LEXIS AND COMPANY

  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 th...

 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 unles...

  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, ...

  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, Democ...

  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, separat...

  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 recogni...

                 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 AR...