19 September

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

in Criminal Law, Criminal lawyer, Cyber Laws, Information Technologies, Uncategorized

Cyber Stalking is a continuous use of internet communication, or other electronic means to stalk, harass, threaten either by sending emails, or messages a particular individual or a group of individuals. Some pivotal points which are to be considered while registering a complaint under different provisions directly or indirectly dealing with instances of cyberstalking: -Under Section 354D of the Indian Penal Code, “stalking” is defined as an offence and anyone who despite having a clear indication that a woman is disinterested in receiving any communication repeatedly indulges in proselytizing such communication or keeps an eye on her use of internet...

19 September

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, after careful observing the scenario it may be concluded that the centre of these hate speeches is Religion. Other than Religion, Political Ideologies which again has “Religious” touch to them are responsible for hateful speeches. Previously, people were able to hold back such opinions but now frustration and anger have forced them to bring out the poison. Now, practically it is not possible to persuade each and every individual to refrain from making such comments or...

19 September

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Relevance of a Charge Sheet in a Criminal Trial: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

A charge sheet is final report document prepared by the police officer, collecting all relevant materials from all directions. This is done to substantiate accusation of a criminal offence in a court of law. It is filed after the registration of the First Information Report under Section 173(2) of the Code of Criminal Procedure. Difference between a Charge Sheet and First Information Report and some relevant details with respect to the Charge Sheet: -On one hand where the First Information Report contains the offence that was executed, while on the other hand the charge sheet comprises the comprises the name...

19 September

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Legal Remedies available against lodging of false First Information Report (FIR) Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

A First Information Report is a document registered by the police for criminal cases under Section 154 of the Code of Criminal Procedure (CrPC). One of the man criterion for registering the First Information Report is that the same can only be registered in cases of cognizable offences. Inherent powers of the High Court and few crucial points to be understood by the accused before submitting any petition to quash the First Information Report: -The Section 482 of Code of the Criminal Procedure confers the High Court with some inherent powers which allows them to give any order that might...

19 September

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Effect of a Charge Sheet on a Criminal Trial: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Consumer Laws, Criminal Law, High Court, Uncategorized

Every day we read in news articles and columns, that a charge sheet has been filed against a person who has committed murder or rape or any other crime so. A few days back we heard that a charge sheet was filed in the cases related to the Delhi riots. The charge sheet had names of 5 persons including Sharukh Pathan. But that raises a question, what is a charge sheet, what does it contain and why is it so important in a criminal trial. Therefore, it becomes pertinent to know about the legal implications involved in a charge sheet....

19 September

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Laws & Legal Procedure for Divorce by Mutual Consent

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

Recently, there has been a rise in the divorce cases filed in India. The coronavirus outbreak has affected the personal lives of individuals by taking its toll on strained couples. Law firms and advocates have reported numerous complaints of couples who want to split-up. This article discusses the laws and the legal procedure that governs Divorce by Mutual Consent. Before 1976, the Special Marriage Act was the only Indian statute that dealt with the provisions of divorce by mutual consent. Two adults married or registered under this act could get their marriage dissolved by mutual consent. Various provisions in India...

19 September

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Explaining the Realm of Divorce Laws in India: Lawyers Advice

Posted by MyLawyer

in Anticipatory Bail & Regular Bail, Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Uncategorized

Marriage is considered sacramental in India. It is believed as the union of two souls. The Act does not use the term ''sacramental marriage'' but is termed as ''Hindu Marriage'' and is accepted as an obligation that needs to be fulfilled by both the spouses for all their lives. Though marriage is considered sacramental but, in case of any dispute between the husband and wife out of the matrimony, either spouse could seek a matrimonial relief or remedy. The Hindu Marriage Act, 1955 defines divorce as the dissolution of marriage. Under the Hindu Marriage Act, various reliefs have been...

19 September

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Deciding factors for the Grant of Custody of Children in a Divorce Case

Posted by MyLawyer

in Cruelty, Harassment & Domestic Violence, Divorce & Maintenance, Divorce Lawyer, Legal Advisor, Uncategorized

The question of custody usually comes up in cases of divorce or judicial proceedings. The Judiciary in India has always given more importance to the interests of the child. Indian laws and regulations for child custody mostly depend on the religion of the child and parents. Personal laws govern the custody of the children along with the guardians and wards acts, 1890. Judiciary in India mostly focuses on the social, and intellectual development of the child, the child must be placed in a healthy environment and amidst a good family. Courts consider various factors while granting custody for the welfare...

19 September

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Trial by Media and the Judicial Dictums

Posted by MyLawyer

in Entertainment Laws, Legal Advice, Legal Advisor, Media Laws, Uncategorized

Media is regarded as one of the four pillars of the democracy in India. Media plays a role in shaping the opinions of the society and it quite capable of changing the viewpoint of public on various occasions and events. In the last two decades, the rise of internet, local radio stations, television and technology has greatly increased the reach and impact of mass media. The circulation of newspapers and the shift to e-papers in English and other local languages has been continuously growing. The ever-expanding readers when mixed with modern technologies has given the media industry an unprecedented boast...

19 September

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Protection of Intellectual Property Rights (IPRs) of Music Composers in India

Posted by MyLawyer

in Entertainment Laws, Legal Advice, Legal Advisor, Media Laws, Uncategorized

Music, the word itself is so powerful. It has the ability to bring all people together regardless of religion, caste, colour or cultural differences. When one talks about music in India, it can be any song from Bollywood to Tollywood or can be from Punjabi rap songs to remixes, India has it all and is to home to so many songs varying from so many different languages. When it comes to protecting, music is one of the most protected and restricted at the same time. To understand the rights associated with music composers one needs to understand who music composers...

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