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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Candid view on terror

We have felt the impact of terror in our lives. One hears the bomb blast in the neighbourhood and is scared. Another person nearby may have lost a limb and just next door a friend may have lost life. Scary scenes these are indeed. Of course, metropolitan cities like Mumbai and Delhi have been worst hit in India and globally speaking it is New York City that bore ..

Posted in articles |   3 comments |   624 Views


Case Laws, approach as to citing

1. Case laws are very important tools to strengthen and establish our case in the court of law.   2. The judges whilst confronting with the factual backdrop of a case, if so necessitated, whilst applying the principles of interpretation of law, interpret and gather the letter and spir..

Posted in articles |   5 comments |   1893 Views


The Plight of Mentally Challenged Persons - My Experience

Government of India and State Governments are extending benefits to handicapped persons in their own way. But, whether it reaches the beneficiaries is a big question.  All handicap are viewed and weighed in the same manner, which is also not correct.  For example, being a father of a Mentally Challenged Girl, I would like to narrate my own experience:..

Posted in articles |   9 comments |   1006 Views


SARFAESI Act - Is it an infringement in to human and constitutional rights?

The purpose of law is to ensure the dignity of human beings and to enable them to lead a decent life as free citizen having their human rights and constitutional rights protected and upholding the principles of natural justice. But the way the SARFAESI Act is interpreted and implemented by the secured creditor, authorised officer and the presiding officer of DRT and e..

Posted in articles |   21 comments |   2041 Views


No automatic arrest in 498A complaints

In the recent landmark judgement by the Apex Court, it was directed that there should not be any automatic arrest for cases under section 498A of the IPC until provisions of Section 41 of Cr.PC are satisfied.   Section 498A of the IPC was inserted in the code in 1983 with a b..

Posted in articles |   9 comments |   4127 Views


Presumption of law & burden of proof in special reference to cheques

The presumption of law and consequent burden of proof has significant bearing on the length of any litigation and also on the outcome of the litigation. Just to indicate the crucialness of aforesaid legal expressions, whereas a presumption of law has the effect of shifting the burden of proof, a misplaced burden of proof may frustrate the whole trial and may resu..

Posted in articles |   6 comments |   1902 Views


Benefits of legalizing prostitution

Recently there was a news article that a proposal was to be put before the Supreme Court Panel for legalization of prostitution. This has sparked a debate on legalization of the trade. Around 50 countries such as Austria, Belgium, Denmark, France, Germany, Greece have legalized prostitution and about 11 countries such as Australia, Iceland and India hav..

Posted in articles |   14 comments |   2361 Views


To rape a minor or not, her choice!

I came across this article titled, Woman booked for ‘raping’ son’s teen pal, wherein it is stated that she spiked the minor boy’s drink and then raped him (oh! Sorry, rape is a wrong word here. She forced the minor boy to keep physical relationship, as definition of rape does not include forceful intercourse with a male). She als..

Posted in articles |   12 comments |   4060 Views


Is Cheque Bouncing a Crime?

Can one pin-point an evil mind in all cases of cheque bouncing?   There are two types of cases that come before our courts of justice. There are civil litigation cases and those that involve crimes. The trial courts are different for these two types of cases...

Posted in articles |   11 comments |   2511 Views


Can Domestic Violence be filed against Daughter-in-law?

As per a HelpAge India report, daughter-in-law emerged as the major abuser of the elderly. Now abuse of a daughter-in-law is protected under various special laws of the country, whereas no such law is for the elderly. An interesting question arises, can an abused elderly mother-in-law take protection of any law against abuse by her daughter-in-law? p st..

Posted in articles |   27 comments |   2724 Views


Musings in the contemporary essays on historical perceptions of various eminent men in history

Callhoun, South Carolina statesman, declared, ‘ Washington was one of us - a slave holder and a planter.We have studied his history , and find nothing in it to justify submission to wrong ….On the contrary , we find much in his example to encourage us - , should we be forced to the extremity of deciding between submission and disunion.’’.....

Posted in articles |   2 comments |   529 Views


Audi Alteram Partem - No one should be condemned unheard

Audi Alteram Partem in simple words means ‘hear the other side’. It is the most fundamental principle of Justice which states that no one ought to be judged without been given an opportunity to be heard. According to Fortescue J.[1], the first hearing in human history was given in the Garden of Eden. His Lordship observed : Even God himself did not pa..

Posted in articles |   1 comments |   1338 Views


Taking cognizance of third gender & their basic rights

The UN had provided certain benefits for same-sex partners of UN staff and a resolution for opposing the benefits was promulgated which was supported by India. And it brings us back to LGBT rights and the infamous section 377 of IPC.   On April 15, 2014, the hon’able Supreme Cou..

Posted in articles |   2 comments |   719 Views


Positive discrimination for women

As per Article 15(3) of the constitution of India a special enabling provision was made towards the upliftment of women – “Nothing in this article shall prevent the State from making any special provision for women and children”, thereby allowing positive for discrimination for women. The reason for insertion of clause 3..

Posted in articles |   9 comments |   1217 Views


Sexual Harassment at Workplace Act

The Protection of Women Against Sexual Harassment at Work Place Bill (Act) had been passed in the Rajya Sabha recently and has become a law. This Act deals with protecting women from harassment in workplace and providing a safe environment.  Let us now analyse the provisions of the Act in detail – &nbs..

Posted in articles |   3 comments |   1508 Views


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