How to file a Police Complaint

As per Section 2(d) of the Code of Criminal Procedure, 1973 the complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. The explanation of the concerned section also states that a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall...

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Trademark Assignment and Licensing

Trademark licensing is a process of authorizing another person or company for using the rights of the owner as of the registered user for a specified period of time upon the mutually agreed terms and conditions. In consideration, the owner will receive the royalty from the licensee. Section 48 of the Trade Marks Act, 1999 states that the provision of the licensing of the trademark. Another important aspect is that of the transferring of rights. Only some rights are given with regards to the licensed trademark and the exclusive rights pertain with the owner itself. Section 37 deals with the power...

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Doctrine of Part Performance

Introduction There are some instances while performing a contract for sale. The doctrine of part performance deals with the provision where one party has performed his part of the contract and other party breaches the contract. This is essential on the part of the transferee because he had already done his part of the contract and now wishes that the transferor also does the same. Section 53A of the Transfer of Property Act, 1882 states when any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf and the transferee has in done...

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Ayodhya Act: Trust for Temple Construction

A historic judgment passed by the Supreme Court on 09.11.2019 declares that the disputed land will be provided to the Hindu deity, Ram Lalla. The Central Government has been given the responsibility to formulate a scheme for setting up a trust which shall be transferred to the possession of the inner and outer courtyards. This is done as per the Acquisition of Certain Area at Ayodhya Act, 1993. The Sections 6 and 7 of the above mentioned Act give charge to the Government to manage its property by itself or by authorizing a person or body of persons...

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Important decisions of Ram Janambhoomi-Babri Masjid matter

The matter heard today by the Supreme Court of India is an appeal of the decision of the Allahabad High Court which divided the 2.77 acres of land between three parties i.e. Ram Lalla Virajman, Uttar Pradesh Sunni Central Waqf Board and Nirmohi Akhara. But, nobody was satisfied with the judgment, therefore moved to the Supreme Court. The bench who delivered the judgment comprises of Chief Justice Ranjan Gogoi, Justice SA Bobde, who will be the next Chief Justice of India, Justice DY Chandrachud, Justice Ashok Bhushan and Justice S.Abdul Nazeer. This is the second-largest heard case in the history of India....

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Dissenting decision by one judge will not bar the Death Penalty

A review petition was filed by Manoharan whose Death Penalty was upheld by the Supreme Court. In August 2019, the Supreme Court pronounced the death penalty of an accused that kidnapped; gang-raped and then murdered a girl of 10 years of age and her brother who was 7 years old. The decision was given by a three-judge bench comprising of Justice Rohinton Fali Nariman and Justice Surya Kant gave the judgment in the majority and upheld the death sentence of the convict whereas Justice Sanjiv Khanna dissent with the view of the majority judgment. While reviewing the decision, one of the...

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Problems with the Arbitration process

The objective of the Arbitration and Conciliation Act, 1996 is to enhance the speedy, fair and cost-effective trial so that the burden of the Courts is reduced. Lawyers have been encouraging parties to have an arbitration agreement in all their business transaction documents but even after 23 years of the enforcement of the Act, there is a serious lack of adoption of the provisions of the Act. There are various reasons on the point of why the arbitration is not working in India and one such important factor is that there is no encouragement by the Government to pursue the method...

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Freedom of Opinion vs. Right to Privacy

In India, many cases have been filed demanding the urgency to eliminate the online anonymity by prescribing the mandatory linkage of email IDs with various Government ID proofs.  Different petitions have been filed to link social media accounts with that of Aadhar. All these linking of accounts are because the cyber crimes in India are increasing day by day. All the fake accounts made by the people are used to extort money, defame or exploit the other person. In a recent development, the High Court of Delhi passed an interim ex-parte order asking a major social networking service,...

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Why Women won’t leave violent partners in matrimony?

Any sexual, physical, mental or emotional abuse or controlling behavior is considered to be a violent act. This, when done by intimate partner behavior, is known as intimate partner violence.  Women are mostly affected by this. Perpetrators consist of not just men, but families and near ones too. In India, the values of customs and family practices are so prevalent that no amount of education can get rid of this malpractice. The problem overwhelmingly affects women world over which is evident in the data presented by the World Health Organization (WHO). As per WHO, around 35% of women in the world have...

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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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