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Showing posts with the label ARTICLE

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

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

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

Restitution of Conjugal Rights

  Restitution of conjugal rights By: Robin Pandey                                               Date: 21/February/2022  The expression “Restitution of conjugal rights” means to restore conjugal rights which were enjoyed by the parties previously . The text of Hindu law recognised the principle "let mutual fidelity continue until death" Hindu law enjoined on the spouses to have the society of each other. While the old Hindu law stressed on the wife's implicit obedience to her husband, it did not lay down any procedure for compelling her to return to her husband against her will . It became necessary to find some remedies and procedures so as to see the marriage tie intact and would not be disturbed by some petty quarrels between the spouses. As a measure of positive relief in the form of restitution of conjugal rights, Section 9 of the HMA grants statutory recognition to the right of the couple to have consortium of each other. Anyone spouse leaving the other without just

Assisted Reproductive Technology Bill

                 Assisted Reproductive Technology Bill To curb and curtail the practices of exploiting the women, the Government of India has also introduced the bill named as Assisted Reproductive Technology Bill, 2021 which was passed by the Lok Sabha on December 1. It was initially introduced in September 2020 but passed now. The bill seeks to regulate Assisted reproductive technology clinics with requisite facilities and registered medical practitioners practicing with the National Medical Commission and banks which is involved in the collection and supply of sperm or semen and oocytes or oocyte donors to the ART clinics. It is done so to regulate ethical practice in a long unregulated sphere. There are guidelines which are laid by the Indian Council of Medical Research which should be kept in mind but since these are only guidelines which is not backed up by the laws, it is often neglected or ignored. The ART actually refers to all the techniques which attempt to obtain the pregna

Surrogacy Bill

                               Surrogacy Bill There is no second thought or doubt that women are exploited in the name of surrogacy. Their body are sometimes used for making babies for commercial purposes where women are also happy because they get money and obviously the person who is influencing the woman to be a surrogate mother is happy because now he or she can do whatever. In a layman’s language, commercial surrogacy refers to the kind of surrogacy where it is done for the financial benefits and also involves the compensation beyond the medical expenses and insurances at the time of pregnancy. Lately, the government of India realized this by constant pressure from the women groups. They felt the need to stop the exploitation of women by introducing a progressive Bill which will regulate the Surrogacy in India with some more rules and regulations. In 2016, it was introduced in Lok Sabha named as Surrogacy (Regulation) Bill, 2016, but was blocked by the Rajya Sabha . In 2017, it me

Judicial Pronouncements In India And Separation Of Power Theory

  Judicial Pronouncements In India And Separation Of Power Theory Judicial Proclamations in India and the Theory of Separation of Powers This section discusses the evolution of the theory as it has been revealed via a series of court decisions and case laws. It may be concluded from the foregoing discussion that there is no hard and fast rule when it comes to the separation of powers between the legislature, the executive, and the judiciary in the United States. The legislative branch is referred to as a lawmaker, whereas the judiciary is referred to as a law interpreter. The division of authority, jurisdiction, and so on is tacitly established. In Re, Delhi Laws Act, the Supreme Court of India declared for the first time that, unless in cases where the power has been delegated to an organ by the constitution, the principle that one organ shall not undertake functions that belong to another organ is adhered to in the country. Kartar Singh v. State of Punjab, for example, the Supreme Co

Iranian legal system

 Iranian Legal system The principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) states that an act is not regarded a crime and does not warrant punishment unless the legislator first determines and publishes the criminal title and penalty. Individual security is protected by the legality principle, which ensures basic individual liberties against the state's arbitrary and unlawful intervention. As a result, a criminal court cannot declare an individual's actions to be crimes and assign punishments to them, or impose punishments that are not authorised by the Legislator and are not based on the wording of the law. It is not considered a criminal whether an act is morally rebuked or socially against the public order, and the Legislator is the only authority who may identify such actions as crimes. The Constitution and regular legislation of Iran's legal system, both before and after the Islamic Revolution, have clearly highlighted

INDIAN ENVIRONMENT LAW

                            INDIAN ENVIORNMENT LAW  INTRODUCTION GOVERNMENT OF INDIA IS DUTY BOUND TO PREVENT THE EXHAUSTIBLE NATURAL RESOURCES FROM GETTING EXHAUSTED IN NNO TIME . INDIAN GOVERNMENT IS ACKNOWLEDGED OF THEIR DUTY TOWARDS THE PROTECTION OF INDIAN RESOURCES , THE GOVERNMENT HAS SERIOUSLY GOTTEN AWARE ABOUT ITS ROLE , THE GOVERNMENT HAS FORMED CERTAIN STATUTES TO PREVENT RESOURCES FROM GETTING EXHAUSTED , LIKE THE E NVIORNMENT PROTECTION ACT 1972 , ESTABLISHMENT OF THE NATIONAL GREEN TRIBUNAL  AND DEVELOPMEMNT OF WATER ACTS , AIR POLLUTION ACTS AND MANY MORE WHICH ARE AIMED TO PROTECT THE ENVIORNMENT OF THE NATION FROM GETTING SPOILED .  IN THE AGE PRIOR TO THE STOCKHOLM CONVENTION OF THE UNITED NATIONS THERE WERE ONLY CERTAIN LAWS PRESENT IN THE NATION LIKE THE TORTS AND THE PENAL PROVISIONS FOR THE OFFENCES WHICH WERE DIRECTED TOWARDS THE DISRUPTION OF THE ENVIORNMENT .  AFTER THE 1972 STOCKHOLM CONVENTION THE GOVERNMENT OF INDIA INSERTED CERTAIN ARTICKLES THROUGH AN AME

Domestic Violence

 Domestic Violence Introduction: Domestic Violence is defined as violence between members of the household, such as spouses. An incident or threatening behavior, violence, or abuse between adults who are or have been intimate partners or family members, regardless of gender or sexuality. It defines behaving in such a manner towards a family member or dating partner that seeks to dominate the relationship. Types of Domestic Violence:  Psychological Domestic Violence – It relates to the mind and behavior or the mental and behavioral characteristics.  Physical Domestic Violence – Human Power can be used, that harms the other partner.  Sexual Domestic Violence - Any sexual activity that is undesired by one participant but forced on them nonetheless, especially when considered to be more sustained or frequent than an incident of sexual assault.  Financial Domestic Violence – It creates financial prensure on one partner from the other partner, due to which the victim can’t express the da

Cyber Extortion

                                Cyber Extortion As the lives of people are moving forward at a fast pace, developments in technology is also taking place. And it is not only in India or in some other particular country, it is happening worldwide. With these developments taking place, crimes are also increasing with that. Now, the people have made a business to stalk a person and then attack on them virtually. After attacking, they blackmail them and extort money or some other thing in return to stop doing what they were doing. This is known as Cyber Extortion. In this, they first capture the computer, software or any network, generally through the kind of ransomware and distributed denial-of-service and then gain the necessary information regarding it. After that, it is used for blackmailing. There are many types of Cyber Extortion which take place in the society such as: Ransomware- In this kind of attack, first the attacker tricks the victim into opening a particular website or a cor