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Lawyersclubindia Articles


Final report and charge sheet

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC117), the Supreme Court while considering the provisions of Sections 156(3), 169,178 and 190 of the Code held that there is no power, expressly or impliedlyconferred, under the Code, on a Mag ..


Posted in Criminal Law |   3854 Views


Need for LLP

  G. ARAVINTHAN   22 May 2009 at 19:49

For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. The Limited Liability Partnership format is an ..


Posted in Students |   2109 Views


What is Land Acquisition ?

  G. ARAVINTHAN   22 May 2009 at 19:49

Land Acquisition can be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. This acquisition may be against the will of the owners but compensation is paid to ..


Posted in Civil Law |   2133 Views


Investigation by unauthorised officer

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:48

In Crl Appeal no 943/2003 State of MP v. Chunni lal decided on 15th April 2009 FIR was lodged under s. 376, IPC and s. 3, Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. since Post of Dy.SP was vacent ..


Posted in Criminal Law |   1497 Views


“Is the Internet the new “Wild Wild West?”

  G. ARAVINTHAN   21 May 2009 at 23:07

Cyber Crimes and Cyber terrorism: “Is the Internet the new “Wild Wild West?”There can be no one exhaustive definition about Cybercrime. However, any activities which basically offend human sensibilities, can also be included in its ..


Posted in Intellectual Property Rights |   3836 Views


Legal Aid—A Myth Or Reality

  G. ARAVINTHAN   21 May 2009 at 23:07

Seven hundred years old clarion call of Magna Carta- “To no one will we sell, to no one will we refuse or delay the right to justice “very pertinently embodies the principle of legal aid. But it was only when the colonial hangover of the ..


Posted in Constitutional Law |   1482 Views


Transplantation of human organs

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

Transplantation of human organs is governed by Transplantation of Human Organs Act, 1994 (herein after referred as 'Act') read with Transplantation of Human Organs Rules, 1995 (herein after referred as 'Rules').The Act was promulgated to provide f ..


Posted in Constitutional Law |   2181 Views


Blood test in paternity dispute

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

In matters where paternity is disputed, the court must have regard to Section 112 of the Evidence Act. This section is based on the well known maxim pater est quem nuptioe demonstrant (he is the father whom the marriage indicates). The presumption of ..


Posted in Family Law |   2689 Views


The Grey Areas of the IT Act, 2000

  G. ARAVINTHAN   21 May 2009 at 23:06

1. The IT Act, 2000 is likely to cause a conflict of jurisdiction.2. Electronic commerce is based on the system of domain names. The IT Act, 2000 does not even touch the issues relating to domain names. Even domain names have not been defined and th ..


Posted in Intellectual Property Rights |   4552 Views


Conditional legislation and delegated legislation

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:06

In the case of conditional legislation, the legislation is complete in itself but its operation is made to depend on fulfillment of certain conditions and what is delegated to an outside authority, is the power to determine according to its own judgm ..


Posted in Constitutional Law |   37889 Views