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Non Judicial Stamp papers do not have any VALIDITY as to the USE OF THE DOCUMENT - SUPREME COURT

Vedant Lakhotia

The validity of a Non Judicial stamp paper is not barred by Time Limitation as per the Apex court in relation to its use. The Apex court clearly stated that NOWHERE in the Indian Stamp Act it is mentioned about the validity of the Stamp papers. The INDIAN STAMP ACT clearly mentions that if any person possess a stamp paper of which he has no immediate use can return the Stamp paper to the collector (provided that it is not spoiled, rendered unfit or useless) for seeking refund of the value of the stamp paper PROVIDED IT WAS PURCHASED WITHIN THE PERIOD OF 6 MONTHS NEXT PRECEDING TO THE DATE OF SURRENDER.. The stamp paper do not have any EXPIRY period. The stipulation period of 6 months is only for seeking refund of the value of the Stamp paper and NOT of it's use. There is no IMPEDIMENT FOR A STAMP PAPER PURCHASED MORE THAN 6 MONTHS PRIOR TO THE DATE OF EXECUTION TO BE USED FOR DOCUMENTATION. Read More

Bad Handwriting - An Analysis

Vedant Lakhotia

Our handwriting is the first thing that comes to the notice even at the time of our signature. There are of course in-numerous instances where a good handwriting is appreciated over others…... During childhood days parents and teachers lay some emphasis on handwriting as they need to be legible to fetch marks and that of course carried some marks as well…… It has always been a matter of high pride for a person whose handwriting is beautiful… At times when writing on a gift card or making a gift which requires a beautiful handwriting or is a piece of handwritten work, in order to add elegance to the gift the persons with good handwriting are preferred over those who are clumsy…. But none ever thought about the person whose handwriting was not so beautiful….. What was the reason behind the same? The reason behind their handwriting not being beautiful is not because they have the habit of messing with the words or were not in love with what they want to Read More

Right to privacy – can it be an absolute right?

admin

Let me begin with the disclaimer that there’s nothing legal in this blog. As we develop into more modern civilization we start becoming more complex although we keep harping that we are trying to make life and living simple.  We want absolute right of freedom of speech and expression at one end of the wanting stick and absolute “discretionary” privacy at the other end of the stick. Why discretionary, because it depends on my choice when to exercise it and when not to. Ok so by asking for right to privacy, we are trying make North and South meet. Will we succeed? Let’s find out.   Basically, we all are animals; hence it makes it makes lot of sense to start from the basics. In the animal kingdom, the right of privacy is exercised by making a demarcation by the animals. And how do animals do that? By urinating and leaving potty marks. And bingo, the other animals (of the same species usually) do respect that and do not try to invade the territory so marked. So, the Read More

New ground of Divorce - Supreme Court

Vedant Lakhotia

There are many ground  for divorce as stated in the Hindu marriage Act as amended up to date, but the Supreme Court has allowed one additional ground of divorce which is a very Welcome approach and upholds the BAR of INDIAN CULTURE. In INDIA marriage is not between two persons only but it is between two families. It is expected that the couple will take care of each other parents as their own parents which is unlike in other foreign countries where the children leave their parents to die in old age keeping their parents aloof from the love of the children and off springs and are left to die at OLD AGE HOMES at that age when they most require it as because the old age of the parents in considered to be the childhood of the parents. The parents at the ir young change NEVER DISREGARDED OR ABANDONED their children when they needed their parents and now at OLD AGE THEY ARE BEING DISCARDED AND DISREGARDED. The Apex Court has held that if a Wife forces her husband to leave his parents Read More

HUMAN SHIELD: A BROKEN ARMOUR

Parth

One of the most interesting episodes in the Hindu mythology is the death of Bhishma. Gangaputra Bhishma had the gift of choosing the moment of his death. Bhishma could not be killed unless he lowered his bow in battle. He would lower his bow only before a woman but no woman was allowed to enter the battlefield. Thus the idea of using Shikhandi surfaced. Shikhandi was born a woman, raised as a man and later acquired male genitals from a Yaksha. He was taken into battle as Arjuna’s body armour. Bhisma refused to fight him/her. Arjuna took advantage of this and using Shikhandi as a shield, Arjuna shot arrows at Bhishma, piercing his entire body. Finally, Bhishma gave up the fight. May be it was impossible for the Gandibdhaari to kill Bhishma all by himself and thus he used Shikhandi as a HUMAN SHIELD to kill Bhishma.                                                                                                                   Read More

Right to education-Tryst with Destiny

Kishlaya Mishra

Introduction Right to education is the act of parliament by which the intent of the government is to provide each and every poor child i.e who is below poverty line and is between the age of 6 to 14 free and compulsory education. By passing of this act and being sanctioned by the President now it has become a fundamental right under the wide interpretation of article 21A of our constitution. Evolution Right to education is not a totally new step. Prior to this, the root of RTE can be traced from  National Policy  of Education 1986. This was a policy which was totally setup on a constitutional mandate in order to provide basic education to the citizens of India. Main aim was to make education in such a way that one after getting basic education can be qualified to get a job for living. It was a job oriented policy. It wanted to curb out illeteracy. The following points were its main objectives- 1. Vocationalizaiton of Education. Particularly, at the secondary stage Read More

Transgender Persons : Human Beings or Not ?

Srishti Sahu

Introduction Transgender people are those people who have a gender identity that differs from their assigned stereotyped assigned sex. Transgender people are individuals of any age or sex whose appearance , personal , characteristics , or behaviours differ from the stereotypes about how men and women are supposed to be . India is a land of love, land of diversity. Transgender people have existed in all culture , race , class and in almost all regions of India as India has a wide diversity . This is a very portion of population who know that the term “Transgender” and “Intersex” are not synonymous to each other but are different. Intersex is a term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female and male. In other words,   Intersex is when someone whether male or female is born with ambiguous genitailia. For  example, a person might be born appearing to be female Read More

Stray Dogs in India: Even a bark has a spark

AKASH SINGH

  All living beings feel, touch, love, live and have equal rights to live their lives with dignity. Although stray dogs cannot communicate with humans, their emotions can still trigger human minds. “They may not have words to let you know, But like you, they suffer, love and grow.” When humans lose humanity within themselves, it paves way to cruelty, heinousness and inhumane deeds. Animal cruelty is an offence under Section 11 of the Prevention of Cruelty to Animals Act 1960, and Section 429 of the Indian Penal Code, which is punishable with imprisonment and fine. The number of stray dogs worldwide has been estimated between 200 and 600 million. India has estimated 30 million stray dogs. India has the highest number of human rabies deaths in the world. The problems in India relating to stray dogs are: Stray dogs are prone to cruelty as there are no strict laws to penalize the wrongdoers. The people are vulnerable to aggressive dogs, whose bites Read More

Intercaste Wed Locks - A Social Evil ?

Ravali Reddy

Killing in the name of honor is a practice carried on world-wide. Majority of the victims are those who marry from different religions or castes. They become the victims of 'Social Excommunication'. The process usually involves panicked inter-caste couples eloping from fear of reaction of the society. In turn the girl's family files a police complaint accusing the husband of having abducted their daughter. The police arrests the couple and he girl is forced to back home. Here she is confined, abused and sometimes killed. The brutal truth about such societies is that these people kill for honor and do not consider act as a crime. The rights guaranteed under the Constitution are violated. Honor killing, also known as customary killing or domestic public violence is one type of cultural crimes that is present in our country. Cultural crimes are those which come within the context of culture or under the head of it. The term 'HONOR KILLING' was first used by Dutch-Turkey expert at Read More

Anti-Competitive practices in Ipr

Harpal Parmar

ANTI-COMPETITIVE PRACTICES IN IPR INTRODUCTION Intellectual property rights are the intellect rights given to persons over the creations of their minds for any innovation or newness. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. Intellectual property are of various kinds such as patent, copyright, trademark, geographical indications, industrial design and layout design of integrated circuit. In India these property which is intangible in nature is duly recognized by law. This rights are necessary for the protection of the owner of these intellectual property, they can be inventor, author or creator. But there are some anti-competitive practices associated with the intellectual property that tends to exploit market through its power of monopoly and are as follows: In the Chapter relating to Prohibition of Agreements (Anti –Competitive Agreements) under section 3 (5) states that: “Nothing contained in this section Read More

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