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Cognizance of an offence

Introduction An offence can be categorized into different types on the basis of various factors. One such categorization is that of the cognizable offence and non-cognizable offence. Cognizable offences are those offences which are serious in nature. For example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences. And warrant cases are those cases which are punishable with death, life imprisonment with death or life imprisonment and imprisonment not less than 7 years. Cognizable offence: Section 2(c) of Criminal Procedure Code defines that an offence where a police officer may arrest to any person/accused without a warrant, without consent...

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Role of Lawyer in Legal System

Who is a lawyer? A lawyer or attorney is a person who practices law, as an advocate, attorney, civil law notary, counsel, counselor, solicitor, legal executive, or public servant. A lawyer is also an officer in the courtroom. A lawyer represents his client and is bound under the duty of the legal system. A lawyer individually defends a person or entity in various legal proceedings. The legal proceedings may fall into a variety of different categories yet most are either considered criminal litigation or civil litigation. A lawyer is a person who acts on behalf of his client and speaks on the opinion of their client...

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Education Amidst COVID-19

Introduction The implications of the unforeseen challenges which the world is facing during this pandemic of COVID-19 is robust. Every country has its own shortcomings which need to be addressed by their respective governments. In India, one such sector is that of education. Even from the present scenario, the impact of COVID-19 can be seen in education. The youth comprises more than half of the population of India. And now this population has been thrust into an e-learning experiment of unprecedented scale and scope. The mode of online education can be easy for students who live in metropolitan areas but not for...

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Negotiable Instrument vis-à-vis COVID-19

The Covid-19 has affected every sphere of the life of everyone. All sorts of activities are being suspended including the credit-based commercial transactions. The Negotiable Instrument Act, 1881 (NI Act) provides for rules and regulations for one of the widely used payment instrument, i.e the cheque. Section 6 of the NI Act, defines cheque as a cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form. Chapter XVII of the Act illustrates the...

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Financial Emergency and its Impact

Economic and social activities have come to a halt in the entire world including India due to the COVID-19 pandemic. Due to this, the financial catastrophe is getting worse day by day that is why Members of Parliament including; the President, the Vice-President, and the Governors of states have donated 30% of their remuneration for the next one year into the Consolidated Fund of India. In the minds of each and every citizen of the country, there lies a significant question if a Financial Emergency can be imposed. However, Finance Minister Nirmala Sitharaman has ruled out this possibility. But, according to...

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No Special Treatment for Lawyers During Lockdown

Special Treatment

Today, the supreme court refused to entertain the petition filed by advocate Sachin Sharma regarding seeking a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises during the lockdown and observed that special treatment cannot be given to the advocates. After the Court declined the petition, the petitioner has withdrawn the petition and stated that we will withdraw the petition and send the same to the Government. In this petition, the petitioner had pointed out that many lawyers pay rent for their professional premises/rented office space during the lockdown period,...

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‘Mutual Will’ Comes into Effect on The Death of Either of The Joint Testators

High Court of Delhi recently passed a judgment in the case of Vikram Bahl & Anr. vs. Siddhartha Bahl and held that the right of the beneficiary under the mutual will accrue on the demise of either of the executants and during the lifetime of the other executant of the mutual will. "The principle of, a mutual will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law", observed Justice Rajiv Sahai Endlaw while decreeing a suit. In the present appeal, late Wing...

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Time Limit to File Written Statement

Written Statement

Introduction: Concept of Written Statement The word ‘written statement’ has not been defined in the Civil Procedure Code, 1908. According to Order VIII Rule 1 of Civil Procedure Code, 1908 the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file within thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of...

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Full Refund of Flight Tickets Cancelled During Lockdown

Refund of Flight Tickets

Today, the Supreme Court issued a notice in a plea seeking appropriate directions against airlines to refund of flight tickets, which was canceled due to the nationwide lockdown. The petition filed by advocate Jose Abraham with NGO Pravasi Legal Cell submitted that the amount of the flights should be refunded which were booked during the lockdown and before the lockdown. Further, it was also argued that the amount collected by the airlines must be refunded to those who have booked their tickets before lockdown, but it was canceled due to a nationwide lockdown. The action of non-refund of the number of tickets...

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Religious Symbols as Trademark

Religious Symbols as Trademark

Introduction India being a pluralistic country, there are multiple religions, and everyone has faith in their religion. And the religious sign is an important part of religious culture. The Constitution of India also states that India is a secular country i.e the country does not have one specific religion of its own and its citizens are free to follow the religion of their choice. According to Article 25(1) of the Constitution of India protect and secure the right of the citizens to freely profess, practice, and propagate their religion. In India, everyone has a right to freedom of religion, and using the...

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