Popular Tags

9 Blogs found.
  • Nov 15, 2019
    FALSE CHARGE OF OFFENCE MADE WITH INTENT TO INJURE Whether you will be tried under this offence or not? [Sec.211] False charge of offence made with intent to injure- It occurs if following conditions are satisfied- i- The criminal proceeding must be instituted or the false charge made with intent to injure. ii- Such institution of criminal proceeding or making of a false charge must be without just or lawful ground. ‘A’ made a false petition to the superintendent of police, praying for the protection of the petitioner from the oppression of a police sub-inspector, which may be effected by some departmental action, does not amount to such a false charge.[1] A letter falsely charging a person with having committed an offence was written and posted at Kumbakonam and was addressed to the Inspector General of Police, madras. It was held that an offence in this case could be said to be completed only when the letter reached the office, till then, it could not be said that a false charge has been made.[2]Read More https://shataxiamicuslex.blogspot.com/2019/11/false-charge-of-offence-made-with.html
    4 0 0 376 0/5
  • Nov 14, 2019
    The Constitution of India is the longest written constitution in the world consisting of 448 articles under 25 sections, 12 schedules and 104 amendments. It lays down the framework of distinguished fundamental political code, procedures, powers, structure and duties of government institutions. It is a set of laws which includes fundamental rights, directive principles and duties of citizens. It was framed by The Constituent Assembly which was set up under the Cabinet Mission Plan of 1946 and Dr. B. R. Ambedkar is known to be its chief architect.   The Constitution of India was adopted by the Constituent Assembly on 26th November, 1949 and came into effect on 26th January, 1950. The Constitution bestows legal supremacy as it was created by a constituent assembly and The Parliament cannot override it.   The constitution is unique in its content but has borrowed some of its most salient features from other constitutions of the world. Here are the features that find their roots in other constitutions.   Influence from the United Kingdom Parliamentary Government  England, which is now a constituent country within the United Kingdom, developed the Westminster system of Governance. In it, the Head of State, usually a President is a ceremonial figurehead who is a theoretical source of executive power within the system.   In India, the democratic system of government can be divided into the parliamentary and the presidential system. In the parliamentary system, the executive is a part of legislature that implements the law and shares an important role in framing it.   Concept of single citizenship India has borrowed the concept of Single Citizenship from the United Kingdom which gives single citizenship to its populace. The Indian Constitution says, all the people irrespective of the states or territories in which they reside are the citizens of the country.   Rule of Law The rule of law, along with Parliamentary Sovereignty and court rulings fundamentally defines the United Kingdom’s unwritten constitution.   Rule of Law in India provides that the constitution of India shall be the supreme power in the land, the legislative and the executive.   The Legislative Speaker and their role The speaker of the House of Commons in United Kingdom chairs debates in the Commons Chamber.   In India, the speaker of the Legislative Assembly is the presiding officer of the Lok Sabha and The Chairman heads the Rajya Sabha and the legislative council.   Legislative Procedure In the UK, Public Bill is the most common form of legislation and is introduced by Government Ministers which further brings about change in general law. In India, the legislative process begins with the introduction of a bill, either in Lok Sabha or Rajya Sabha. A bill becomes a law when a majority of members present, approve the bill.   Influence from the United States Bill of Rights   The US Bill of Rights comprises the first ten amendments to the United States Constitution. It includes Americans’ rights in relation to Government. The Indian Bill of Rights extends most of the constitutional protections of Rights to individuals under the jurisdiction of The Indian Government.   Federal Structure of Government In the US, the Federal Government is composed of three different branches namely: Legislative, Executive and Judicial. The Indian Constitution specifies the distribution of legislative, administrative and executive powers between the Central government and the States.   Electoral College The United States Constitution has established a body of electors named The Electoral College which is constituted every four years to elect the President and Vice President of the United States.   With the means of Electoral College, the members of Parliament of India and the Legislative  assemblies of the states and the Union Territories elect their President indirectly every five years.   Independent Judiciary and Separation of powers The Indian Constitution has vested the power individually on the Legislative, The Executive, the Judiciary which is as mentioned in the Constitution of the United States.     Judicial Review Judicial Review is the power of the United States Supreme Court to decide whether a law or executive branches of the Federal Government or any court of the state government is constitutional.   Judicial Review refers to the power of the judiciary to interpret The Constitution to declare any such law or order of the legislature and executive void, if it finds them in conflict with the Constitution of India.   President as The Commander-in-Chief of the armed forces Article II Section 2 of the United States Constitution in The Commander in Chief clause, mentions "[t]he President shall be The Commander in Chief of the Army, The Navy and The Airforce, of the United States, and allied military forces, when called into actual Service of the United States."   In The Indian Constitution, Article 128, Section II, Title IV, it is mentioned that the President is the Head of Foreign Policy, the civil administration, the Commander-in-Chief of the Armed Forces, the National Police and all other Law Enforcement agencies.   Equal Protection of Law in Indian Constitution   The Equal Protection Clause, within the text of the Fourteenth Amendment to the US Constitution states  “nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".   Similarly, Article 14 of the Constitution of India says that The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.    Apart from the UK and US, India has also borrowed salient features from other constitutions of Ireland, Australia, France, Canada, the Soviet Union, Weimar, South Africa and Japan. Some of the features borrowed from these countries can be listed as:   Influence from Ireland       Directive principles of state policy  Influence from Australia         Freedom of trade between states         National legislative power to implement treaties, even on matters outside normal federal jurisdiction       Concurrent List         Preamble terminology    Influence from France         Ideals of liberté, égalité, fraternité    Influence from Canada         Quasi-federal government — a federal system with a strong central government         Distribution of powers between the central and state governments         Residual powers, retained by the central government    Influence from The Soviet Union         Fundamental Duties under article 51-A         Mandated planning commission to oversee economic development     Influence from The Weimar Constitution         The emergency provision under article 356    Influence from South Africa         Amending the constitution    Influence from Japan         Due process     
    2 0 0 1303 0/5
  • Sep 05, 2019
      A crime scene can be any location that is associated with a committed crime. These Crime scenes contain physical evidence that is pertinent to a criminal investigation. This evidence is collected by crime scene investigators referred to as CSI and Law enforcement. But the Crime Scenes are not only limited to a location, But It can also be a person, a place, or an object associated with the criminal activity. Crime scene management is an important skill which is an extremely significant task component of investigation as evidence that originates at the crime scene readily provides a picture of events to the court for considering its deliberations. Four key points to be noted for the management can be given as: a) Note-taking b) Securing a crime scene c) Evidence management d) Scaling the investigation to the event   A successful crime investigation entirely depends upon the collection and analysis of various pieces of evidence. Forensic scientists classify pieces of evidence in different ways and segregate specific ways of dealing with them. One major segregation falls between physical and biological evidence. Where the physical evidence refers to any other item that comes from a nonliving origin, while the biological evidence always originates from a living being. The most important and recurrent physical evidence are fingerprints, tire marks, footprints, fibers, paint, and any other building materials. Biological evidence remains intact and includes only two types; bloodstains and DNA. After recognizing/determining the physical evidence found at the crime scene, it needs to be collected and packaged properly so not iterations are made and after this, utmost care is to be taken that the evidence must be handled tenderly to avoid contamination as far as possible.   Briefly, the shreds of evidence can be four types: Physical Evidence  Testimonial or Personal Evidence Miscellaneous Evidence Corpus Delicti Evidence   The role of forensic scientists starts right from the crime scene from the recognition and recovery of physical evidence is done. As soon as the pieces of evidence reach the Forensic Science laboratory, they are subjected to many experiments for the analysis as per the requirements mentioned by the Investigating officer for every item sent in there. At every crime scene, the range of human activity is diverse that almost anything present can be considered as Physical evidence under one circumstance or the other.    
    1 0 0 640 0/5
  • Aug 26, 2019
    As far now, we have only witnessed the crimes held on earth. Now a crime has been occurred on an unbeknownst jurisdiction. Crime happens where human lives and now we have the finest example, as today first ever crime has been made on outer space. A U.S. astronaut, Anne C. McClain has joined the astronaut programme in June 2013. She has also served in operation Iraqi freedom ,flied approx 800 combat hours on 216 combat missions as Pilot-in-command and Air Mission Commander. NASA is investigating the crime committed in space, which has committed by an US astronaut. She has accessed the bank account of her spouse by a computer kept in International space station. Anne C. McClain while on her training, for NASA's first ever space walk, accessed her alienated spouse Summer Worden’s account. Ms. Summer worden is a Former Air Force Intelligence officer. She lodged the complaint along with Federal Trade Commission in respect of identity theft. Connecting previous records found that there is an ongoing parenting fight amid them. Later on worden’s parents filed a complaint with NASA’s office of the Inspector general. Do you Wanna read this full article, kindly read on my blog and give your valuable feedback
    6 0 0 333 0/5
  • Aug 19, 2019
    Foreclosures and Bankruptcy altogether are two different laws. We’ve tried to curate a brief of both the laws and introduce the concepts for those who aren’t aware of these. A legal process that a lender performs for recovering the due balance of a loan (or interest) from a borrower who has stopped making the payments by forcing the sale of the asset used as the collateral for the loan is called as Foreclosure. Judicial and non-judicial are the two types of foreclosures. Judicial foreclosure: Under this, the lender sends a notification to the borrower of missed payments when the borrower fails to cure the default amount. A lender then can file a lawsuit against the borrower and a “lis pendens” is filed. The case counts under the public record. After the trial, the property is usually sold at public auction randomly. Non-judicial foreclosure: Under this, when the borrower is in default a lender holds the power of sale, which can be executed as the lender desires. The only difference with this type of foreclosure holds is, if a borrower fails to repay the payments, the lender will send a notification for the sale of the property and eventually will sell the property at an auction or out the name of the property in the list of Multiple Listing Service (MLS).  Another legal process in which borrower cannot/doesn’t repay debts to creditors/lenders may seek relief from some or all of their debts, is nothing but Bankruptcy. One thing here is that bankruptcy is imposed by the court order and often initiated by the debtor. As the foreclosure is parted in two types, Bankruptcy cannot be parted or segregated. However, it can be divided into several chapters. Three main chapters in India are: Chapter 7 - Traditional bankruptcy: In this, the borrower/debtor either pay the debts or give up the properties. Chapter 13: If the borrower/debtor has any kind of possible income that can be termed ‘enough’ for the resolution of payment then it comes under Chapter 13 of bankruptcy. Chapter 11: Under this bankruptcy, borrower/debtor or say a company becomes a debtor-in-possession in the association of the concerns.   These are the utmost basics of Foreclosures and Bankruptcy laws. However, these concepts are wide to be explained thoroughly if deep-dived. 
    0 0 0 693 0/5
  • Jul 09, 2019
    For How Long ? Child Support/Help   Child support is a form of support that is often ordered when two parents are no longer living together. It is in the best interest of any child to have financial support from both parents. It is also sound public policy to require that parents support their children so those children do not become wards of the state or otherwise dependent upon state run welfare or support programs. Child support may be ordered even in instances where a parent does not have contact with his or her child, unless that parent has legally surrendered parental rights with the permission of both the court and the other parent. When things proceed further legally, a term Custody comes into existence. Custody is nothing but the act of having all the rights of the minor. Rights of Child support is based on the policy that both parents are obliged to financially support their children, even when the children are not living with both parents. Child support includes the financial support of children and not other forms of support, such as emotional support, intellectual support, physical care, or spiritual support.   Custody depends on four major factors:   1. Safe-Keeping of the minor: Whether the child is kept in a safe environment or not affects to whom the custody will be given.   2. Ethical upbringing: Where the minor will receive an ethical and concrete upbringing is another point for taking the custody of the child.   3. Good Education: If a minor is been given a standard education or not plays the most important part.   4. Econmonic Well-Being: If a parent/guardian has enough economic stability or not decides where the custody will go.   The consideration of paramount importance in a proceeding for the custody of a minor is the welfare of the child. No legal right, preferential right or any other right holds more importance than the well-being of the child. Any court of law grants custody to that party who can assure the court that the welfare of the child best lies with them. The minor’s decision is also taken into consideration!
    9 0 0 312 0/5
  • Jun 18, 2019
    Pure Food And Drug Act (1906)   An Act— For preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes. That the introduction into any State or Territory or the District of Columbia ... of any article of food or drugs which is adulterated or misbranded, within the meaning of this Act, is hereby prohibited?. [Section 2] That the examinations of specimens of foods and drugs shall be made in the Bureau of Chemistry of the Department of Agriculture, or under the direction and supervision of such Bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this Act.... [Section 4] It would not stretch matters to say that the Pure Food and Drug Act of 1906 (P.L. 59-384, 34 Stat. 768), also known as the Wiley Act, stands as the most consequential regulatory statute in the history of the United States. The act not only gave unprecedented new regulatory powers to the federal government, it also empowered a bureau that evolved into today's Food and Drug Administration (FDA). The legacy of the 1906 act includes federal regulatory authority over one-quarter of gross domestic product, and includes market gatekeeping power over human and animal drugs, foods and preservatives, medical devices, biologics and vaccines. Other statutes (such as the Interstate Commerce Act of 1887, the Sherman and Clayton antitrust laws, and the Federal Trade Commission Act of 1914) have received more study, but the Pure Food and Drug Act has had the longest-lasting and most widespread economic, political, and institutional impact. BACKGROUND The passage of regulatory legislation came only after two decades of wrangling and congressional opposition to federal regulation of food and drugs. Three political forces converged to force food and drug regulation onto the congressional agenda. First, consumer movements dominated by highly organized women activists put pressure on legislators to satisfy public wishes.    A second force was the rise of journalism. In 1905 Upton Sinclair's The Jungle, which exposed practices in the Chicago meat-packing industry, sold 1 million copies in its first year after publication. Nearly as important were the articles of Samuel Collins Adams in Collier's magazine on patent medicines and advertising fraud. These and other articles served to highlight the widespread adulteration of ethical drugs as well as of food. The most important force behind the act was a single individual, Harvey Washington Wiley, and the agency he led, the Bureau of Chemistry in the U.S. Department of Agriculture (USDA). Wiley assumed leadership of this division of the USDA in 1883 and soon acquired legal and administrative power over the food, patent medicine, and pharmaceutical industries. Wiley experimented with small-scale programs in food regulation, built a multifaceted coalition behind food and drug regulation, and even helped Adams write his Collier's articles. Congress largely followed Wiley's lead, with opponents gradually giving way to Wiley's political machine. The 1906 act stands as one of the most daring demonstrations of bureaucratic autonomy in the history of the United States. RELATIONSHIP WITH OTHER LAWS The Pure Food and Drug Act was passed on the same day as the Meat Inspection Act of 1906. This act mandated examination of livestock before slaughter as well as analysis of carcasses, and required ongoing USDA inspection of slaughterhouses and processing plants. The Pure Food and Drug Act and the Meat Inspection Act divided administration of food regulation into two bureaus. The Bureau of Chemistry, headed by Wiley, administered most provisions of the Pure Food and Drug Act. The Bureau of Animal Industry, led by Daniel Salmon, carried out federal meat inspections. This division of administrative oversight persists to this day. The USDA still inspects beef and poultry, whereas the FDA inspects most other foods. At the time, the Pure Food and Drug Act of 1906 was the most daunting intrusion by federal authorities into interstate commerce. Although other federal agencies could regulate prices and occupational safety, the USDA was now engaged in the regulation of the very manufacture and sale of products, in addition to advertising. Two subsequent laws, the Food, Drug, and Cosmetic Act of 1938 and the 1962 Kefauver-Harris Amendments, strengthened the 1906 act's legacy of empowering the FDA. Today the FDA regulates one-quarter of gross domestic product, and not a week goes by without an FDA action making news headlines. The economic legacy of the act includes strong consumer safeguards, controls on pharmaceutical and medical device markets, regulatory intervention in the process of pharmaceutical development and advertising, and government oversight of food production and marketing. See also: Federal Food, Drug, and Cosmetic Act; Food Quality Protection Act. REFEREED FROM : encyclopedia.com 
    4 0 0 794 0/5
  • May 31, 2019
    FASHION LAW IN INDIA Indian IP laws, specifically The Copyright Act,1957 and The Designs Act, 2000 gives two kinds of protection in the designer clothes . First is the protection for the drawings on any garment that may not necessarily include the shape/design of the garment itself . @dietsabya highlights this kind of copying by famous designer Nashish Soni onto Alexader Wangny’s slogan. The second category includes the design/shape of the garment itself, attributing to its unique fabric and tailoring. Designers are aggressively pushing to protect their design rights of this category. Rohit Bal in 2017 became the first designer in India to get copyright over his entire collection and the spree was followed by number of other designers thereafter. India is world’s largest and noisiest democracy. Indian textiles and apparels have always been one of the most sought after globally. Currently, the Indian textile industry is pegged at around US$ 120 billion, and is expected to reach US$ 230 billion by 2020.[3] It contributes approximately 2 percent to the country’s GDP and 14 per cent to overall Index of Industrial Production (IIP). The industry has also attracted FDI worth US$ 2.55 billion during April 2000 to June 2017. Just like Indian democracy the fashion industry in India is too diverse. Some have classified the sector as per their purchasing power and social reach namely- “Premier fashion”; “luxury segment”; “Affordable luxury” and “Mains stream brands”. It is thus more relevant today that such a huge sector is not trapped in complex web of laws functioning across domains . Currently it is majorly regulated by Intellectual Property laws – Copyright Act 1957, The Trademarks Act, 1999, Designs Act 2000, and Geographical Indications of Goods (Registration and Protection) Act, 1999, however none of the them is sufficient to deal with the sector in entirety. COPYRIGHT OR DESIGN ? Before the next collection for designers is launched, one question that disturbs the designers the most is how to prevent others from copying their original work which has been produced after rigorous intellectual labour. Whether to seek copyright protection of their original work or get the design registered to ensure its full scale commercial exploitation. This designer’s dilemma came to the courtroom in Ritika Private Limited v. Biba Apparels Private Limited.[5] In this case, the plaintiff, a boutique apparel designer brand, brought a suit against the defendants who have been a leading name in ethnic wear, for an injunction to prevent reproduction,printing, publishing, selling or offering the prints or garments for which the plaintiff claimed to be the first owner. The legal issue raised in this case was that once the copyrighted works of the plaintiff are applied for the making of any dress, and production of that dress exceeds 50 in number, whether the plaintiff losses ownership of her copyright works . The court made a distinction between designs eligible for copyright protection under the Copyright Act, 1957 and the Designs Act,2000. It held that copyright protects the original expression of the “artistic work” and offers limited protection to the commercial exploitation of the same, whereas the Designs Act is the chief tool to protect industrial application of the design, however the design need not to be always original. The court decided the dispute in favour of the defendants and the suit thus dismissed,relying on the bar under Section 15(2) of the Copyright Act, 1957. It was also held that had the facts been different from the ‘application of the designs’ to ‘direct lifting of the design’ the answer would have also differed. Here the ‘direct lifting’ would mean copy pasting the copyright work from its original form. Ultimately the web of IP laws proved to be counterproductive for Ritika Private Limited. The need is being recognised globally to sync the laws relating to fashion industry and develop exclusive programs to make fashion lawyers more aware about their duties and responsibilities and bring consumer sensitization about their choices . The infamous Rana Plaza incident which killed over 1,100 garment workers in Bangladesh highlights the poor labour enforcement by the global fashion leaders such as ZARA and H&M. Thus there is a need for everyone to be aware about legal issues facing the fashion industry ranging from merchandising, distribution and franchising agreements to intellectual property and labour laws. FASHION LAW IN INDIA Noting the rights guaranteed in United States of America and in the European countries, India stands not far behind. The Fashion Foundation of India a newly constituted body consisting of the leading designers from India seeks protection of the Intellectual Property Rights against infringement and rampant copying. The intellectual property regime in India provides for the protection under the design act 2000, the copyright act 1957 and the Geographical Indications of Goods (registration and Prohibition act) 1999. Although there seems to be three different legislation that protect the regime of fashion apparel and designs. The artistic works in the sketches of the designs is protected under the Copyright Act 1957. The Design Act 2000, provides protection to the non functional aspect of n object having visual appearance which include the features of shape configuration, pattern, composition of line and colour pattern. The third schedule of the Design Rules 2001 provides an exhaustive list of products and articles in respect of which an application can be made to the controller. Such design right remains in force for a period of ten years extendable to the certain conditions for a total period of 15 years. CONCLUSION “Fashion goes only in one direction i.e. forward and I am a firm believer in thinking that way too”-Anna Wintour The recent changes in the fashion industry have drawn the attention from the intellectual point of view at the first sight. Time goes by and society is in constant development with growing needs, the different jurists and scholars find the fashion law as one of the relevant entities creating intellectual property rights as the sole protector of fashion designs. The fashion companies must be aware of the different levels of protection granted to different articles and fashion trends.
    4 0 0 717 0/5
  • May 30, 2019
    Justice delayed is justice denied. There is no denying the fact that in India we have a large number of pending cases and if another case trying a serious offence is added to the queue, it would make it difficult for the courts to come follow the smooth functioning of the courts. This is the reason why we require Fast Track courts in India. It is because of the fast track courts why we could avoid delay to serve justice in cases like the Nirbhaya case. Fast track courts are special courts for speedy trials not only in India but in Foreign Countries as well. Fast track courts deal with speedy disposal or solution of cases to make the judiciary more effective and to avail justice as fast as possible. Article 21 of the Constitution of India guarantees right to a fair trial as an aspect of the fundamental right to life and personal liberty. The same is also guaranteed under Article 6 of the Equality and Human Rights Commission. The right to a speedy trial was first mentioned in landmark document of English law, the Magna Carta. The concept of right to speedy trial has grown in age by almost two and a half decades. It deals with speedy disposal of cases to make the judiciary more effective and to impart justice as fast as possible but the goal sought to be achieved is yet a far-off peak. Justice Krishna Iyer while dealing with the bail petition in Babu Singh v. State of UP, remarked, "Our justice system even in grave cases, suffers from slow motion syndrome which is lethal to 'fair trial' whatever the ultimate decision. Speedy justice is a component of social justice since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings. Fast Track Courts main objective is to expeditiously clear the large scale of pendency in the district and subordinate Courts under a time-bound programme.  
    2 0 0 933 0/5