EXPLAINING LAW

Lack of awareness, knowledge or intent is neither to be considered nor accepted in economic offences. The submission assiduously presented on gender leaves us unimpressed. An offence under the criminal law is an offence and it does not depend upon the gender of an accused. True it is, there are certain provisions in Code of Criminal Procedure relating to exercise of jurisdiction Under Section 437, etc. therein but that altogether pertains to a different sphere. A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither constitutionally nor statutorily a valid argument. The offence is gender neutral in this case. We say no more on this score…” “…A grave criminal offence or serious economic offence or for that matter the offence that has the potentiality to create a dent in the financial health of the institutions, is not to be quashed on the ground that there is delay in...

The Bill proposes to ban beef sale within a five-kilometre radius of temples areas where non-beef eating communities have a majority. Also, Cows younger than 14 years and calves can't be slaughtered. The proposed law also prohibits the interstate transport of cattle to and from, as well as through Assam without valid documents. The definition of cattle includes "bulls, bullocks, cows, heifer, calves, male and female buffaloes and buffalo calves." The Statement and objective of the Bill reads: " …it has been observed over the years that the ( Assam Cattle Preservation Act, 1950) lacks sufficient legal provisions to deal with the issues arising out of slaughter, consumption and transportation of cattle." Salient features of the Bill Prohibition on the transport of cattle [Section 7] This particular provision states that no person shall transport or offer for transport or cause to be transported any cattle, without a valid permit from- any place of other states thr...

Suppose if a situation arises where you went to the police station to lodge an FIR and the police deny by telling you that the offence committed is not within their local area and suggests you go to another police station in whose local area, the offence has been committed and therefore consequently leads to the delay of FIR resulting the loss of the suspicions and facts. Thus, this article will help the readers to understand the aspect of filing a zero FIR without any difficulties. It was introduced on the recommendation of the Justice Verma Comittee formed at the backdrop of the brutal Nirbhaya gang rape in Delhi in 2012.This puts a legal obligation on the police to begin investigation and take quick action without the excuse of absence of jurisdiction.   What is Zero FIR? § It means that a FIR can be filed in any police station (i.e. Irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate police station having competent...

The blue tick in whatsapp message can be considered as valid prove of receiving and  Summon can be issued by court. So the major question arise now, is whatsapp chat admissible in court? There was a judicial confusion as to whether Section 65B (4) was a mandatory condition. Last year, a 3-judge bench of the Supreme Court settled conflicting decisions on the point to authoritatively rule that at Certificate under Section 65B is a condition precedent to the admissibility of evidence by way of electronic record Arjun Pandit Rao v. Kailash Kushanrao The Supreme Court clarified that Certificate is not necessary if the 'original document' itself is produced (as a primary evidence). This can be done by the owner of a computer, tablet, a mobile phone, laptop computer, But has to step inside the witness box  and prove that the concerned device, on which the original information is first stored, is owned and/or operated by him and has not been obtained fraudulently . However, ...

Motor Car theft Insurance claims. Nothing is more upsetting than getting to know your car is stolen and what is left with you is only your car Key We become upset when our car is stolen. The first thing which struck us is Insurance. The worst is your car is stolen and u also didn’t receive the insurance money. I will try to explain here the few steps which every car owner should take immediately to have an insurance claim not being rejected. The main document for car theft claims:   ·                      Most imp Car keys original- ·                      Original FIR Copy- Download from police website. ·                      Xerox of driving license ·    ...

Now, what happens when you order a product and the e-commerce company delivers a different/wrong product and refuses to return or reimburse you the money? It happens especially with electronic goods Be alert to the fact that scams exist. When dealing with uninvited contacts from people or businesses, whether it's over the phone, by mail, email, in person, or on a social networking site, always consider the possibility that the approach may be a scam. Remember, if it looks too good to be true, it probably is. In one of the cases I phone was ordered and the phone delivered was different. The applicant complaint number of times to customer care and was all in vain. In such a case the first thing one should do is to send a legal notice in many of the cases the company after receiving the legal notice reimburse you the money I have attached a copy of the legal notice sent and the fund was reimbursed and if in remote case if the company did not reimburse you the money the next step...

Divorce was never so easy. whenever we think of divorce the first thing which comes in our mind is long prolonged court room drama. The court with the introduction of divorce by mutual consent is so easy, no one can think of.  The other benefit of divorce by mutual consent besides quick and easy is, that the blame game and court room drama is avoided and the relation is not  deteriorated as its an amicable solution reached by both the party and one has not to describe and take there personal differences and issues in court. First petition, 6 months cool off period to reconcile Second motion. Different laws on divorce for different religion in India. Divorce is covered by personal Law. Christians are governed by  Indian Divorce Act-1869  &  The Indian Christian Marriage Act,1872 . Hindus (which includes Sikh, Jain, Budhhist) are governed by Hindu Marriage Act, 1955. Special Marriage Act,1954. is a secular law which cov...

Add caption The Constitution of India has provisions regarding the right to health. The obligation of the State to ensure the creation and the sustaining of conditions congenial to good health is cast by the Constitutional directives contained in articles 38, 39 (e) (f), 42, 47 and 48 A in Part IV of the Constitution of India. India is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights. The Supreme Court held that Article 21 of the Constitution of India in relation to human rights has to be interpreted in conformity with international law.  (1). Further, Article 25 [2] of the Universal Declaration of Human Rights and Article 7 (b) of the International Covenant on Economic, Social and Cultural Rights has been cited by the Supreme Court while upholding the right to health by a worker. (2).These covenants find statutory acceptance in the Statement of Objects and Reasons of The Protection of ...

Can an outside witness be summoned u/s 160 Cr.P.C.  who is residing in a different district or is in a different state? Krishan Bans Bhadur v. State of Himachal Pradesh , 1975 Cri LJ 620 (H.P.) , an order was issued under Section 160 of the Code of Criminal Procedure requiring the petitioners to present themselves at Police Station Chhota Simla, District Simla in connection with the investigation of a case. The order was served on them in New Delhi. The petitioners were unable to attend at the Police Station in compliance with the order. Consequently, a charge sheet was submitted against the petitioners for an offence under Section 174 of the Indian Penial Code. In the circumstances, the Himachal Pradesh High Court held as under: “Clearly the petitioners are not guilty of any non-compliance with the orders issued under Section 160 of the Code of Criminal Procedure. Section 160 empowers a police officer making an investigation to require the attendance before himself of any person...