October 2019

Jammu and Kashmir to be the Union Territory

The State of Jammu and Kashmir have been divided into two Union Territories, i.e. the Union Territory of Jammu & Kashmir and the Union Territory of Ladakh. The Jammu and Kashmir Reorganisation Act, 2019 has come into effect and therefore from October 31st, 2019, the bifurcation of the State of J&K. The Act was passed keeping in mind the measures which would arise after the Article 370 of the Constitution of India was revoked. Some of the important changes that have occurred because of this separation are: One of the major modification that has taken place...

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PIL filed in SC to take action regarding the bore well deaths

A PIL has been filed in the Supreme Court of India regarding the insufficient operations of the Government in preventing children from falling into open or abandoned bore wells and tube wells. The PIL has been filed after the incident in which a two-year-old Sujith Wilson falls into the open/abandoned bore well in Trichy, Tamil Nadu. The incident took place on 25.10.2019. The boy stopped responding to the vocal calls from the 26th morning. His body was recovered from the borewell on 29.10.2019 in the morning. In 2010 the Supreme Court has passed certain guidelines to prevent the...

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Delhi HC to explain backdated uploading of O-3 notice on website of IP India

The Delhi High Court has recently ordered the Registrar of Trade Marks to explain as to how O-3 notice was uploaded on the website of IP India in a backdated manner. An O-3 notice is sent to the registered proprietor of a trademark as a reminder before the expiry of a trademark's validity under Section 25(3) of the Trade Marks Act, 1999. The petition was filed by Asianet Star Communications Pvt. Ltd. The order has been passed by a Single Judge Bench of Justice Prathiba M Singh. The petitioner stated that the O-3 notice for the renewal of the trademark was not issued...

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Difference between Judicial Custody and Police Custody

The common meaning of the word custody is detention of a person. Custody of a person is of two types of judicial custody and police custody. In both of them the person is detained in the custody of the law and the person is prevented from committing any other further crime or to interfere in the investigation of the case. An accused is kept under police custody and judicial custody according to the rules of the Code of Criminal Procedure, 1973. They are similar yet very different. Police Custody When a person reports/complaints or inform police about any other person than...

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WHITE COLLAR CRIME

INTRODUCTION: White-collar crime is that crime which is committed by the educated people in an organized sector, or any politicians, or educated persons, who all are belonging to the higher class of society during their occupation. This crime also called the crime of educated and professional elites. There are common types of white collar crimes in India from the last few years and how this has become a socio-economic crime. There are some white collar crimes which are involved in the different profession as like in the medical profession, legal profession and education profession. White collar crime is crimes committed by the person...

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Further Investigation under Section 156(3) of CrPC

The Supreme Court in a recent judgment has clarified that a Magistrate has power under Section 156(3) of Code of Criminal Procedure to give directions for further investigation in a criminal case even after it has taken cognizance and issued a summons in the matter based on the police charge sheet. The legal issue which was framed under the case was - Whether, after a charge-sheet is filed by the police, the Magistrate has the power to order further investigation, and if so, up to what stage of a criminal proceeding? The Court stated that there is no legal explanation given...

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Uniform Format for ascertaining Maintenance

The Supreme Court in a recent case sought the Central Government’s response on the filing of a PIL for having a fixed manner to ascertain the maintenance to be given by the husband.  Section 125 of the Code of Criminal Procedure describes the order for the maintenance of the wives, children, and parents. Maintenance is an important aspect in the cases of divorce. It becomes complicated to ascertain it as every case has different facts and issues; therefore it becomes very difficult to calculate the amount of maintenance. The maintenance is not granted to the wife who is able to maintain herself...

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Supreme Court Weekly Round-Up

Some of the decisions given by the Supreme Court in the last week are: Article 14 Does Not Forbid Reasonable Classification for the Purposes of Legislation [Rajasthan State Road Transport Corporation V. Danish Khan] SC observed that Article 14 of the Constitution of India forbids class legislation, not reasonable classification. The Supreme Court upheld a compassionate appointment regulation of Rajasthan State Road Transport Corporation which barred dependents of deceased employees from claiming compassionate appointments in case of death of an employee while travelling in the vehicle of the Corporation. Specific Relief- Mere Extension Of Time For Deposit Will Not Absolve...

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High Courts Weekly Round-Up

The few important decisions taken by different High Courts are: Delhi High Court Former Union Finance Minister P Chidambaram and his son Karti Chidambaram in the appeal filed by Enforcement Directorate against the pre-arrest bail granted to both in the Aircel Maxis case. Gave relief to an employee of a Fertilizer PSU who was required to pay three months' salary in lieu of notice period. High Court while upholding the acquittal of a man accused of raping a woman on the pretext of promise to marry. Justice Vibhu Bakhru observed that continuing with an intimate relationship, which also involves engaging in...

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Relief to Doctors who were denied admission in PG Courses

Delhi High Court has granted relief to two doctors who were denied admissions by NBE on the account of not producing the original copy of their MBBS degree at the time of counseling. There were two Petitioners in this case. One received her MBBS degree within the cut-off period while the other got after the cut- off date. One of the aggrieved petitioners contended that according to a point no. 9 at page no. 19 read with proviso of the Handbook, petitioner could have presented the original MBBS degree certificate even at the time of joining the allotted...

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