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  • Nov 12, 2019
    On 9th November 2019, the five-judge bench of the Supreme Court of India ended the century-old Ram Mandir/ Babri Masjid dispute with a Landmark Judgement. The apex court passed the verdict in favor of the Ram Mandir and said that the disputed 2.77 acres would be handed to a trust which needs to be formed in the next 3 months. Till then, the disputed land would be owned by the Government of India.   The court has also announced that five acres would be offered in Ayodhya to The Sunni Waqf Board for the construction of a mosque.   The verdict has been widely accepted and has been termed as A Judgement of Balance by many.   Santosh Hedge, a former judge of The Supreme Court and Lokayukta for Karnataka says, “This is the best judgment I could have expected. The Supreme Court has come to a via media. A good decision I must say. In the larger interest of the nation and peace in the society. I think it’s a very good decision. I couldn’t have expected anything better.”  He also added, “Everything should be done in the legal process, in accordance with the law. But if someone takes the law into their own hands, that doesn’t take away the title to the property.”   The apex court also termed the 2010 Allahabad High Court’s division on the disputed land as incorrect. It said that the 2.77 acres of Ayodhya land would equally be divided into three parts, between Ram Lalla represented by Hindu Maha Sabha; the Sunni Waqf Board and the Nirmohi Akhara. The court also observed archaeological evidence from the Archaeological Survey of India which proved that the Babri Masjid was constructed on a non-islamic structure.   On the issue of demolition of the Babri Masjid, the Apex court ruled that both the demolition and the 1949 desecration of Babri Masjid was in violation of the law.  Under Indian law, dual possession is recognized, in that, the land can belong to one and the superstructure can belong to another. On this Sajan Poovayya, Senior Advocate from Supreme Court said,  “Under Indian law, dual possession is recognized. It’s not recognized in English law. So in Indian law, the title to the underlying land can belong to one person and the superstructure can be with another. So, even if the pulling down of the superstructure may have been illegal, someone may still have a claim on the land. This pulling down does not trounce upon the claim of that person to the land. This is what the Supreme Court appears to have held: that the evidence on record shows that the Hindu parties are entitled to the property. On the demolition, there’s a separate criminal proceeding going on. Any kind of punishment could come there. But that proceeding doesn’t trounce upon the title claim of the land by Hindu parties. The Supreme Court appears to have struck the balance.”   The verdict from the Supreme Court has perfectly balanced expectations with secular principles, law, and faith. The court has aptly examined the balance of probabilities and evidence available and therefore, has handed over the title of the land to Hindu parties and in reconciliation, offered double the land to Muslim parties to build a mosque.  Sanjay Hedge, Senior Advocate from Supreme Court echoed, “This verdict showcases the Supreme Court’s craftsmanship and statesmanship. The letter of the law was adhered to, but relief for both Hindu and Muslim groups was provided, taking into account ground realities.”   The Court also ruled that the suit filed by Nirmohi Akhara was not maintainable and had no shebait rights. The Court also ruled that Nirmohi Akhara, however, should be given appropriate representation on the Board of Trustees. The Supreme Court rejected the claim which was made by Shia Waqf Board against the Sunni Waqf Board for the ownership of the Babri Masjid.   The Apex court also said that the Muslim parties, including the UP Sunni Waqf Board, failed to establish exclusive possession of the disputed land. According to it, the Hindu parties furnished better evidence to prove that they had worshipped continuously inside the mosque believing it to be the birthplace of Ram.
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  • Oct 11, 2019
    Transpose:  A person who is already on record as a plaintiff or a defendant seeks his transposition from one capacity to another capacity (i.e. from plaintiff to defendant or vice-versa. Object: Avoid multiplicity of proceedings. How a Transpose can happen? On Application by a party  Court Suo-moto Case law: Dalbir Singh v Lakhi Ram, AIR 1979 P&H 10; Mohanlal v Bhikhabhai,(1978) 19 Guj LR 865; Bhairabendra Narain v Udai Narain, AIR 1924 Cal 251.  Condition to be satisfied before Transpose: It is not whether the plaintiffs agree or object for addition, but whether the presence of such party is required for complete adjudication of the dispute.    CPC order and rules applicable: Order 1 Rule 10(6): Transpose a plaintiff to position of Defendant or Vice-versa. Order 23 Rule 1-A: When a transposition of defendants as plaintiffs may be permitted.   Order 1 Rule 10(6): Transpose a plaintiff to position of Defendant or Vice-versa. High court Amendment – [Karnataka] .-In this application to the State of Karnataka, in Order 1, Rule 10, add the following as a subrule (6):- “(6). The court may on the application of any party and after notice to the other parties affected by the application and on such terms and conditions as it may impose, transpose a plaintiff to the position of a defendant or subject to the provisions of Sub-rule(3), a defendant to the position of a plaintiff.” (w.e.f. 30-3-1967).                     Transpose application Model Format         IN THE HON’BLE COURT OF …………………………………         AT ………………..O.S. No……………………..   ABC                                                         ----- Plaintiff                                 And XYZ                                                          ----- Defendant   Application filed on behalf of Plaintiff/Defendant ………… Under Order – 1, Rule- 10 (6) and R/W Section 151 of Civil Procedure code: For the reasons mentioned in the accompanying affidavit it is prayed that this Hon’ble Court may be pleased to transpose the Defendant no.2 to the position of Plaintiff no.3 in the above case , which would meet the ends of justice.     Date:                                                                 Advocate for Defendant Place:                                          Affidavit IN THE HON’BLE COURT OF …………………………………         AT ………………..O.S. No……………………..   ABC                                                         ----- Plaintiff                                 And XYZ                                                          ----- Defendant   Affidavit of the Defendant no : 2   I, …………………………..S/o Sri……………………………………… Aged about ….. years, working as …….. R/o………………………, Do hereby solemnly affirm and state on oath as follows: I am the Defendant no.2 in the above case and as such I am fully conversant with the facts of the above case. Recently I have been impleaded as Defendant no.2 in the above case …. (State the relationship with respect to the plaintiff) Note: reasons to be mentioned here as per your case fact and circumstances to allow your application. If the Hon’ble Court allowed my application no harm will be caused to the Plaintiff and Defendant no.1. If not allowed I will be put to great hardship, loss and injury.   Therefore, I pray that this Hon’ble Court may be pleased to transpose me to the position of Plaintiff no. 2 in the above case, which would meet the ends of justice.   Identified by me                                               Deponent    Advocate Note: list of documents to be attached forming a Index   Order 23 Rule 1-A: When a transposition of defendants as plaintiffs may be permitted. 1-A. When transposition of defendant as plaintiffs may be permitted: - Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff under rule 10 of Order 1, the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of other Defendants.    Important Case Law with Key notes: Suit for Injunction, the petitioner is free to file a separate suit is untenable. For, the endevour of the court is to stop multiplicity of the litigation, suit which has already proceeded upto certain point can be decided by merely by transposing the defendant in the place of the plaintiff. (Rashid Mohd vs Fakir Mohd & ors on 19 july 2012 Civil Writ petition No. 8084/2011).   Suit for Declaration and Permanent Injunction, the affinity and indentity of interest between the plaintiff and anyone of the defendants, an application on behalf of the proforma defendants having an interest in the suit ought to have been allowed by transposition of them to the category of plaintiff, bearing in mind the averments of the plaint which is in substance goes to show that the parties to the suit are co-sharers in respect of suit property which is un-partitioned and admittedly there has been no partition by metes and bounds.( Amita Paul & ors Vs Smt. Chamali Dutta & Ors on 30 June, 2015 C.O. No. 330 of 2014).   Transposition of defendant as plaintiff , Transposition is normally permissible and necessary in suits between partners for accounts, possession of partnership property or for partition. ( Jethiben w/o Gauri Laxmidas v Maniben w/o Ambalal, 1983 GLH 383: AIR 1983 Guj 194).   When Defendants be transposed as Plaintiff: SC judgment Dhanasundari @ R. Rajeswari vs A.N. Umakanth And Ors on 6 March, 2019)
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  • Sep 20, 2019
    The NRC has set up the whole North-East on fire. And not only north-east but the whole nation has questions to ask the government, why exactly the NRC is being implemented in India? We’ve tried to cover the aspects of the NRC case and segregate it thoroughly by putting it in the series of 3 blogs. The first blog, however, suggests an overview of the Act. The National Register of Citizens (NRC) is outlined as a register maintained by govt. of India that contains names relevant data for the identification of all real Indian citizens. The register was initial ready after the 1951 census of India and since then it's not been updated until recently. The North-East Indian state of Assam has become the first state in India where the NRC has been taken up and updated to include the names of those people whose names appeared in the NRC, 1951 & still alive and/or of their present living descendants having a permanent residence within the state. The purpose of the NRC update in the state of Assam is to identify Indian citizens from among all the present residents of the state thereby leading to the identification of illegal migrants residing in that state, who entered into it after midnight of 24 March 1971. However, the fate of who would not be ready to get his or her name entered within the register is currently a matter beneath judicial and legislative consideration and more or less uncertain. On 3 September 2019, a major opposition party in Bangladesh namely Bangladesh Nationalist Party expressed its view that the people excluded from the National Register of Citizens (NRC) in Assam might be sent back to Bangladesh. The Assam State Coordinator, NRC Prateek Hajela said, "A total of 3,11,21,004 persons have been found eligible for inclusion in the final NRC list, leaving out 19,06,657 persons including those who did not submit their claims. Those not satisfied with the outcome will file an appeal before Foreigners Tribunals." However, there’s a mechanism set up to update the NRC 1951 and it has been developed from scratch owing to the fact that there is no precedence of such a mammoth task ever undertaken in India or elsewhere that concerned identification of real voters and detection of amerciable immigrants using technology since it involved data of over 3 crore people and over 6.6 crore documents. The guidelines under which NRC Update takes up is as follows: 1) Publication of Legacy Data 2) Distribution & Receipt of Application Form 3) Verification Process 4) Publication of Part Draft NRC 5) Complete Publication of Draft NRC 6) Receipt and Disposal of Claims & Objections 7) Publication of Final NRC This is just an overview of the NRC where all the basics are covered. Later, the blog will suggest the repercussions of the implications of NRC.
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  • Sep 10, 2019
    The series of history and present of Ayodhya dispute has successfully traveled several stages. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.  In the first blog, the ancient history of the dispute was discussed thoroughly.  In this middle part of the series, we’ve tried to cover all the events which occurred during the period, right from the start till today, chronologically.In the last one, we’ve written down the current status of the Ayodhya Dispute case and the sentences being said by the officials in the respective discussions.   On 6th September 2019, the SC alluded a plea that seeks the live streaming/recording of the day-to-day hearings happening in the Ram Janmabhoomi-Babri Masjid - Ayodhya Dispute case before the bench led by Ranjan Gogoi, the Chief Justice of India (CJI). The plea is filed by the former BJP leader and RSS ideologue KN Govindacharya. As per the plea, if nothing can be done to this regard at least the apex court should prepare the transcripts of the proceedings for the record and later would be released online. With everything going around, Justices R.F. Nariman and Surya Kant referred the plea to a bench. In his plea, Govindacharya cited the SC September 2018 ruling that court proceedings in the country can be live-streamed. The Ayodhya land dispute case is currently being heard by a five-judge constitution bench headed by the Chief Justice. "This case is a matter of national importance. There are crores of people, including the petitioner, who want to witness proceedings before this court, but cannot do the same due to the present norms in the Supreme Court", Govindacharya mentioned in his petition. The petitioner has said that "This matter has been pending in the Supreme Court for the last nine years, and the public at large is interested in knowing the reasons behind the delay in deciding the cases.” On which Govindacharya gave his opinion that as we are a digital superpower, we as a nation have the means to arrange for live streaming for a case like the Ayodhya Dispute and hearing can be broadcast for all of us!    The status of the Ayodhya Dispute still remains in the dark. And with the increasing delay, the anxieties are growing deeper!
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  • Sep 09, 2019
    The series of history and present of Ayodhya dispute has several stages to be noted. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.  In the first blog, the ancient history of the dispute was discussed thoroughly.  In this middle part of the series, we’ve tried to cover all the events which occurred during the period, right from the start till today, chronologically.    1528: Mughal emperor Babur constructed a mosque and named it as Babri Masjid. December 23, 1949: Lord Ram's idols were planted inside the central dome of the mosque which instigated the court cases from both the parties and hence the land was sealed. December 17, 1959: The Nirmohi Akhara filed a suit seeking possession of the site and claimed to be the sole custodian of the disputed land. December 18, 1961: The Sunni Central Board of Waqf filed a suit claiming ownership of the site from their side of the case. 1984: Vishwa Hindu Parishad (VHP) launched a campaign for the construction of the Ram temple at the Janmabhoomi land. February 1, 1986: Faizabad district court ordered the gates of the mosque to be opened and allowed the Hindus to worship inside. Muslims then protested their move and formed a Babri Mosque Action Committee together. November 9, 1989: VHP laid the foundation of a Ram temple on land next to the Babri Masjid by the followed permission granted from then government of Rajiv Gandhi.  September 25, 1990: Then BJP President L K Advani launched his Rath Yatra from Somnath to Ayodhya for which he was arrested in Bihar’s Samastipur later in November. December 6, 1992: The disputed Babri Mosque was raised to the ground by the karsevaks. April 2002: a three-judge Bench of the high court began the hearing to determine the sole ownership of land. The HC ordered the Archaeological Survey of India (ASI) to excavate the site to determine if the temple was actually built there earlier or not. 2003: ASI found pieces of evidence for the presence of a temple under the mosque. Muslim organizations then disputed the findings. September 30, 2010: The HC ruled the disputed land and divided it into three parts: one-third to Ram Lalla Virajman, represented by the Akhil Bharatiya Hindu Mahasabha, one-third to the Sunni Waqf Board and the remaining to the Nirmohi Akhara. May 2011: The SC then stayed the orders and put an end to the earlier rules. March 2017: The SC levied charges against Advani and other leaders stating that it cannot be dropped in the demolition case and that the case may be revived again. March 21, 2017: The SC said that the matter was sensitive and suggested that it should be settled out in the court. May 30, 2017: Advani, Murli Manohar Joshi, Uma Bharti, Vinay Katiyar were charged with criminal conspiracy in the demolition case. Dec 5, 2017: The SC said it will hear the civil appeals filed by various parties challenging the 2010 Allahabad High Court verdict on February 8. September 2018: The SC rejected the plea for a review of the 1994 Farooqui judgment but then clarified that it would have no bearing on pending title suits. October 2018: The Supreme Court decided that the land dispute case will only be listed before an “appropriate Bench” in January 2019. In what is seen as a setback to the BJP leaders pressing for speedy disposal of the title suit, a Bench consisting of Chief Justice Gogoi and Justices S K Kaul and K M Joseph says, “the appropriate Bench will fix the schedule with regard to the hearing of appeals in the case”. January 4, 2019: The Supreme Court deferred the hearing a bunch of petitions in the Ayodhya title dispute case till January 10. “Further orders will be passed by an appropriate bench on January 10 for fixing the date of hearing the matter,” the Bench said. January 8, 2019: The Supreme Court set up a five-judge Constitution Bench to hear the land dispute case. January 10, 2019: A five-judge Constitution Bench of the Supreme Court heard the Ayodhya land title dispute case, set January 29 as the next date for hearing in the case. The timeline continues…
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  • Sep 07, 2019
    The series of history and present of Ayodhya dispute has several stages to be noted. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.   The history of Ayodhya can be explained better when segregated into periods of time.   The first period is the Gupta period.  In 600 B.C. which was Buddha's time, now called Ayodhya was called Saketa. During this period of time, Kumaragupta or Skandagupta made it their capital city and named it as Ayodhya. Later Kalidasa wrote Raghuvamsa and referred it to Gopratara tirtha. According to Francis Buchanan and Alexander Cunningham, Ayodhya became desolated after Rama's ascent to heaven. Later, it was restored by Vikramaditya.  After this, Pravarasena II, the grandson of Chandragupta II, wrote Sethubandha and he built a temple of Rama at Pravarapura (Paunar near Ramtek) in about 450 A.D.   The second period is the Gahadavala period.  The capital of North India moved to Kannauj after the Guptas and Ayodhya fell into neglect. It was enlivened by the Gahadavalas when they came to power in the 11th century A.D.  Gahadavalas built many Vishnu temples in Ayodhya during their reign, out of which five were present until the Aurangzeb's era. Indologist Hans T. Bakker concludes by this information that there might have been a temple at the supposed birth spot of Rama built by the Gahadavalas.    The third period is the Mughal period. Right after the Gahadavalas period ended, a mosque was built at the supposed birth spot of Lord Rama. The mosque started a discussion stating that it was built in 1528 A.D. by Mir Baqi on the orders of Babur. According to an early 20th-century text by Maulvi Abdul Ghaffar, the young Babur came from Kabul to now Ayodhya in disguise as a Qalandar which is a Sufi ascetic. There he met the Sufi saints Shah Jalal and Sayyid Musa Ashiqanand who then took a pledge in return for their blessings for conquering Hindustan.  Lala Sita Ram of Ayodhya, who had access to the older edition in 1932 had written, "The faqirs answered that they would bless him if he promised to build a mosque after demolishing the Janmasthan temple. Babur accepted the faqirs' offer and returned to his homeland." It is coordinated in Abdullah's Tarikh-i Dawudi that Babur came in the guise of a Qalandar and met the Sultan Sikandar Lodhi in Delhi in the same disguise. And due to this, his name is scripted on the Babri mosque as Babur Qalandar.  On the other hand, Musa Ashiqan's grave is located just next to the Babri mosque and his shrine is made of the same type of black basalt columns used to make the Babri mosque, which indicates that his role in the destruction of the prior temple is valid. While we have had a mosque established to the effect that it was built on the orders of Babur in 1528, there are no other records of the mosque after this period. The Babarnama (Chronicles of Babur) does not mention either the mosque or the destruction of the temple.   At the end of the third period, the first recorded instances in the 1850s of religious violence in Ayodhya occurred over a mosque at Hanuman Garhi. The Babri mosque was attacked by Hindus successfully. An offshoot of the Hindu Mahasabha called Akhil Bharatiya Ramayana Mahasabha (ABRM) In 1946 started an agitation for the possession of the site. Later in 1949, Sant Digvijay Nath of Gorakhnath Math joined the ABRM and organized a nine-day continuous recitation of RamcharitManas which when ended, the Hindu activists broke into the mosque and placed idols of Rama and Sita inside it. On 22 December 1949, People were led to believe that the idols miraculously appeared inside the mosque.   After these events, the dispute was instigated!
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  • Aug 22, 2019
    The Patent law’s history started in India from 1911 right when the Indian Patents and Designs Act, 1911 was enacted. Presently the Patents Act which is implied (1970) came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was once more amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro-organisms. After the modification, the provisions concerning Exclusive marketing Rights (EMRs) have been repealed, and a provision for sanctionative grant of obligatory license has been introduced. The provisions relating to pre-grant and post-grant opposition have been also introduced within the act.An invention about a product or a method that's new, involving inventive step and capable of industrial application can be patented in India. However, it must not fall into the category of inventions that are non-patentable as provided under sections 3 and 4 of the (Indian) Patents Act, 1970. In India, a patent application will be filed, either alone or collectively, by true and initial creator or his party. To qualify for a patent, the invention must meet three basic factors. First, it must be novel. Second, the invention must be non-obvious. Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose.
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  • Aug 16, 2019
    The right to strike is not expressly recognized by the law in India. For the very first time, limited right to strike by legalizing certain activities was provided by the trade union Act of 1926. Recently the right to strike is recognized but only to a limited extent. The right to strike in the Indian constitution set up is not absolute right but it flows from the fundamental right to form a union. As every other fundamental right comes with a manual guide of DOs and DONTs, forming trade unions for giving a call to the workers and provoking to go on a strike can get the state to impose reasonable restrictions and actions accordingly. The Said Act defines the term "strike" as a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise their strike is considered to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 gives certain prohibitions on the topic of the right to strike. The details state that employees of the service shall go on strike in breach of contract without giving a notice of at least six weeks to the employer or give the notice fourteen days prior. And Before the expiry date of strike, specified in any notice as aforesaid or during the pendency of any conciliation proceedings seven days. The right to strike in India is not a fundamental and absolute right in India in any special and common law, whether any undertaking is industry or not. This purely is a conditional right which is only available after certain pre-conditions are fulfilled by the employ, to the employer!  
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  • Aug 13, 2019
    An intergovernmental organization and international tribunal that is situated in The Hague, Netherlands is commonly known as ICC or ICCt which is The International Criminal Court. Jurisdiction has been given to the ICC for the prosecution of individuals for international crimes around the globe of war crimes, crimes against humanity, genocide, and crimes of aggression. When national courts are unwilling or at times unable to prosecute culprits or say when the UN Security Council along with the individual states refer situations to the Court it is intended to complement existing national judicial systems, a judgement cannot be passed but it may exercise its jurisdiction if certain conditions are met accordingly. 1 July 2002 ICC began its functioning. The Rome Statute is a multilateral treaty that serves as the ICC's foundational and governing document. The states and civil society have criticized the ICC and created a lot of problems which include objections about its accusations of bias, jurisdiction, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness.  The Organs of the Court play a very crucial role in the processes. The members of the Organs include: The Presidencycouncil Judicial Divisions Office of the Prosecutor Policy Paper Environmental crimes Registry The President is the most senior judge chosen by the peers in the Judicial Division, and the only person in the judiciary who hears cases before the Court. The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.   ICC is more likely to ensure that the horrendous international crimes, such as war crimes, genocide, crimes against humanity and aggression mustn’t go unpunished and the potential perpetrators will be dissuaded.
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  • Jul 29, 2019
    The blockchain technology is an immutable, anonymous, unhackable, and decentralized ledger. The technology has been in existence for nearly ten years. Blockchain technology is the underlying force behind bitcoin. It is decentralized so that the transactions are recorded across millions of computers and hard drives. Each block of data is linked to a previous block of data, or chained together hence it is named “Block-Chain.” The transaction is synchronized, and all nodes reflect the updated data as it occurs. Once a transaction is validated, the transaction or asset is theoretically immutable because it would be nearly impossible to change all records throughout the chain at the same time. Blockchain proponents hope that the technology will be able to create more sound, tamper-proof and legally unassailable agreements based on smart contract technology. While these won’t end the issue of torts, they should cut down significantly on the number of legal disputes clogging courts and raising lawyer fees for innocent parties. The technology could also reduce the cost of notary services, FOIA requests, and corporate filings, while streamlining and enhancing several other facets of the legal industry. Some of the ways in which blockchain will help are mentioned below: Availability of instant digitalized case laws. Data Protection Minefield Should Come To an End. Blockchain Records are legit and needs no further proofs to validate. Intellectual Property Protection and Micro-Transactions could become easy. Blockchain Law will emerge as a new specialty. Notaries Publication will come to an end. Disputing could end as there’ll be smart contracts. No lawyers will be required physically. House-buying would get easier. Those who are involved in the digital legal sector are ensured that they have a foot in the door with blockchain, so when other traditional openings close, they have a space to step in. The blockchain is the future of the legal industry. In fact every law firm should be looking at the resources and moving their own operations on to the blockchain. It will bring all the benefits of a streamlined operation with a more segregated manner with utmost security and transparency. Along with this blockchain legal specialists could just be the stars of the next generation.
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  • Jul 26, 2019
    Bullying/harassing using electronic devices or means is a form of Cyber bullying Or cyber harassment. It is also known as online bullying. It has become increasingly common, especially among people ranging from the age of eleven to nineteen (Teens). Cyber bullying happens when someone is bullied or harassed over the internet, specifically on social media. Internet trolling is a common form of bullying over the Internet in a tech savvy world like ours, in order to elicit a reaction, disruption, or for someone's own personal amusement. Cyber bullying involves repeated behavior with an intention to harm the victim. Cyber stalking is another form of online harassment in which the perpetrator uses electronic communications to stalk a victim. Cyber stalkers may send repeated messages intended to threaten or harass. It may encourage others to do the same, either explicitly or by impersonating their victim and asking others to contact them. Research suggests that there are also interactions online that results in peer pressure , which can have a negative, positive, or neutral impact on those involved.  Five different types of cyber bullying are jotted down below: Harassment: It involves the bully sending offensive and malicious messages to an individual or a group and is repeated multiple times. Cyber stalking is one form of harassment that involves continual threatening which can lead to physical harassment in the real world. Flaming: Flaming is similar to harassment, but it refers to an online fight exchanged via emails, instant messaging or chat rooms. It is a type of public bullying that often directs harsh languages, or images to a specific person. Exclusion: Exclusion is the act of intentionally singling out and leaving a person out from an online group such as chats and sites. The group then subsequently leaves malicious comments and harasses the one they singled out. Outing: Outing is when a bully shares personal and private information, pictures, or videos of someone else, publicly. A person is outed when his information is disseminated throughout the internet. Masquerading: Masquerading is a situation where a bully creates a fake identity to harass someone anonymously. In addition to this, the bully impersonates someone else too, to send malicious messages to the victim. A person who suffers through cyber bullying can be often seen habitual to one of these symptoms: Sadness and loneliness clutch the mind. Sleep and eating patterns drastically change. Lack of interest in day-to-day activities. Health complaints become more favorable. Teens who are bullied are more likely to struggle personally and at school/universities. Teens may: Skip or even drop out of school. Receive poor grades in the academics. Have deteriorated Self-esteem. Take help of alcohol and drugs to reduce the stress. Depression can develop and play with budding minds. Cyber bullying can be attempted in several ways. Some of the threats are: Sending mean/threatening texts or IMs to the victim. Prank calling someone. Hacking into someone’s gaming or social networking profile.. Being rude or mean to someone in an online game. Spreading secrets or rumors about people online.  Pretending to be someone else to spread hurtful messages online. Bullying can lead to thoughts of suicide, sometimes persisting into adulthood. In one study, adults who were bullied as teens were three times more likely to have suicidal thoughts or inclinations. Teens who are bullied may retaliate through violent measures. A number of organizations are in coalition to provide awareness, protection and recourse for these escalating problems.With an aim to inform and provide measures to avoid as well as effectively terminate cyber bullying and cyber harassment.Anti-bullying charity ,Act Against Bullying launched the Cyber Kind campaign in August 2009 to promote positive internet usage.Not only this but YouTube introduced the first Anti-Bullying Channel for teens called as Beat-bullying in 2007, using the assistance of celebrities to tackle the problems of victims. NGO/organizations are striving to make internet safer. Moreover, the cyber crime is fighting hard each day to prevent the happenings.   
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  • Jul 12, 2019
    Tearing The Relationships Apart : Separation   Legal separation very often judicial separation, separate maintenance or divorce from bed-and-board, is a legal process by which a married couple may formalize an existing separation while remaining legally married. A legal separation is dependent of a court order . In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting or child support if needed. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections for getting the divorce. Legal separation does not directly lead to divorce . The couple might reconcile , in which they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce straightaway. Some states allow spouses to apply directly to the court for a legal separation. One can first file a written petition within the local court. The process then moves forward as a divorce case does. The couples will have to agree to all marriage- related issues. Once all the matters get a clear direction, the court will issue orders and declare the couple legally separated. The common form of separation is made when spouses decide to separate on their own, typically by living apart and separating their finances. They generally enter into a Property Settlement Agreement or Separation Agreement . This method is popular because of the fact that you don’t need court involvement to attain your goals. It’s a voluntary process and most couples resolve their differences through negotiations, often with the aid of attorneys and/or a qualified family law mediator. The choice between divorce and separation is a complicated decision. And always know that divorce laws may differ from state to state, and are always subjected to change within the period of time.
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