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LEGAL CANNOTATIONS OF COVID-19

As it is comprehensible from the definition given by the World Health Organizaton that pandemics such as Covid-19 do have an unchallenging job when it comes to spreading of viruses such as these. Hence, each and every person is envisaged to act responsibly and not to commit any such acts which are likely to cause the spread of infection.  Singer, Kanika Kapor was charged under Section 269, Section 270 and Section 188 of the Indian Penal Code, 1860. Section 269 iterates that any person who unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection...

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Release of Prisoners to de-congest prisons

Keeping in view of the situation of the country about the widespread severe effect of Coronavirus (COVID-19), the Supreme Court asked all the states to consider releasing prisoners for decongesting our jails. The Bench headed by Chief Justice of India SA Bobde directed the states to form a high-powered committee comprising the Principal Secretary of the Home Department, the Chairman of the State Legal Services Authority, and the Director-General of Prisons to consider various steps for de-congesting the prisons. The prisoners whose imprisonment period is less than 7 years can be released on bail or on parole as the committee deems fit. The Court also...

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Four Nirbhaya Case convicts hanged to death

After more than 7 years or 2,651 days to be more precise the four convicts of the Nirbhaya gang i.e Pawan, Mukesh, Akshay and Vinay were today hanged to death in Tihar Jail at 5:30 am. The Nirbhaya Gang Rape case will always be one of the rarest of the rare cases of the country, in which a 23-year-old physiotherapy intern was gang-raped by six men (one of them was juvenile) in a moving bus. The incident took place on December 16, 2012. For the first time in independent India's history, four convicts were hanged simultaneously in Tihar Jail. Some of the important...

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Partnership

Partnership

Introduction: What is Partnership? The Partnership Act, 1932 governs the law relating to Partnership. As per Section 4 of the Act, the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all is called Partnership. Persons who have entered into a partnership with one another are called individually, "partners" and collectively "a firm", and the name under which their business is carried on is called the "firm-name". Characteristics and Features of Partnership Firm 1. Minimum of two Persons In a partnership firm, a minimum of two persons is required. As...

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Prisoners have no right to vote

The Division Bench of the Delhi Court comprising of Justice DN Patel and Justice Hari Shankar recently confirmed that the prisoners have no right to vote as mentioned in Section 62(5) of the Representation of the People’s Act, 1951. This was held in the case titled – Praveen Chaudhary vs. Election Commission of India. The petitioner contended that Section 62(5) is violative of the basic structure of the Constitution. The Petitioner argued that under the provision, there was no valid classification between the persons who are in jail and the persons who are on bail or out of...

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Trial Procedure in a Summons Case

Summons Case

As per the Code of Criminal Procedure, 1973, there are three types of trial: Warrant case trial Summons case trial Summary case trial As per section 2(x) of CrPC, a warrant case is a case relating to an offense punishable with death, imprisonment for life, and imprisonment for a term exceeding two years. As per section 2(w), a summon case is the one that is not a warrant case. Section 251 to 259 of CrPC deals with the procedure of trial in a summons case. The first step that is mentioned in Section 251 includes that the accused shall be brought before...

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Registration of Adoption Deed

Introduction: Registration of Adoption Deed Section 16 of the Hindu Adoption and Maintenance Act, 1956 provides that if the adoption deed is registered, it shall be presumed that the adoption has been done after complying with the provisions of HAMA. So, it is highly recommended to get the adoption deed registered at the concerned Sub Registrar Office. Moreover, registration of adoption deed is compulsory for applying for visa/passport, etc. It is also necessary for updating the name of the father/mother in the passport and the birth certificate of the child. The unregistered adoption deed cannot be used for the correction/updation of...

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Maintenance Laws in India

Maintenance

Who can claim maintenance? The maintenance can be termed as financial support which is required after the marriage has terminated. A legally wedded wife, children, parents, and another dependent can claim under Section u/s 125 of Code of Criminal Procedure, 1973. But the second wife cannot claim maintenance, because that marriage will be forbidden by law. The second wife can claim the same only if the husband has concealed his first marriage from her. Who cannot claim maintenance? There are also circumstances in which a wife cannot claim maintenance from her husband. Those are: 1. If she is living separately from her husband without insufficient...

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Use of A4 size paper for filing documents with double sided printing

The Supreme Court had recently approved the filing of documents on A4 size papers with print on both sides. The practice of printing on both sides of the paper will be beneficial for both the advocates and the judiciary staff. A decision to this effect has been taken in environmental interest, in a meeting of the Committee for Rationalization of Use of Papers in the Supreme Court of India and for Introduction of Paperless Courts with members of the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates on Record Association (SCAORA). In 2018, a Public Interest Litigation...

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Dismissal of Review Petition under Article 32

The petitioner is a death-row convict in Nirbhaya’s case which relates to the gang rape of the victim in the moving bus in Delhi on 17 December 2012. The trial court imposed the death sentence on the petitioner and other co-accused in September 2013. The High Court vide its judgment dated 13.03.2014 confirmed the conviction of the petitioner and co-accused and also the death sentence imposed upon them. And it was noted that case falling in the “rarest of rare” category. Supreme Court confirmed the conviction and also the death sentence and dismissed the appeal preferred by the petitioner and...

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