMER DISPUTE REDRESSAL FORUM The National Consumer Disputes Redressal Commission (NCDRC), India is a quasi-judicial commission in India which was set up under the Consumer Protection Act of 1986. Its head office is located in New Delhi. Th …

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In Constitutional Law, Seventh Schedule On September 7, 2017

SEVENTH SCHEDULE The Constitution of India covers the list of areas to extent of which the State and Union Government can exercise their powers. It is covered in seventh schedule of Constitution of India. Hence, one level of government doesn’t interfer …

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In Constitutional Law, Municipalities On September 7, 2017

Municipalities This concept of municipal governance in India is not a modern concept, it was quite developed in medieval times, in 1666 first municipal body came into force that was Madras Municipal Corporation in 1726 Bombay Municipal and Calcutta Mun …

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The interpretation of laws is the primary function of the courts of law. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. The object of all such rules or principles is to ascer …

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Overview Fundamental rights are those rights which are guaranteed to the citizens of India under its constitution. The dictionary meaning of the word ’fundamental’ is “important”. Hence, these are the rights which are of extreme and primary importance. …

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In Constitutional Law, Equality Before Law On September 7, 2017

Article 14 of Constitution of India deals with equality before law. It secures “equality before law” and “equal protection of laws”. Equality before law, also known as: equality under law, equality in the eyes of the law, or legal equality, is the prin …

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In Constitutional Law, Election Law On September 7, 2017

Overview: Part XV of the constitution provides for the regulations related to the elections. Ours is parliamentary form of democracy. It is necessary that the elections are conducted without any bias. A suitable machinery is set up for the purpose of e …

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“Suspension” means to take or withdraw something for the time being. Suspension of sentence is the act of keeping the sentence of accused in abeyance at the pleasure of the person who is authorized to suspend the sentence. The power to suspend the sent …

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In Compoundable Offences On September 7, 2017

Settlement is a method of reaching agreement in a dispute whereby each party surrenders something that it wants. An agreement so reached in criminal cases is known as compounding. The general scheme for compounding of offences has been given by Section …

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In Banking Law, Dishonour Of Check On September 7, 2017

MEANING Cheque is a negotiable instrument used in place of cash in payments. The amount is deducted from the bank account of drawee. If there are insufficient fund in drawee’s account then the cheque gets dishonoured or returned. The bank of the drawee …

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OVERVIEW Bill of exchange is a type of negotiable instrument in which a written, unconditional order made by one party (drawer) is transferred to another (the drawee) to pay a certain sum of money, either immediately or on a fixed date as mentioned in …

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Criminal Trial as per the provisions in Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 lays down a procedure to be followed in case of a criminal matter. Criminal trials are divided into three categories, namely- Warrant case Summons …

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Drug use by athletes has been issue of controversy for many years. Athletes and performers often use artificial stimulants to give them a physical and mental advantage. The use of performance enhancing drugs can be traced to the ancient Olympic Games w …

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In Service/ Employment, Suspension On August 24, 2017

OBJECT: – To keep employee away from a position where He can interfere with the conduct of enquiry, or may tamper with documentary or oral evidence in any manner, and to ensure smooth disposal of the proceedings initiated against him It is unsafe to co …

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It has been said that the State must be a model employer. It is for this reason, the Courts have stressed that a person should not be kept in a temporary or ad hoc appointment status for long. Where a temporary or ad hoc appointment is continued for lo …

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In Promotion, Service/ Employment On August 24, 2017

OVERVIEW: In layman’s language promotion means a step forward. Promotion under the ambit of service law means advancement in the position of the employee in the same organization. It is a common human trait that a person always wants higher pay scale, …

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OVERVIEW Article 311 secures to the civil servants of the government two procedural safeguards in relation to their tenure of office. These safeguards are a kind of natural justice which must be followed by authorities while performing their function. …

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In MACT Claim, Motor Accident Law On August 24, 2017

Motor Accidents Claims Tribunal (MACT)  deals with matters related to compensation of motor accidents victims or their next of kin .The Tribunal deals with claims relating to loss of life/property and injury cases resulting from Motor Accidents. Who ca …

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ASSESSMENT OF COMPENSATION The courts can only grant compensation for the pecuniary and monetary loss caused and some other expenses, but no court can even attempt to grant compensation for loss of life or limb. Mainly pecuniary loss has to be assessed …

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Road injuries and fatalities have come up as a major public concern for the country. When a road accident takes place, it gives rise to both civil and criminal liabilities. Motor Vehicles Act, 1988 majorly deals with issues related to road accidents. I …

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A person in India cannot drive a motor vehicle without an appropriate driving license. A person is licensed to drive a motor vehicle when he obtains the license by the due process of law. Anybody driving a vehicle which he is not licensed to drive will …

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A person under the age of 18 is a minor who is not eligible to take full legal responsibility of his/her actions and their consequences. As by the Motor Vehicle Act 1988, an underage person who does not fill the requirement of section 3 & 4 of Moto …

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Accidents – a sight for sore eyes are no longer as uncommon as they were a decade back. Today, rate of accidents in our country is rapidly rising; statistic shows that 377 people die every day in road accidents with almost 1214 crashes every day. Most …

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In Matrimonial Law, NRI Divorce On August 24, 2017

Marriage is an institution which unites two people. No one wants to break it, even those who wants to break it are afraid of the fear of social stigma. In recent years, there are lot of divorce cases entertained in the courts of law in India. Who can s …

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SECTION 339 states that “Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person”     Exception: The obstruction of a …

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In Law of Torts, Workplace Injury On August 24, 2017

 Workers’ compensation or repayment is a type of insurance/warranty giving wage and salary replacement and medical benefits/gain to employees injured in the way of employment in exchange for compulsory surrender or submission of the employee’s right to …

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In Law of Torts, Trespass On August 24, 2017

Trespass is said to be the act of crossing the limits prescribed by law. It refers to an unreasonable interference with one’s property or person arising out of a malafide intention.  Trespass is a criminal as well as civil wrong. If a person is invited …

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In Law of Torts, Nuisance On August 24, 2017

Nuisance means unlawful interference with the use or enjoyment of land of another. A Person’s any act which leads to the disruption of the right of use of property enjoyed by another constitutes nuisance. Nuisance can be in many ways unjust noise, vibr …

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In Law of Torts, Negligence On August 24, 2017

MEANING AND DEFINITION In every day usage it denotes carelessness. But in its legal interpretation the word carries two senses in the law of torts. Negligence as a mode of committing certain torts- trespass, Nuisance or defamation. It denotes mental el …

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In Law of Torts, Negligence in Torts On August 24, 2017

Overview Negligence in simple terms means carelessness of any person, which creates the harm of another person. There is a legal duty to take care of any act when it is reasonably capable of being predicted. Negligence torts are the most prevalent tort …

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In General Defences 1, Law of Torts On August 24, 2017

General Defences Daily life of an ordinary Indian is full of hassle and rush, in fulfilling these duties many a times torts are committed unknowingly or knowingly. To protect the defendant from full responsibility of the act there are several defences …

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In General Defences, Law of Torts On August 24, 2017

The general rule of criminal law is that it is the duty of the prosecution to prove the guilt of the accused beyond reasonable doubt and the benefit of doubt is given to the accused. But the burden of proving existence of circumstances bringing his cas …

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In False Imprisonment, Law of Torts On August 24, 2017

FALSE IMPRISONMENT False imprisonment is called wrongful confinement in the Indian Penal code. It is basically unlawfully restraining a person’s way in all the directions in order to prevent him from moving in a direction for some period. The period ma …

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In Assault and Battery, Law of Torts On August 24, 2017

                          ASSAULT AND BATTERY Assault: it is an act which is done with the intention of causing apprehension of imminent threat or harm in the mind of the other. Assault is the act of creating an apprehension of bodily damage or harm in …

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In Land Acquisition, Land/ Property Law On August 24, 2017

Land Acquisition Land acquisition refers to the process by which union or state govt. in India acquires private land for the purpose of industrialization, development of infrastructural facilities and for urbanization of the area. It also includes acqu …

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In Lal Dora Areas, Land/ Property Law On August 24, 2017

Things you need to know about Lal Dora Areas (Here Reference is made of the Union Territory Delhi) OVERVIEW In 1908, the term “LAL DORA” was firstly used in the context of village land. Lal Dora is a name given to a part of village land which is also a …

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In Rules Governing IPL, Sports Law On August 23, 2017

Indian Premier League was created for the purpose of joy. It is conducted every year in month of April and May. Some rules became essential to be made for its proper working. Although rules keep on changing with time but some of the basic rules governi …

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In Land/ Property Law, WAQF Board On August 23, 2017

When a muslim person under religious faith and for benefit of society donates his property in name of Allah it is called Waqf. Literal meaning of waqf is detention. Thus it means that ownership of the dedicated property is taken from the person and det …

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In Labour Law, Workman Compensation On August 23, 2017

Introduction In today’s era of highly competitive work environment, employee’s rights have also increased. Providing basic facilities to the employee during the course of employment has become a major and mandatory responsibility of an employer. Howeve …

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In Fair Wages, Labour Law On August 23, 2017

Overview : Labour is an important part of the industry. But generally it is seen that they are exploited at the hands of the industrialists. So the Indian Constitution has set the minimum wages that must be paid to the workers. But what is a fair wage …

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In Definition Of Workman, Labour Law On August 23, 2017

“Workman is defined under Section 2(s) of The Industrial Disputes Act, 1947, as any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work, for hire or reward …

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In E.P.F. under Labor Law, Labour Law On August 23, 2017

OVERVIEW Laws regarding Employees Provident Fund in India are governed and controlled by the Employees Provident Fund Act, 1952. It is an act or legislation enacted for the protection of the rights of the working class. EPF Act is applicable to firms o …

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Hacking is one of the types of cyber crimes in India. Cyber crimes basically are the unlawful acts that involve the use of a computer either as a target or a tool or both. These unlawful acts are criminal in nature and are subject to the provisions of …

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Cyber crime is a broad term which is used to define a criminal activity in which computers or computer networks are either a tool or a target or a place of criminal activity. Cyber crimes are the crimes that are committed against individuals or groups …

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In Immigration Law, Permanent Residence On August 23, 2017

Permanent residence is status of visa of a person. When permanent resident status is granted, a person is allowed to live infinitely without any hassle in that country for the time being he is granted this status. Permanent resident does not mean dual …

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In Dual Citizenship, Immigration Law On August 23, 2017

When an individual holds citizenship of more than one country he is said to have dual citizenship. Indian constitution bars individuals from holding citizenship of another country while they are citizens of India. As soon as an Indian Citizen acquire c …

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Introduction Being a state subject, the parliament can exercise power to legislate on ‘air’ only under articles 249 and 252 of the constitution of India. Various states such as Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karn …

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In Deemed University, Education Law On August 23, 2017

An Institution of Higher Education, not listed as a university, can be declared as a “deemed-to-be-university” by University Grant Commission. Any such institution that is ‘deemed-to-be-university’ enjoys the same academic status and privileges as avai …

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Women are an integral part of a society. They have as much rights as men have. Constitution of India guarantees them equal fundamental rights. However, in practice, the plight of women in India is not the same as that of men. In order to make them equa …

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In Crime Against Women, Dowry Death On August 23, 2017

Introduction Dowry death has been one of the most alarming issues in Indian society. We come across huge cases of dowry deaths being filed every day. Dowry death implies the death of a woman due to being constantly harassed for dowry by the husband and …

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Meaning of Monopoly: When one or more big companies are sole seller of a product and no other small business sells that product, they have advantage of changing the situations in market according to their interest, which is called as their monopoly. Ce …

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OVERVIEW Franchising is a process in which franchisor that has developed a unique way of doing business expands its business by giving other person or entrepreneurs (franchisee) the right to use established business model in some other location in the …

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OVERVIEW For an efficient business environment, free and fair competition is one of the basic pillars. In competition, there is a business rivalry between the competitors to attract customers. In today’s world in the interest of the consumer, businessm …

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In Contract Law, Suit for Damages On August 22, 2017

Introduction Whenever a party suffers any injury or loss as a result of any breach of contract, he may claim damages for the loss or injury suffered by him as a result of that act. The major principle forming the base of this scheme is to provide compe …

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In Consumer Law, Deficiency In Services On August 22, 2017

Under the Consumer Protection Act, 1986 deficiency is defined in 2(1)(g) as “any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being i …

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In Certiorari, Constitutional Law On August 22, 2017

A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. In India, the power to issue writs has been vested in the Supreme Court and the high courts. It is …

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In Constitutional Law, Prohibition On August 22, 2017

A writ is a legal document issued by a court or judicial officer. Anything that is issued under an authority is a writ. The Supreme Court may issue writs under Article 32 of the Constitution for the enforcement of Fundamental Rights and under Article 1 …

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Beginning with what is FIR? FIR stands for First Information Report. Whenever any offence is committed, a written document is prepared by the police in pursuit of that offence. This written document is known as an FIR. In other words, it is a general c …

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INTRODUCTION Globalization of the economy has opened up new horizons for the businesses which were earlier a distant dream in closed economy. As business transactions have taken a whole new dimension across the border, hence there are various problems …

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In Civil Law, Enforcement of Decree On August 22, 2017

Introduction Execution is the final stage of any litigation process in civil suit. Basically, there are three stages in whole process of litigation: Initiation of litigation Adjudication and hearing of litigation by the judicial court of law. After the …

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In Civil Law, Civil Revisions On August 22, 2017

Revision means “to look again”. Revision means the act of critical or careful examination or perusal with a view to correcting or improving. The object behind Section 115 is to prevent subordinate courts from acting arbitrarily and illegally in the exe …

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In Banking Law, Mortgage In Banking On August 22, 2017

A mortgage is a legal agreement according to which an authority lends money at an interest in exchange for taking title of the debtor’s property, with the condition that the conveyance of title becomes void upon the payment of the debt. TRANSFER OF PRO …

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In Banking Law, E-Banking On August 22, 2017

INTRODUCTION E-banking is a banking system which offers many services to their customers which includes accepting money, providing various banking services to customers, and providing loans to individuals and companies. As Compared to traditional syste …

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In Banking Law, Dishonour Of Check On August 22, 2017

Meaning Cheque is a negotiable instrument used in place of cash in payments. The amount is deducted from the bank account of drawee. If there are insufficient fund in drawee’s account then the cheque gets dishonoured or returned. The bank of the drawee …

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In Banking Law, Bill Of Exchange On August 22, 2017

Overview Bill of exchange is a type of negotiable instrument in which a written, unconditional order made by one party (drawer) is transferred to another (the drawee) to pay a certain sum of money, either immediately or on a fixed date as mentioned in …

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In Banking Law, Sarfaesi On August 22, 2017

SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 The Sarfaesi Act, 2002 basically was designed to protect the interests of the bank as a creditor. This act provides to protect only secured creditors. …

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In Banking Law, Nationalisation Of Banks On August 22, 2017

MEANING Nationalisation is a process whereby the national government takes over the private assets into public ownership by an Act or an ordinance. 14 commercial banks were nationalised by the Government of India on July 19, 1969, through an ordinance …

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In Banking Law, Promissory Note On August 22, 2017

Promissory Note is the written note made by the payer which contains the promise to pay a certain amount of money on a specified date or on demand to the payee or the bearer of the note. In short it is promise in written form to pay the debt. Requireme …

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In Criminal Law, Defamation On August 22, 2017

Overview Defamation, in simple words, means causing harm to the character of someone by way of words. Defamation can be caused either orally or by written words. Oral defamation is called Slander and a falsely published or written statement which harms …

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In Criminal Law, Private Defence On August 22, 2017

Self-help is the first rule of criminal law. Use of necessary force against the assailant or wrong-doer is legally permissible when immediate state aid cannot be procured. The right of private defense is absolutely necessary for the protection of one’s …

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In Criminal Law, Mischief On August 22, 2017

Mischief is typically known as damaged incurred due to another person’s action(s) or inaction(s). Mischief as a term is often used for offenses of distinct nature defined differently in a number of different jurisdictions. It is a wrongful act describe …

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In Criminal Law, Sedition On August 22, 2017

Section 124 A in Chapter VI of Indian Penal Code (IPC), 1860 deals with the Offence ‘Sedition’. ‘Offences against the State’ under Chapter VI relates sedition. The word ‘Sedition’ is not mentioned or cited in 124A as it is. The Section reads as follows …

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In Anticipatory Bail, Criminal Law On August 22, 2017

Meaning: It is a bail different from normal type of bail. Anticipatory bail is the one in which bail is taken prior to arrest but becomes effective from the time of arrest. As the word anticipation itself speaks that it is in the expectation of some ac …

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Muslim law of succession constitutes four sources of Islamic law – The Holy Koran The Sunna: that is, the practice of the Prophet. The Ijma: that is, the consensus of the learned men of the community on what should be the decision on a particular point …

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In Family Law, Hindu Undivided Family On August 9, 2017

The term ‘Hindu undivided family’ is defined under the Hindu law. The term refers to a family of all persons lineally descended from common ancestors, including wives and unmarried daughters, if any, living together and owning property through ancestor …

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In Disownment, Family Law On August 9, 2017

Disownment is the formal act or condition of forcibly renouncing or no longer accepting one’s akin child as a member of one’s family or kin. It differs from giving a child up for adoption both in that it is a social and interpersonal issue (and therefo …

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Overview Under Hindu law, the effect of conversion of religion to another can be described as follows: (A) Law applicable on Conversion. 1. Conversion to other religion effect on the right to inheritance in the property: In Hindu law a person who conve …

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In Adoption, Family Law On August 9, 2017

The dictionary meaning of the word adoption is ‘the action or fact of adopting or being adopted. Adoption is the act of taking something on as your own. Adoption usually refers to the legal process of becoming a non-biological parent. It refers to the …

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In Reward to informants, Taxation Law On August 9, 2017

Overview An informant is a person who- a) provides specific information regarding tax evasion, b) who helps the concerned authorities to recover assets concerning irrecoverable taxes Government servants can also act as informants but the amount of rewa …

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GENERAL In tax adjudication, the Income Tax Appellate Tribunal (ITAT) is the second appellate authority established under the Income-Tax Act, 1961. The Central Board of Direct Tax has no control over it. The Income Tax Appellate Tribunal is a part of t …

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Overview: India being a federal State, there is division of powers between centre and state. To fulfil their duties they collect resources by applying tax differently. So there is multiple tax system in our nation. But multiple tax system has created a …

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GENERAL In tax adjudication, the Income tax Appellate Tribunal is the second appellate authority established under the Income-Tax Act, 1961. The Central Board of Direct tax has no control over it. The Income Tax Appellate Tribunal is a part of the Mini …

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The WORLD BANK GROUP is an association comprising of five of the world’s largest loan granting international organizations. The group is also an observer at the United Nations Development Group. The headquarters of the group is situated in Washington, …

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In Extradition, International Law On August 9, 2017

Overview When a person commits a crime in one country and flees to another country, then it does not mean that he would not be punished for the crime committed by him just because he is not in the jurisdiction of the territory where the crime is commit …

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In ASYLUM, International Law On August 9, 2017

OVERVIEW The word asylum is Latin and derives from the Greek word ‘Asylia’ which means inviolable place. The term is referred to those cases where the territorial state declines to surrender a person to the requesting state, and provides shelter and pr …

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NEED OF PROTECTION OF WILD LIFE The importance of wildlife to the mankind is undisputed. It is beneficial in various forms such as maintaining ecological balance, conservation of biodiversity, scientific and recreational purposes etc. But with rapid gr …

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Introduction: Water, being a state subject, the parliament can exercise the power to legislate on ‘water’ only under articles 249 and 252 of the constitution of India. Various states such as Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & …

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National Green Tribunal is a specialised forum for the speedy disposal of environment related matters like pollution, forest conservation, etc. It was established in the year 2010 under The National Green Tribunal Act, 2010. The principle bench of NGT …

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NEED TO CONSERVE FORESTS The forests are natural renewable resource. They cover nearly 40% of the world’s land. Forests are useful for various purposes such as providing wood, food and shelter, maintaining ecosystem, water cycle of the earth and ecolog …

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OVERVIEW Imports and exports play an important role in foreign trade of a country. Foreign trade can be defined as exchange of goods and services between the countries, beyond international borders. By Import, we mean physical movements of goods into a …

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ARBITRATION Arbitration is a process of dispute resolution between the parties. It is an alternative to litigation. It is governed by “The Arbitration and Conciliation Act, 1996”. The process of arbitration can commence only if there exists a valid Arb …

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“Alternative Dispute Resolution” is machinery specially designed to provide an alternative to the conventional methods of resolving disputes. The conventional method of dispute resolution i.e. litigation is very technical and time consuming. Thus an at …

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Courts generally grant preventive relief by way of injunctions. It is totally dependent on the discretion of the court. Injunction basically refers to restraining order of the courts directed to a party for not doing certain act or if already begun, no …

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In Contract Law, Injunction On August 9, 2017

An injunction is a judicial process whereby a party is required to do, or refrain from doing, any particular act. It is a remedy in the form of an order of the court addressed to a particular person that either prohibits him from doing or continuing to …

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One of the essential of the valid contract mentioned in Section 10 of the Indian Contract Act, 1872 is that parties should be competent to make a contract. According to section 11 – Every person who has attained the age of majority, according to the la …

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The Consumer Protection Act, 1986 talks about the rights of the consumers. It provides for the promotion and protection of the rights of the consumers. The Act mandates the establishment of following Consumer Protection agencies under section 9: (a) Th …

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WHO IS CONSUMER? According to section 2(1)(d) in the Consumer Protection Act, 1986 (d) “consumer” means any person who: Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferr …

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In Consumer Law, Product Liability On August 9, 2017

Overview The product which is sold in the market should meet some minimum standards. If the product does not fulfil the reasonable expectation of a consumer, then who would be liable for the product? Answer to this question is what is going to be answe …

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MEANING: Jurisdiction of Court refers to the territorial area over which a Court has the authority to decide cases. A Consumer complaint can be filed in the following Courts: District Consumer Disputes Redressal Forum (DCDRF) State Consumer Disputes Re …

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Overview Under Consumer Protection Act, 1986 the State Government is under an obligation to establish a District forum in each district of the State. In a district more than one District Forum can be constituted if required. At present there are 604 di …

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In Today’s developing world, builder plays a very important role in the development of any country. India is becoming modernized at very high pace thus the demand of commercial and housing building is also increasing which is fulfilled by the builders. …

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In Criminal Law, Unnatural Offences On August 5, 2017

UNNATURAL OFFENCES IN INDIA IN PURVIEW OF INDIAN PENAL CODE 1860 Section 377 of the Indian Penal Code deals with unnatural carnal nature. Consent of parties is immaterial and the party consenting is equally liable as an abettor. According to section 37 …

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In Criminal Law, Wrongful Restraint On August 5, 2017

OFFENCE OF WRONGFUL RESTRAINT UNDER INDIAN LAW Through this article we attempt to discuss the offence of Wrongful Restraint under the purview of Indian Penal code, highlighting the key ingredients and bringing clarity on the terms “voluntarily’ and “ob …

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In Criminal Law, Wrongful Confinement On August 5, 2017

WRONGFUL CONFINEMENT AS UNDER INDIAN LAW Wrongful confinement defined under section 340, of the Indian Penal Code is a form of wrongful restraint under which a person is wrongfully prevented from proceeding beyond certain circumscribed limits. For exam …

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In Criminal Law, Robbery On August 5, 2017

OFFENCE OF ROBBERY AS UNDER INDIAN PENAL CODE In layman’s terms, ‘to rob’ implies to deprive a person of his or her property. And one may wonder how at all robbery then is distinguished from extortion or theft? Essentially, in the latter two too, a per …

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In Criminal Law, Rape On August 5, 2017

Our Best Criminal Advocates in Chandigarh for Rape Cases (Section 375/ 376/ 376A, IPC) have been dedicating their sweat and blood to help Rape victims meet justice. At the same time, we have our Best Advocates in Chandigarh who leave no stone unturned …

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In Criminal Law, Negligence On August 5, 2017

THE REQUIREMENTS OF FILING CRIMINAL LIABILITY OF A PERSON FOR CAUSING DEATH BY NEGLIGENCE UNDER SECTION 304A OF INDIAN PENAL CODE IPC – 1860 Initially, the penal Code had no provision for punishment in cases where person caused death of another by negl …

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In Criminal Law, Necrophilia On August 5, 2017

UNNATURAL OFFENCES IN PREVIEW OF NECROPHILIA The term necrophilia, derived from the Greek words nekros (corpse, dead body) and philia (love, friendship) means sexual gratification by having sexual intercourse with the dead and is known to be one of the …

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In Criminal Law, Murder On August 5, 2017

The Best Criminal Advocates for Murder Cases in Chandigarh are the ones profoundly versed into the intricacies of laws related to murder litigation. Ingredients of MURDER under Section 300 of Indian Penal Code. 1) Intention to cause death – The first c …

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‘Mischief’ is defined under section 425 of the Indian Penal Code. In fact, the section corresponds to the offence known in English law as “malicious injury to property” in which malice is presumed from the nature of the act committed and its illegality …

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Section 403 of IPC defines and prescribes punishment for criminal misappropriation. It applies in the cases wherein the possession of property has been innocently acquired but from subsequent intention or knowledge, the retention becomes wrongful, then …

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In Criminal Law, Hurt On August 4, 2017

COMPLETE EXPLAINATION OF HURT AND GRIEVOUS HURT AS PER INDIAN LAW In some cases it takes the best criminal lawyer to draw out a distinction between hurt and grievous hurt and establish it in the court of law. Quite apparently, it is on the basis of the …

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In Criminal Law, Forgery On August 4, 2017

FORGERY AS AN OFFENCE UNDER I.P.C. The offence of forgery comes under offences relating to document and property. Forgery is an offence which traces its origin with invention of writing. Therefore, forging of state seal was made – an offence within the …

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In Criminal Law, Dowry Death On August 4, 2017

UNDER INDIAN LAW VIDE INDIAN PENAL CODE 1860 The offence of dowry death has been added in the Indian Penal Code vide insertion of section 304B, with a view to curb the growing atrocities against woman. One may have to sweep it down the throat real roug …

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IS DEALING INTO STOLEN PROPERTY CONSIDERED A CRIME IN INDIA? In order to discourage theft, acceptance of stolen property and dealing with it has been made a punishable under IPC 1860. Section 411 defines dishonestly receiving stolen property. It states …

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In Criminal Law, Dacoity On August 4, 2017

Dacoity is defined in section 391 of the Indian Penal Code 1860; When five or more persons conjointly commit or attempt to commit a robbery or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present …

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In Criminal Law, Cruelty On August 4, 2017

Various types of Cruelty have been recognized and criminalized under Indian Penal Code 1860 (IPC): Cruelty Against women within the institution of Marriage: Cruelty against women within the institution of marriage poses certain difficulties in proving …

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In Criminal Law, Criminal Trespass On August 4, 2017

Criminal Trespass As Under Indian Penal Code Section 441 to 462 IPC A. Indian penal code deals with the offence of criminal trespass in 22 sections, commencing from sections 441 to 462. Trespass in common language means to go on another’s property with …

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In Criminal Intimidation, Criminal Law On August 4, 2017

Offence of Criminal Intimidation in Indian Law: Under IPC, the offences under which any person threatens another with injury to his person, property or reputation and to avoid that, the other person is made to do an act he is not legally bound to do or …

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Criminal Force as under Indian Penal Code 1860 The term force means exertion of energy producing a change in the other world. Force can cause motion, change motion or cease motion. However, criminal force is defined in section 350 of Indian penal code …

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Sections 405, 406, 407, 408, 409 IPC Explained The best of the criminal lawyers in Chandigarh can inform you that cases of criminal breach of trust are quite commonly filed these days only as a means to bring monetary business disputes within the ambit …

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In Cheating, Criminal Law On August 4, 2017

OFFENCE OF CHEATING UNDER INDIAN PENAL CODE Hawkins defined cheating as: “Deceitful practices in defrauding or endeavoring to defraud another of own right by means of some artful decree contrary to the plain rule of common honesty.” Cheating is defined …

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In Bigamy, Criminal Law On August 4, 2017

Bigamy is an offence under Sec. 494 of IPC and is applicable to both husband & wife. The law against bigamy forbids any person from marrying again during the lifetime of their husband or wife. Section 494 states that: Whoever, having a husband or w …

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In Adultery, Criminal Law On August 4, 2017

Against the personal choices and beliefs, there have been some restrictions which have followed to the modern society of today came with the advent of marriage institution. Which meant union of man and woman to the exclusion of all others. This was tak …

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Section 362 of IPC Abduction is a continuing offence whereas kidnapping is not so. Abduction simply means carrying away a person by force or fraud. Section 362 of IPC states, whoever by force compels, or by a deceitful means induces any person to go fr …

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In Crime Against Women, Voyeurism On July 26, 2017

Section 354 C deals with the offence of Voyeurism which means being happy or deriving pleasure simply by seeing a scene.. Voyeurism means derivation of sexual satisfaction by watching people secretly. If a man watches a woman engaged private activities …

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In Crime Against Women, Stalking On July 26, 2017

Following someone stealthily is called stalking. Generally, the women are a victim of Stalking which has been criminalised by the Criminal Law (Amendment) Act, 2013. This act is also known as anti-rape act. This Act aimed to amend the prevailing law re …

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Women are an integral part of society. The constitution of India guarantees several rights to them such as Right to live a dignified life under Article 21 and under article 16(2), it is written that “No citizen shall, on grounds only of religion, race, …

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History reveals that women were considered a symbol of respect and also a personification of a goddess. But the various instances at present and even of past specifically the cases of crimes against woman do not reflect this. At the same time it also s …

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In Crime Against Women, Molestation On July 26, 2017

Sexually assaulting someone and abusing them is called molestation. Molestation is a gender-specific crime and is considered as an offence against women. When a person uses criminal force or assaults a woman with the intention to outrage or with the kn …

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In India demand of dowry is a curse which is practiced since decades by the society. It is a social evil in which family of husband demand’s dowry from bride’s family which could be in the form of money or property at the time of marriage and sometimes …

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Domestic violence is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Violence by a spouse or partner in an intimate relationship against the other sp …

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Baker v. The City of New York Sandra baker was alienated from her husband. In 1995 the protective orders issued against him – not to molest, threaten or annoy his wife. Once the wife called the police to take action against her husband who was creating …

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Violence against women is the fastest growing crime in India. To deal with it several laws have been enacted including the domestic violence act, 2005. This act seeks to protect against any kind of abuse whether physical, emotional, sexual, verbal, or …

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In ACID ATTACK, Crime Against Women On July 26, 2017

Acid attack is the act of throwing corrosive acid on body of others which damages or melts the skin and flesh of affected area. Acid attack is one of the most prevalent crimes against women. It is a great social evil. It is a sort of worst infliction o …

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In Civil Law, Writs On July 26, 2017

Article 32 was described as “Heart and Soul” of the Indian Constitution by Dr. B.R. Ambedkar. A person can file a writ petition in the Supreme Court under this Article and Article 226 provides for filing of a writ petition in High Court. A person can f …

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In Civil Law, Regular Second Appeal On July 26, 2017

Introduction: Generally an appeal is filed to a superior court when a party is not happy with the decision of the lower court which can be done by both the parties. It is the first appeal which can be filed on the basis of both on question of fact like …

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In Civil Law, Plaint On July 26, 2017

Meaning:Plaint is the written statement filed by the plaintiff explaining his cause of action, claim and all the necessary particulars regarding such cause of action. Essentials of a plaint: given in Order 7 Rule 1. Name of the Court and stating why th …

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In Civil Law On July 26, 2017

The term ‘plaint’ has nowhere been defined in the Code of Civil Procedure. However, it is said to be a statement of claim, a document, by presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the …

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In Civil Law, Legal Notice On July 26, 2017

Meaning: When a case is filed, then it is necessary to inform the opponent party about such suit in a legal way by a notice is called as a legal notice. It is filed only in civil cases. Need of legal notice: A person thinks of so many alternatives befo …

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In Civil Law, Order 2 Rule 2 On July 26, 2017

Order 2 Rule 2 of civil procedure code states that every suit shall include the whole of claim which the plaintiff is entitled make in respect of cause of action, but plaintiff may relinquish any portion of his claim in order to bring the suit within t …

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The Constitution of India provides for equality before the law and equal protection of laws irrespective of gender, caste, creed, and race. When it comes to the equal social status of women in the society, the concept also includes a woman’s right to h …

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Matrimonial Expertise: Best Advocates for Divorce and Family Disputes. Well regarded among the Best Matrimonial Advocates and Best Divorce Advocates in Chandigarh and North-India, we have a plethora of successfully resolved cases to our credit and sati …

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What is the major concern that a Non-Residing Indian (NRI) faces? It’s NOT what the new Indian Prime Minister promises! But, of an illegal encroachment on the property in the old neighborhood. Since an NRI cannot stay in India for a prolonged period of …

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What can the best advocate for Non Resident Indian (NRI) Cases in Chandigarh do for you? To be among the Top Advocates of Chandigarh or be known as Best Advocates in Chandigarh, winning a series of complicated cases is just as much required as utter ho …

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The term necrophilia is derived from the Greek words necros (corpse, dead body) and philia (love, friendship) means: sexual gratification by having sexual intercourse with the dead and is known to be one of the weirdest, most bizarre and revolting prac …

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‘who’s the Best Advocate in Chandigarh High Court?’ – keeps you thinking? We have been working to provide best legal services and helping our clients and litigants since 1982. The relation of B&B Associates and law is an old one. Over the years, we …

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Finally with publication of 248th interim report dated 12th September 2014, of 20th Law Commission, the pruning of anarchic obsolete laws is on the horizon. The venture “Identification of Obsolete Laws” was taken up suo-motu by the 19th Law Commission …

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Is attendance of an accused mandatory in a criminal case? A very vital aspect in every criminal case is that; All the proceedings are supposed to be conducted in presence of the accused. This fundamental principle, on one hand, assures accused of a rea …

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Ever wondered how and when Best Lawyers Invoke Inherrent Powers of High Court? Nothing in the Code of Criminal Procedure limits or effects the inherent powers of the High Court – – to make such orders as maybe necessary to give effect to any order unde …

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It was in 1983 that as a great savior to the fair gender section 498A was incorporated in IPC Indian Penal Code 1860, stating: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with  …

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More than quickly given a YES by a Writ Lawyer? Rethink! With the increasing responsibility of the state into the public realm, for the good of the public, the departments and the works of the administrator had increased. State, legislation, government …

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Order 11 of Code of Civil Procedure 1908, authorizes the parties to deliver list of interrogatories in writing to the other party, with leave of the court and order 11, rule 12 says that the court shall decide within 7 days the fate of such application …

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A saying for judicial systems, courts and even for the best Advocates goes like this; Justice delayed is justice denied. We have seen examples where, unfortunately, the price people pay for getting justice is in terms of a timeline so elaborate that no …

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Section 498A was inserted in IPC in the year 1983 with an intention of protecting married women from being subjected to cruelty by her in-laws. As per the provisions of this section, the relatives of husband or he himself can get imprisonment up to thr …

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With great power comes great responsibility. Under Administrative Law, the government authorities have powers and functions to administer an organization, there is a specified manner in which these powers are to be exercised and the aggrieved persons h …

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In Constitutional Law On July 22, 2017

OVERVIEW Government has three functionary bodies, often called three wings of the government –namely, Legislature or the law making body, Executive– the executor or implementer of laws, Judiciary – interpreter of laws . They are all interlinked organs …

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India is home to diverse religions and marriage is considered to be one of the sacred things. It is a bond which is created by god. No one wants to break this due to various reasons like some do not want to get the stigma of divorce; some think that th …

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In Constitutional Law, Tribunals On July 20, 2017

Tribunal can be defined as an individual or an institution which has authority to judge and to order. Tribunals are not ordinary courts, these tribunals have jurisdiction over very specific matters or can be stated as that they deal with specific matte …

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(Provided in the Article 26 of the Indian Constitution) It may be noted that while Article 25 i.e right to freedom of religion is available to all persons, Article 26 is confined to religious denomination or institution only. Overview The term “religio …

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In Constitutional Law, Natural Justice On July 20, 2017

Meaning: Natural Justice is the basic rule of fairness in proceedings. Whole Constitution is based on the principles of natural justice. It is not a codified law but depends upon the merits of the case. It implies that every person is entitled to fair …

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In Constitutional Law, Habeas Corpus On July 20, 2017

Overview: Article 32 and 226 of the constitution confers writ jurisdiction upon the supreme court and the high court respectively. A writ is a formal order in writing issued under seal, in the name of the government, sovereign, court or other authority …

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Fundamental Duties are defined as moral obligation of every citizen which is to be followed in spirit of nationalism and patriotism. Fundamental Duties were added in the 42nd Amendment of the constitution. These are mentioned in Article 51A. These duti …

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Emergency refers to a situation in which the powers of governance come in hands of president. It refers to the governance as proclaimed by the president under an altered constitutional set up. Indian Constitution consists of provisions for emergency in …

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In the eyes of legal marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts: Hindu Marriage Act, 1955 Special Marriage Act, 1954 Any pe …

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Registration of marriage under Hindu Marriage act, 1955 In the eyes of law marriage is socio legal approval to a couple to live together and start a family. In India marriages are legally registered, here marriage can be registered under two acts: Hind …

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Marriage under Muslim Law Marriage is a union of male and female, which gives them social and legal approval to live together and start a family. Marriage has different meanings and interpretation in different religions, as in Hindus it is considered a …

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Maintenance under Sec 125 CrPc According to Indian law maintenance can be provide to specific classes of society such as wife, children and aged parents. Maintenance is generally allowed by the court to the affected party, just to bear the cost of the …

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In Love Marriages, Matrimonial Law On July 19, 2017

Love Marriages Love is a force of nature blessed by god, which can neither be taken away nor can be forced upon. However much we may want love cannot be demanded, there is very little control of man over love he can command love as much as he can comma …

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IMPLICATIONS OF DOMESTIC VIOLENCE ACT, 2005 The protection of women from domestic violence act grants Indian women more rights and protections than have ever been granted to them in the past. The act gives a very broad definition of domestic violence i …

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In Divorce, Matrimonial Law On July 18, 2017

Divorce is the legal dissolution of marriage by a court or other competent body. It is the ending of the marital relationship. India is a land of different religious communities having their personal marriage laws. All Hindus as well as Buddhists, Sikh …

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Overview There was a time when divorce was possible on the fault, wrongdoing or actions of one person only and he/she was punished for his /her fault. If both the parties were at fault, they could not apply for divorce; they were asked to resolve the d …

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Overview In general, conjugal rights are the rights which are provided to the married couples in relation to their sexual relations during the subsistence of the marriage. Restitution of Conjugal rights is the right to stay together. Section 9 of the H …

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In Criminal Law, White Collar Crime On July 18, 2017

This term was coined by an eminent criminologist Prof. Edwin Sutherland in 1941. White Collar Crimes refer to crimes committed by people of high status in the course of their occupation. The problem is quite acute, both in terms of variety and the exte …

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In Criminal Law, Unlawful Assembly On July 18, 2017

India is a land of rights, a land of freedoms; the country with the lengthiest and the bulkiest constitution. Fundamental rights here are considered as a basic structure of constitution and essence of freedom. Constitution of India gives rights to its …

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In Criminal Law, Theft On July 18, 2017

According to Section 378 IPC “Whoever, intending to take dishonestly any moveable property out of the possession of any person without that per¬son’s consent, moves that property in order to such taking, is said to commit theft.” As mentioned above the …

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In Criminal Law, Suicide On July 18, 2017

“309. Attempt to commit suicide: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.” Overview The ab …

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In Criminal Law On July 18, 2017

Affray An Affray is said to be committed when two or more person starts fighting or start a skirmish in a public place which causes disturbance to public peace. An affray cannot be committed in a private place; also till the second party does not respo …

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In Criminal Law, Public Nuisance On July 18, 2017

Public Nuisance Nuisance is the unjust interference with the ones right to use and enjoy his property this is indirect interference unlike trespass it is not actionable per se, special damage has to be proved. When nuisance is to a person individually …

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Overview Private defense means protecting or defending yourself or another person who may or may not be stranger by using force which, if had been used otherwise, would have resulted in an illegal act. The force can also be used for the protection of p …

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| A CORRUPTION CASE IN INDIA | PREVENTION OF CORRUPTION ACT 1947 India is a large country with a population of 125 crore. It is the second most populous country after China. After the independent in the year 1947, India has developed a lot. However, it …

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In Criminal Law, Juvenile Justice Act On July 18, 2017

Crime committed by minors | Juvenile Justice Act Overview A juvenile is a person who has not completed the age of 18 years. Juveniles are treated under The Juvenile Justice Act for any crime committed by minors. The purpose of this act is to bring reas …

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In Criminal Law, Human Trafficking On July 18, 2017

DEALING WITH THE CRIME OF HUMAN TRAFFICKING IN INDIA The crime of Human trafficking means the practice of illegal transportation of people from one area or country to another. It is mostly done with a motive of forced labor or commercial sexual exploit …

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In Criminal Law, Extortion On July 18, 2017

 THE CRIME OF EXTORTION IS DEALT UNDER SECTION 383-388 IPC Extortion under section 383 IPC refers to the crime which is done to obtain something either in the form of property or in the form of money by way of threat of violence or harm to somebody’s r …

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What Is Criminal Breach Of Trust – Section 405 IPC The offence of Criminal Breach of Trust – section 405 IPC is similar to the offence of embezzlement under the English law. A reading of the section suggests that the gist of the offence of criminal bre …

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What is common Intention under section 34 IPC? Section 34 IPC (Indian Penal Code) 1860: Acts Done by Several Persons in Furtherance of Common Intention Common Intention under section 34 IPC. “when a criminal act is done by several persons in furtheranc …

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In Child Marriage, Crime Against Women On July 18, 2017

As little as one can do, if you come across an instance of child marriage, report it to the police. You need not fear getting involved in a feud. As a matter of right, you may request to maintain anonymity with the Police Authorities. If you have any doubts or apprehensions, call us!

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B&B Associates LLP — a leading law firm in Criminal Defence and Litigation, has put out its Best Advocates in Chandigarh for Anticipatory Bail Matters, to compile all relevant information regarding Anticipatory Bail and the ambit of rights:

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