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PRE-ARREST NOTICE - SECTION 41-A OF CRIMINAL POCEDURE CODE

PRE-ARREST NOTICE - SECTION 41-A OF CRIMINAL POCEDURE CODE -         By Kishan Dutt Kalaskar  Under Article 21 of the Indian Constitution, the right to life has been offered a principal status by the judiciary. Article 21 and 22 ensure against arbitrary detainment and arrest and the legal judiciary now. In a few cases, it has defended this interest and restricted the leader's power to make pointless arrest and confinement. Police have been charged over and over for making an unlawful arrest with no justification, and because of this, an average person, particularly from lower strata of society, needs to suffer a greater amount of this since he/she doesn't know about the law at the hour of arrest and the subsequent reason being that he/she can't draw in an Attorney soon the arrest is made, due to which the Police utilizing their capacity, abuse individuals under their authority and gets away with it without any problem. This Read More

NRI's Power of Attorney to sell property in India

There might be numerous occasions in an individual's life wherein he may be required to manage assets, properties, financial balances, and so forth, however,under certain circumstances, he may not be in the right condition to fittingly execute his/her obligations because of unanticipated conditions like being sick, being abroad (in the event of an NRI) or the individual is too old to perform his obligations. Therefore, during conditions where a monetary exchange must be completed, in situations where the presence of the individual who cannot show up actually, at that point the primary arrangement towards this is to delegate his powers, i.e., to act on behalf of the person. This procedure of delegation of power is called Power of Attorney (POA).An unanticipated circumstance where the legitimate proprietor cannot use his capacity is the point at which a Power of Attorney deed is executed. This practice is exceptionally famous for transferring one's powers to a trustworthy and honourable Read More

Forestry in India

KETKI JALTARE

‘I speak for the trees for they have no tongues…!’    - Dr. Seuss (American Author)  INTRODUCTION:  Forestry in India is a significant rural industry and a major environmental resource. India is one of the ten most forest-rich countries of the world. Together, India and these other 9 countries account for 67 percent of total forest area of the world. India's forest cover grew at 0.20% annually over 1990–2000, and has grown at the rate of 0.7% per year over 2000–2010, after decades where forest degradation was a matter of serious concern. As of 2010, the Food and Agriculture Organization of the United Nations estimates India's forest cover to be about 68 million hectares, or 22% of the country's area. The 2013 Forest Survey of India states its forest cover increased to 69.8 million hectares by 2012, per satellite measurements; this represents an Read More

Advise to revisit contracts and the law to avoid present legal tensions in future post Covid.

Paul P P

Force Majeure and its Applicability? Force majeure events are those beyond the control of the parties to the contract, which typically free parties from fulfilling contractual obligations, when prevented by such an event. While commonly mistaken to mean an “act of God” the expression force majeure extends beyond natural calamities to labour unrest, lockdowns, governmental actions etc., which are of course man-made. While the lockdown scenario that the nation was under may certainly be brought under the broad concept, what is important to note here is that it is a creature of contract between parties. Therefore, to be available as a tool of relief to a contracting party, force majeure must be expressly provided for and appropriately defined in the contract.  Doctrine of Frustration: Generally, where contracts do not have force majeure clauses, parties rely on the doctrine of frustration set out under Section 56 of the Indian Contracts Act, 1872 (“ICA”). Read More

Employment Contract – Validity of Employment Bond

Employment Contract – Validity of Employment Bond By Kishan Dutt Kalaskar An employment contract is an agreement that discusses in detail the working rapport of a company and an employee. It helps both parties to comprehend their obligations and the stipulations of employment. Importance A good quality employment contract is valuable to both the employee and the employer. It spells out the privileges and obligations of each party, protects the job security of the employee and protects the employer from certain risks such as the discharge of confidential employer information after the period of employment ends. Some jurisdictions require employment contracts for particular positions.  i)      Term- Most employment contracts have a specific term of employment. This assures that employeeshavea secured position in the company as long as they do not disobey the terms of the contract, and also permits employers to release the employee at Read More

Police Clearance Certificate

A Police Clearance Certificate (PCC) is an official record given to a person by the Indian Police or an approved Indian Government official. It recognizes any criminal records that an individual may have against their name and, gives a clearance certificate if such records are clear which, might be needed for Indian or foreign nationals who are residing or have resided in India,for the following purposes:   ·        Going after professional jobs requiring freedom   ·        Looking to move or get visas of different nations   ·        Fulfilling an organization's solicitation   An Indian PCC does not have the time of legitimacy supported on the declaration. For the most part, it is legitimate for a half year. It should further be noted that a PCC is given uniquely to people who are more than 18 years of Read More

IS COVID-19 SUSTAINING SUSTAINABILITY?

KETKI JALTARE

As per World Health Organization:  “Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered corona virus. Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment. Older people, and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness. The best way to prevent and slow down transmission is - be well informed about the COVID-19 virus, the disease it causes and how it spreads. Protect yourself and others from infection by washing your hands or using an alcohol based rub frequently and not touching your face. The COVID-19 virus spreads primarily through droplets of saliva or discharge from the nose when an infected person coughs or sneezes, so it’s important that you also practice respiratory etiquette (for example, by coughing into a flexed elbow). At Read More

The procedure for filing a complaint against a lawyer

The procedure for filing a complaint against a lawyer  Lawyers are the medium through whichhis client connects with thejudiciary. However, as the demand for the legal industry has increased, it is also noticed that mishaps in thisindustry have increased. Some lawyers tend to use this situation to extract a heftyamount of money from theirclients without providing proper services. To combat this situation, a person can file a legal complaint against the lawyer if he/she is not satisfied with the service provided by the legal person.   Following are the steps to file a complaint against a lawyer Step 1: A complaint against an advocate needs to be filed through the mode of a petition. It is to be duly signed and verified as needed under the Code of Civil Procedure. A complaint is often filed either in English or Hindi or, in any regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or another Read More

LAW AND MORALS.! (MILLS, HART-DEVLIN DEBATE)

KETKI JALTARE

LAW AND MORALS (MILLS, HART-DEVLIN DEBATE)   INTRODUCTION:  v Morality can be defined as a set of rules or principles that guide the process of making decisions and behavior in society. It also includes principles that define what is acceptable and unacceptable in society. On the other hand, law refers to principles that augment and maintain the morality code in society. v The issue of law and morality is a complex matter that has been widely discussed in various fields including religion, law, and psychology. Many debates have discussed the relationship between morality and law. For instance, the Hart and Devlin debate tried to determine this relationship. Each of the two took a different side in an effort to establish the role that should be played by law with regard to morality. However, their views and suggestions contradicted each other and did present an agreement. v The two represent two schools of thought regarding the matter. The Read More

Division of Family Assets - Relinquishment Deed – NOC by Coparceners

Division of Family Assets - Relinquishment Deed – NOC by Coparceners  Division of assets, also commonly known as division of property, is one of the most debatable topics in India. Earlier, through the implementation of Hindu Succession Act, 1956 a girl in a particular family was allowed to claim her part of the propertyequally like her brothers unless there is a will executed by her father for the division of property. However, due to certain ambiguity and due to non-flexibility of this law, a recent amendment was made to this legislation. The recent amendment in the existing law has allowed the women who are born before the year 2005 to claim the property.  However, there are still a lot of cases, where the women of the family do not claim her share in father’s property. In such circumstances, her share needs to be entitled to someone in the family, and this process is known as the division of assets. Normally, a woman transfers her rights to share in the property Read More

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