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Laws of Sedition vs. Freedom of Speech and Expression

Section 124A of Indian Penal Code, 1860 describes the offence of sedition. As per the prescribed section, a Sedition is an act of exciting or attempting to excite the dissatisfaction towards the Government established by law. The offence is punishable with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. In the section the expression “disaffection” includes disloyalty and all feelings of enmity. Mere expression of the disapproval of the administrative or other action of the Government to excite hatred or contempt does not...

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Procedure after Arrest

The Criminal Procedure Code, 1973 provides certain procedure to be followed after arrest to ensure the legality of the arrest. And also to ensure the protection of the honest police officers from the false accusation. Introduction The criminal procedure consists of the pre-trial and post-trial procedures. Pre-trial is the most important stage which determines the material evidence to be available in favor of or against accused. After arrest procedures also ensure surveillance on the authorities making an arrest. In this article, we are going to discuss the post-arrest procedure. Important Sections on the post-arrest procedure Section 41D, 49 to 54, 58, 59 of the...

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WOMEN’S RIGHTS IN PROPERTY

INTRODUCTION: A woman plays a vital, different and equal role in this world as same as the man, as a daughter or a wife or a mother. However, we might not be able to value her roles in the society as it is not in hands of a one-person, for this, we need to change our mentality, thinking, and actions as the whole societies. Though, the least thing we can do to value her role in society is by securing her place in society. Property is a backbone for people to maintain their sustainability of life. In the past, man used to...

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P.Chidambaram sent to Tihar Jail till Sept. 19 in INX Media Case

P. Chidambaram News Update: On Thursday, after a CBI Court ordered for judicial custody, Former Union Minister P Chidambaram was taken to Delhi's Tihar jail for two weeks i.e. till 19th Sept. 2019 in a corruption investigation. 75th Birthday in Jail According to the sources, P Chidambaram, 74 years old, will be in "Jail No 7, ward number 2, cell number 15. More than 700 inmates are lodged in jail number 7” of Asia's biggest prison complex which is Tihar Jail, in Delhi, till 19th September 2019. As per the jail rule book, breakfast will be served between 7 to 8 am lunch...

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LGBT: ONE YEAR OF FREEDOM

INTRODUCTION Last year on this day, the Supreme Court gave one of the historic judgments of the country by decriminalizing Section 377 of Indian Penal Code, 1860. Section 377 referred to Unnatural offences. As per the section whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. History In 2009, the Delhi High Court passed a judgment. It was declared in the case of NGO Naaz Foundation...

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CONSUMER PROTECTION ACT 2019 VIS-À-VIS 1986

INTRODUCTION: In August 2019, the Consumer Protection Act, 2019 repealed the 1986 Act. Because of the changing economic liberalization, globalization of markets and digitalization of products and services the Act was amended from time-to-time. But, its practical implementation was far from fulfilling its objective of providing better protection of the interests of consumers. Keeping the same objective in mind, the legislators this time has expanded the scope of the Act by bringing within its purview advertising claims, endorsements and product liability all of which play a fundamental role in altering consumer behavior and retail trends in the 21st century. Amendments in the Act: "Consumer" The...

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CLAIMS UNDER MOTOR VEHICLE ACT, 1988

The Motor Vehicle Act, 1988 came with the objective of amending the laws related to the Motor Vehicles. There are many issues which come under the preview of the Act and claiming of losses is one such them. The Act provides for the claim of losses which are of two types: Damage to other: Damage is done to the property of someone else which is known as the third party. Damage to self: Damage done to one’s own insured vehicle. This is called “own damage claim” and one is entitled to it if they are holding a package or a comprehensive...

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Criminal Court and its Types

In the previous article, the meaning and types of Civil Courts have discussed. [https://advocatetanwar.com/civil-court-and-its-types/]  The present article will discuss the meaning and types of Criminal Courts. The criminal wrong though committed against one particular person/group but it is as an offence against the entire Society. Therefore, the criminal wrong is more heinous than that of civil or any other wrong. Section 6 of the Criminal Procedure Code, 1973 provides the classes of Criminal Courts. It states that besides the High Court and Court constitutes under any law, there shall be in every state, the following classes of Criminal Courts, namely: 1.Session Court Section 9...

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PUBLIC INTEREST LITIGATION

Introduction: Are you someone who is disappointed with the decisions of government and the policies it is implementing? Do you think, the decisions which taken by Government are causing corruption in place, or violation of Fundamental Rights, or social injustice, etc. Are you interested in changing these things and fix the system through law? If all your answer of the above questions is yes then you can file Public Interest Litigation (PIL). In today’s world, many cases of PIL are being filed. Public interest litigation is most commonly used to challenge the decisions of public authorities by judicial review. What is meant by...

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Civil Court and its Types

Courts implement the laws in such a way as to provide justice to the victim. The hierarchy of Courts is necessary to deal with the numerous numbers of legal issues which arise in the vast country like India. If there will be no hierarchy, then it will become very difficult to manage the cases. The Supreme Court of India deals with the cases at the National level, the High Court deals with cases at the State level and Subordinate courts (Civil and Criminal) deals with the cases at the District and Subordinate level. The two major types of Court are: Civil...

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