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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 16)

The requirement of the DNA Test will be ordered only after appropriate satisfaction

The Supreme Court comprising of the Justices Ashok Bhushan and Navin Sinha, dismissed the decision of the Andhra Pradesh High Court. The Court said that: "It (DNA Test) is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for the requirement of such test." The brief facts of the case are that the appellants obtained a fake caste certificate and with the help of that fake certificate, the accused obtained the employment as an Additional Assistant Engineer. Therefore, the accused was charged under the various provisions of the Indian Penal...

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Article 370 Scrapped

The President of India in the exercise of the powers conferred by Article 370(1) of the Constitution and with the concurrence of the Government of State of Jammu & Kashmir promulgated the Constitution (Application to Jammu & Kashmir) Order 2019 on 05th August 2019. It states that all the provisions of the Indian Constitution are applicable to the State of Jammu & Kashmir. The Constitution (Application to Jammu & Kashmir) Order 2019, shall come into force “at once”, and shall supersede the Constitution (Application to Jammu & Kashmir) Order 1954. As per the Gazette published by the Ministry of Law and...

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Criminalisation of Triple Talaq challenged in Supreme Court

Criminalisation of Triple Talaq

A religious organisation of the Sunni Muslim scholars and clerics in Kerala Samastha Kerala Jamiathul Ulema has filed a petition in the Supreme Court challenging the Constitutional validity of the Muslim Women (Protection of Rights on Marriage) Act, 2019 [https://mk0barandbenchgqge2s.kinstacdn.com/wp-content/uploads/2019/08/Muslim-Women-Protection-of-Rights-on-Marriage-Act-2019.pdf] which criminalizes the Tripe Talaq. The petitioner has contended that punishing Muslim man for pronouncing “Talaq Talaq Talaq” is violative of Article 14, 15 and 21 of the Constitution. The concept of Triple Talaq is based on Muslim’s religious identity. Violations of Article 14 As per Section 3 of the above-mentioned Act, any pronouncement of talaq by a Muslim husband upon his wife,...

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NGO Registration in India

In India, a trust, Sangathan, Sangh, Society and non-profitable company all full under the umbrella term of NGO. All of these said organization, if they are not for profit, are exempted from filing Income tax. An NGO can be registered under 3 Acts. Companies Act, Indian Societies Act, Public Trust Act of all different states. Legislation Governing Registration of NGO’s The Union of India and the relevant governing body permits the registration of an NGO under 3 laws. Section 8 under the Companies Act, 2013 Society under The Societies Registration Act 1860 Trust under the Public Trust Act of the individual states. All...

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How to file a Bail Application (Regular and Interim Bail)

Bail Application

 INTRODUCTION When police arrest a person accused of a crime. The person has a legal right to file for a Bail, for being considered being released from police custody. Bail is the process of getting released from police custody. To get the bail granted, there are few concept and types of bails which the person has to execute a bail bond along with furnishing securities. The person has to comply with the bail bond and ensure his presence in front of the police or the Court whenever required to do so. Failure to do so can result in termination of the bail. Form 45 The...

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Triple Talaq Bill passed by Parliament

INTRODUCTION Several civil society members and organizations on Tuesday i.e. 30th July 2019 condemned the passage of the Muslim Women (Protection of Rights on Marriage) Bill, 2019, in Parliament. The Rajya Sabha on 30th July 2019 passed the Bill with 99 votes in favour and 84 in against. It was passed in the Lok Sabha on July 25th and now awaits presidential assent. The Bill makes the practice of instant triple talaq a penal offence. Triple talaq allows Muslim men to divorce their wives by uttering the word “talaq” thrice in spoken or written forms, or via electronic communication. The penalty of the offence Firstly,...

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Statutory (Default) Bail

Statutory Bail The grant of Bail is almost always dependent on merit except in cases of statutory or default bail, which is covered in section 167(2) of the Criminal Code of Procedure, 1973 where a trial Court grants bail to the applicant upon failure of the police to submit a charge-sheet within the stipulated time after the arrest. The subsection is further bifurcated to provide for entitlements of an accused of obtaining the bail. Time Period Subsection (a) (i) of this Section provides that 90 days is the maximum permissible custody. When the offense being investigated is an offense punishable with death or imprisonment...

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How to file for Anticipatory Bail?

File for Anticipatory Bail

Envisaged under section 438 of the Criminal Procedure Code, Anticipatory bail is granted to a person who has an apprehension of arrest in a criminal case. Bail is a relief that a person may receive in order to get temporary freedom until the final judgment of the case is delivered. Depending on how grave the allegations are, a person may be able to avoid arrest. A person can apply for the anticipatory bail even before an FIR is filed by the police, on anticipation that the person has grounds to believe he will be arrested in the near future. In cases pertaining to dowry, anticipatory...

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Concept and Types of Bail

Bail is a term which denotes the provisional release of an accused individual in a case in the criminal court, the decision of which is yet to be delivered. It essentially means a security deposit which guarantees that the accused will present himself in the court whenever required to. The objective of arresting someone is to ensure their presence in the Court to ensure the conveyance of justice. However, this guarantee is ensured by the grant of bail as it will ensure the person without violating his personal liberty. Bail is hence conditional liberty which is granted to the accused. Types of...

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VENUE OF ARBITRATION AND JURISDICTION OF HIGH COURT

The Supreme Court held that only the High Court having the jurisdiction over that place can entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for arbitration when parties agree upon a place is as the ‘venue’ of Arbitration. Case: A bench of the Justice R Banumathi and AS Bopanna set aside an order passed by the Madras High Court. In the instant case, the appellant and the respondent in the case had entered into an agreement for sale of iron ore pellets; which were to be loaded from the Dhamra Port, Bhadrak in Odisha and off-loaded in Chennai,...

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