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Legal Status of Gambling in India

  Legal Status of Gambling in India By Shweta Nair For entertainment, one of the most popular and favourite option among people is gambling. It is considered by many as a pleasurable pastime yet it also carries with it a negative outlook as it’s a game wherein money is put at risk. Recently, due to the pandemic situation, there has been a profound increase in online gambling activities owing to the comfort of playing while sitting at home and earning money easily through the use of mobile phones and internet. Nevertheless, it also led to upsurge in money laundering and black money too.  In India, the law which regulates gambling is ‘The Public Gambling Act of 1867’ which was enacted during the British times and is still in force. It is a Central Legislation that covers certain states of India wherein all games of chance have been prohibited entirely except lottery and game of skills excluding the states of Goa and Sikkim. Infringing provisions of this act would attract punishment of ja
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Legal Admissibility of Deception Detector Tests in India

 Legal Admissibility of Deception Detector Tests in India By Shweta Nair Crimes in the society are ever-increasing. Whenever we open and read newspaper, we find that there are new types of crimes being committed every day. In short, criminals as well as crimes both are advancing according to the changing times with better techniques in-hand. Along with it, following third degree methods like imposing torture and mental or physical pain in order to retrieve information by the police won’t work presently in dealing with extra smart scientific and technologically proficient criminals. Even the police interrogation and investigation methods must advance along with criminals and crime in order to tackle it rightly. For that, newer techniques with the help of forensic science like the polygraphy test, brain mapping and narco analysis have been developed and adopted. It assists the police and investigating officers greatly in exposing the lies and in interrogating a criminal. Polygraphy test

DOCTRINE OF WAIVER

  DOCTRINE OF WAIVER  BY NUPUR GARG INTRODUCTION  An individual possesses certain legal rights which are conferred upon him either by the constitution, statute or a contract. A Right can be defined as an interest or a claim which gives the individual the power to control the act of others, i.e., to make someone do or abstain from doing an act. An important question arises as to whether these rights can be waived. According to the doctrine of waiver, a person who is entitled to any right or privilege can waive off such a privilege, if he does so together with his discretion. This doctrine operates on the idea that a person is that the best judge of his interest under any legal liability, which he has the knowledge of the results while intentionally abandoning the privilege of such right. But, the doctrine of waiver doesn’t apply to the fundamental rights of the people guaranteed under the Constitution of India. the elemental rights were kept within the Constitution for the general publi

DOCTRINE OF INCIDENTAL AND ANCILLARY POWERS

  DOCTRINE OF INCEDENTAL AND ANCILLARY POWERS BY NUPUR GARG INTRODUCTION  A doctrine is a principle, theory, or position that is usually applied and upheld by courts of law. In Indian Constitutional law also, there are different judicial doctrines that develop over time as per the interpretation given by the judiciary. Unfolding the meaning of the Doctrine of Incidental or Ancillary powers, it refers to the power given to the legislature to legislate on a particular subject which will also include the power to legislate even on the ancillary matters that are reasonably connected to the concerned subject. This doctrine is in addition to the Doctrine of Pith and Substance. The latter is invoked in situations when a subject of one list touches upon the subject of another list as mentioned in the seventh schedule of the Indian Constitution. That means the Doctrine of Pith and Substance deals only with subjects but the Doctrine of Incidental or Ancillary Powers deals with the power to legis

3 Farm Laws

  3 FARM LAWS A huge protest was started especially in the states of Punjab & Haryana against the Farm Laws. The government stated that, these laws will provide more opportunities for the farmers to sell their product anywhere in the country (even outside Agricultural Produce Market Committee) and to anyone they want (even with MNCs). There is no need for any payment of any tax outside the APMCs. These laws were enacted after 2 decades of consultation and research on the farm laws. But the arguments of the farmers are that, no consultation was made by the government regarding the farm laws; these farm laws will not be beneficial to the farmers in anyway, as they can lead to the end of APMCs, farmers’ subsidies and the concept of Minimum Support Price. This will lead to the exploitation of the farmers in long run. Though there are problems in APMCs such as, the place at which they are established, there may be 1 APM for 5 to 10 districts. In such situation, small farmers, sell their

Police Reforms – installation of CCTV Cameras

  POLICE REFORMS – CCTV CAMERAS INSTALLATION There are many instances in the past as well as present, where we can find false imprisonment, planting evidences, fake police report, custodial torture, custodial death, misbehavior, bribing and lobbying, search without warrant and seizure of property, etc. There is a great need to take action against it. In many judgments, the Courts have ordered to establish a controlling authority to look after all these issues and install CCTV Cameras. But, no serious steps were taken. Recently, in the case of Paramvir Singh Saini v . Baljit Singh , the Supreme Court ordered for the installation of CCTV Cameras and recording equipment in police stations and in offices of agencies where such interrogation and holding of accused takes place. This can protect the Fundamental Right i.e., Article 21 of the people either arrested by police or the people who came to complain about something. Right to Life also includes right to live a dignified life and these

Valid Marriage Under Hindu Law

 Valid Marriage Under Hindu Law By Shagun Mahendroo To be valid, the marriage must meet the requirements outlined in Section 5 of the Hindu Marriage Act (HMA). The most important criterion is that both parties identify as Hindus under Section 2 of the Hindu Marriage Act. Requirements: If the following conditions are met, a marriage between any two Hindus can be solemnised:  Neither partner has a living spouse at the time of the marriage.  neither party due to mental condition,  is unable to give valid consent;  has had a mental illness of such a form or severity that he or she is unfit for marriage and childbearing, although being capable of giving legal permission; or  has experienced multiple bouts of insanity  At the time of the marriage, the groom and bride had reached the age of 21 [twenty-one years].  The parties are not in a prohibitory relationship unless each of them has a custom or usage that permits them to marry.  The parties are not sapindas of each other unless ea