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

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...

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

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....

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Laws & Legal Procedure for Divorce by Mutual Consent

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...

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Explaining the Realm of Divorce Laws in India: Lawyers Advice

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...

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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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