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

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...

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Trial by Media and the Judicial Dictums

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...

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

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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Legal Challenges faced by Over The Top (OTT) Platforms in India

In times of global pandemic where the economy of country has taken a hard hit, people making huge losses in business and many losing jobs but when one looks at the online market especially the over the top platforms like Netflix, Prime Video, Hotstar, Voot and many more seem to be blooming and generating revenue who are in turn contributing and testifying towards the ongoing information revolution.As we are well aware of the traditional picture of Indian media which has always been very dynamic, the issue with content related videos, pictures, memes or whatever you can call it has always...

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Indian Film Industry & it’s Struggle with Piracy: Lawyers Advice

“We live in a world measured by piracy because piracy means access” as said by Kalyan C. Kankananla. Piracy has become as easy as buying vegetables from the vendor, all one has to do is tap on the download link on internet and boom you can watch any movie/web show/serials on your phone/laptop. A person’s possession whether it is his created work or his personal belongings or his ultimate creation, the last thing anyone would want is it to be stolen or copied by someone. Piracy as defined by black law’s dictionary, means illicit printing or reproduction of any original and...

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Legal Sanctity of a Pre-Nuptial Agreement in India

In the era of instant marriages, it is a necessity for couples to think practically before making the decision. Arranged marriages gave couples the security as their families know each other’s background pretty well. In this generation, the couples opt for pre-nuptial agreements to feel a sense of security in their relationship. No one thinks of a divorce while marrying each other but being secure in the event of divorce seems much more important. What are Pre-Nuptial Agreements?A pre-nuptial agreement or a prenup, for short, is a private agreement, mutually entered by the spouses before their marriage. Its main aim...

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Laws and Legal Procedure for Reporting Online Defamation in India

What is Online DefamationDefamation is defined under section 499 of the Indian Penal Code, 1860 as whoever by words either spoken or written publishes any misinformation intending to harm someone’s reputation is guilty of defamation. The offense of Defamation is punished under section 500 of the Indian Penal Code, 1860. Defamation has the following essentials: i. The statement must be false. ii. The statement must refer to the plaintiff. It means that the plaintiff must prove without any reasonable doubt that the statement referred to him. A definite pointer is not necessary. iii. ...

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Legal Remedies available to a Homebuyer under the Real Estate (Regulation and Development) RERA Act, 2016

The real estate industry has been a serious affair for people who search for a risk-free investment. The real estate (Regulation and Development) RERA Act, 2016 addresses various grievances and tries to bring transparency in the real estate industry. The act has thus prescribed for the formation of the Real Estate Regulatory Authority in each state for promoting the interest of the buyers and to resolve their grievances. Any aggrieved homebuyer can file a complaint with the respective state regulatory authority for any violation under the Real Estate (Regulation and Development) RERA Act. Following are the legal remedies available to...

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Lodging a Complaint under the Real Estate (Regulation and Development) RERA Act, 2016

The Real Estate (Regulation and Development) Act, 2016 provides a forum to the buyers (allottees) where they can seek redressal of their grievances which often arise due to the misconduct of the builder/promoter or sometimes, the real estate agent. Prior to the enactment of this Act, home buyers were forced to seek redressal via consumer forums or civil courts. This Act not only addresses the grievances of the buyers but also acknowledges difficulties faced by the builders and promoters from time to time due to various reasons. Advantages of lodging a complaint under RERA One of the most common...

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Legal Remedies available to a Homebuyer if the Builder is Refusing the Registration of Property

The Real estate sector is jam-packed with legal obligations that are imposed on the builders and promoters. When a homebuyer purchases a flat or an apartment from a builder, the main aim behind such purchase is to acquire the legal title and ownership of the property from the builder so that the said property is truly theirs. One of the most important aspects of any execution of a sale/conveyance deed is its registration. A buyer must always get the sale/conveyance deed registered under his/her name in order to avoid future conflicts regarding the title of the flat. There are many...

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