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Showing posts from May, 2022

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

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  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 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

Role of Police in Cognizable Offences and Non-Cognizable Offen

  Role of Police in Cognizable Offences and Non-Cognizable Offences By Shagun Mahendroo What is the difference between a cognizable and a non-cognizable crime? A cognizable offence is one in which the police take cognizance of a crime on their own initiative and without the requirement for court approval. In non-cognizable, police have no jurisdiction to arrest a person for a crime without first obtaining judicial consent. The police can arrest someone without a warrant if they are cognizable. In the case of a non-cognizable offence, a warrant is required for arrest. A court order is not required to begin an investigation in cognizable. In the case of a non-cognizable offence, however, a court order is required before an inquiry can begin. Major crimes that are cognizable are the most serious, whereas non-cognizable offences are less serious. Murder, rape, theft, kidnapping, counterfeiting, and other crimes are all considered cognizable. Non-cognizable offences, on the other hand, incl

Constitution of India

  Constitution of India A Constitution in broader terms is a set of rules, Written That seeks to establish the duties, powers, and functions  It is of the various institutions of government Regulates the relationship between them and Defines the relationship between the state and an individual. Salient Features of The Indian Constitution: A Written and Lengthy Constitution: Earlier it had 22parts, 395 articles, and 8 Schedules. Now it has 25 parts 448 articles and 12 schedules. The Constitution of India is the lengthiest in the world like no other constitution in the world contains as many articles. The Constitution of the United States has 7 articles, China has 138, Japan has 103, and Canada has 107 articles. Single Constitution: It is a self-made and framed constitution. India has a single constitution that is followed by the whole country and it is also recognized as the sacred book of the country. The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Re

Trademark Search

  Trademark search By: Robin Pandey                                                                                                         Date: 21/February/ 2022 “The process of a trademark search is the first step to protect your own intellectual property rights while avoiding a breach of somebody else’s rights . To avoid any kind of ambiguity and also receive a legal opinion as to the risks involved, one should reach out to seek professional help,”   In this era of start-up and entrepreneur culture, there is a booming new innovative idea that is doing unorthodox work in service sector, and other industrial development fields. In order to stand out in the in the crowed you have to create your own identity, separate from others, which will differentiate your product from that of other. We often secure what we own, and if you own a start-up, you need to secure its name. The safest way is to Trademark your domain, but often it has been trademarked by someone else already and you may br