Willful misrepresentation under Section 46 of the Banking Regulation Act 1949

A person who willfully misrepresents facts or omits material facts in the balance sheet or while filing any return or while furnishing any other document, or presents such facts which is known to be false by the concerned person, is liable for imprisonment of up to three years or with fine which may extend to one crore rupees. [1] What is willful came up for…

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Procedure to Issue Non-Bailable Warrant

Types of Warrants Though there is no mention of Bailable and Non-bailable warrants in the code, Warrants are of two kinds, Bailable and Non-bailable. Sec. 71 deals with bailable warrants. As per Sec. 71 (1), any court issuing a warrant for the arrest of any person may it its discretion direct by an endorsement on the warrant that if such person executes a bond with…

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Giving human rights protection to terrorists threatens the national security of India

Somebody has said that Laws are meant to be broken. This expression finds its greatest champions in those people who consider themselves as Laws unto themselves and they are terrorists. Good and evil have existed together as one does not survive without the other but the greatest evil of the contemporary world without corresponding good is terrorism. Our country is no exception. We have witnessed…

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Understanding Third Party Intellectual Property Rights in Fantasy Sports

Coasting from magazine subscription to the realm of dot-coms, fantasy sports platforms are attaining popularity distant from their Atlantic domicile and tied up with them like peas-in-a-pod are questions of Intellectual Property Rights. While partaking in fantasy sports, the user interacts with strategic elements of sports as observed in any real sport but isrestricted to a virtual platform,essentially like a simulation all the whilevying for a favourableoutcome by exacting knowledge, experience, andintuition of the sport in order todraft a team of players for the same, which is further quantifiedand rewarded by way of ‘points’. The player profiles are based on real-world statistics andfigures thus enhancing the experience of the user and thus invoke questions as to infringement ofintellectual property rights as the platforms tend to instill names, images, logo of the team and biographical data.

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Concept of Divorce Laws in India

India is a country with multiple religions and each of these religions have their own set of personal laws. Marriage, for example, is a social institution that can be governed by either the religious laws or the secular laws. Similarly, for divorce too, a couple may choose to follow either of the laws they chose at the time of the marriage. This article deals with divorce under the personal laws for Muslims and Hindus and the Special Marriage Act. A major fundamental difference between the two religions from the point of view of marriage is that Hindus view marriage as a sacrament, a bond which they initially felt would have no breaking point whereas Muslims see marriage as a contract between the two parties. Under the Special Marriage Act, 1954, marriage between the individuals is done through registration. Accordingly, the terms for divorce also vary with the laws. This article explains the various types and procedures of divorce under the laws and their implications in a simple and comprehensible manner.

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Prevention of Medico-legal negligence:Caution for doctors

The Article strives to guide as a cautionary note with specific emphasis as guidelines for the doctors to avoid unnecessary litigation and the caution to be taken when dealing with their patients to maintain a balance of confidence between them. The Current provisions of law as well as recommendations for rectification in the measures as prescribed currently have been enunciated with the help of a study to bring the emerging issues of negligence to the fore.

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From Sullivan to Shreya Singhal – The Evolving Free Speech and Chilling Effect

Free speech is a sine qua non for democracy. One person’s free speech can threaten the security of the state, or can hamper tranquillity in the society or affect decency and morality, could lead to contempt and also infringe other person’s right(s), to check and balance these things laws are made to regulate free speech. Any such restriction on free speech must stand the test…

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Citizenship Amendment Act 2019 (CAA): Assault On Indian Democracy

India recognizes an individual as a citizen by virtue of birth, descent, registration, and naturalization pursuant to the Citizenship Act of 1955, which takes effect from Part II of the Constitution, namely Articles 5 to 9. Under the previous regime, the Citizenship Act was amended 5 times i.e. in the years of 1986, 1992, 2003, 2005 and 2015. Another amendment was broached by the current Modi…

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The Rebirth Of Legal Vacuum – Article 304 Of Nepal Constitution

Nepal witnessed a change of constitution for 6 times in its 68-year long history of constitutional development. The struggle to get a constitution that embodies a democratic representative system and put an end to the monarchial revival happened only in the year 2015. This constitution embraced the principles of republicanism, federalism, secularism. In spite of the long-drawn struggle to fruition of a stable constitution, it…

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Corporate Entity and its privilege against self incrimination

Article 20 (3) of the Indian Constitution provides that “No person accused of any offence shall be compelled to be a witness against himself.” This article can find its roots from the maxim “Nemo Teneteur Prodre Accussare Seipsum” which means No man is bound to accuse himself. The provision borrows from the Fifth Amendment of the American Constitution which lays down that, “No person shall be compelled in…

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