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Laws on Criminal Trespass

The term 'Trespass' means to indulge in other person’s premises without lawful means or consent. Trespass may occur in a person's house, estate, vehicles, or even in bedroom. In India, it is the right of every individual to enjoy his or her property such as company, factory, ships, estate or anything without further shakings. If this peace is infringed, then a individual can seek appropriate remedy for the same. The term Trespass is differently interpreted in the Law of Torts and Indian Penal Code, 1860. This article deals with Criminal Trespass and the Prerequisites for considering an act as Criminal...

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Laws on Rectification of a Trademark: Lawyers Advice

Intellectual Property means the rights given to the corporate over the creations of their mind. The creator of a product or an idea by having these rights has a right to use it for a certain period. There are various sub-areas in Intellectual Property Rights. Trademark is one among them. Trademark is a right used by a company to distinguish their product from the other competitors. It consists of designs, symbol and expressions. A company can frame a suit for infringement of trademark if any of its competitors are using that specific trademark for its purpose. To get a trademark...

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Laws on Cyberstalking in India: Lawyers Advice

Cyberstalking is another method of cyber crime. The term cyber relates to the web and therefore the meaning of is to stalk someone or follow him or her digitally. The follow up could also be continuous within the sort of defaming, harassment, threat, etc. Both men and ladies are victims of an equivalent. In lately, the methods employed by Cyber Stalkers to stalk someone is thru E-mail, social media and messages. However, there are not any direct laws in India to tackle Cyber Stalking. Laws for Cyberstalking under the Information Technology Act, 2000Information Technology is that the innovation of n Age....

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Top Five Legal Challenges Faced by Online Hotel Aggregators in India: Lawyers Advice

Over the years, the ease of accessibility to the internet has allowed various industries to make their businesses available to an increasingly larger pool of people. The online Hotel Aggregator industry is one such industry and has grown leaps and bounds in the last decade. Major players in the industry saw this opportunity and launched in India as well. However, this large growth in the industry has also brought to light various issues focusing on the on-going practices and trends in the industry. Some of the major legal challenges that are being faced by the online hotel aggregator industry are...

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Top Five Legal Challenges Faced by Online Fruits & Vegetable Vendors in India: Lawyers Advice

While a majority of the country’s population may purchase fruits and vegetables from the markets such as the street market or grocery stores, a large part of the Indian population has started purchasing fruits and vegetables from online vendors due to easy access to the internet and its convenience. This new format of selling fruits and vegetables has allowed the consumer to receive products of certified superior quality as well as pre-cut if they desire. Additionally, consumers receive the products are their convenience rather than having physically go to the market, thereby allowing them to save a lot of time....

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Proving Attempt to Murder in a Criminal Trial: Lawyers Advice

Under Section 307 of the Indian Penal Code, any person who deliberately does any act with such intention and under circumstances that if execution of the purpose would not have fallen short, the consummation of the act might have charged him with murder. Hence, this section deals with the offence of, “Attempt to murder”. The person convicted under this section shall be penalized with an imprisonment extending up to ten years and shall also be penalized with fine. Furthermore, if the act of a person has caused hurt to the other person, the former shall be imprisoned for life or...

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Proving Abetment of Suicide in a Criminal Trial: Lawyers Advice

The Section 107 of the Indian Penal Code defines, “Abetment of a thing” or simply abetting or instigating to do some something, or engaging with other person in a conspiracy for doing that thing. Other than this, deliberately instigating a person to commit an offence is also recognized as abetment or instigation. In Gangula Mohan Reddy v State of Andhra Pradesh (2010) 2 Cr LJ 2110 (SC), the Hon’ble Supreme Court held that commission of some positive act by the accused is necessary to constitute abetment. Furthermore, abetment or instigation includes a metal process of intentionally aiding someone to commit...

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

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, for an aggrieved, it is important to comprehend some crucial points and legal steps for reporting such content. Firstly, it may be noted that, “Hate Speech” has not been particularly defined under any legal provision in India. However, there are legal provisions under few legislations dealing with Hate Speech, namely, Indian Penal Code, 1860: a. Section 295A of the Indian Penal Code, states that hurting religious sentiments of an individual or group of people...

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

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...

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

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...

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