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Showing posts from August, 2020

What is a ''Transfer petition''? Is Rhea Chakraborty eligible to get her petition transferred?

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 Sarthak Chaturvedi - Advocate, Supreme Court of India Amid an unprecedented battle between Maharashtra and Bihar for the right to investigate the death of the actor " Sushant Singh Rajput'' and the transfer petition filed by ''Rhea Chakorborty'' to transfer her case from Bihar to Mumbai on the ground of jurisdiction, many among us would be scratching our heads to know what exactly is "Transfer petition'' and If Rhea can seek the transfer of the case at the stage of the investigation or not? Well, stay with me till the end of this blog To know almost everything about the ''Transfer petition" In supreme court and If Rhea is eligible to seek a transfer of the case to Mumbai or not? First things first let's start by understanding the ''Transfer petition".  What is Transfer petition: Transfer petition means when a litigant approaches the Apex court on the grounds of the conditions provided in the provision 139A to tran

What "Advocate's law" states about lawyer's ability to indulge in other financial activities.

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  Sarthak Chaturvedi - Advocate  This year 2020, has been tough for most of us in some way or the other. Many people have had to fight the ever growing disease because of which a lot have lost their lives too. Multitudes of people lost their livelihood in the lockdown and had to travel hundreds of miles, back to their villages. While many can find and have found alternate ways of earning money to survive through this pandemic, but there is one segment of people which does not even have the right to find an alternate way of earning. And that segment is Advocates / Lawyers. Rule 46 -49 of "Advocate Act" of the Bar Council of India made in 1961 prohibits any lawyer / advocate to earn by any other means but by law practise only. Up until 2001, there was an exception that could be made by the plea of the employer who might want the Advocate's service in any other service apart from law, but that exception was dismissed and ammended in 2001. Now, only an advocate can make the p

Childrens of Incarcerated parents

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Deeksha Singh Children are the future custodians of sovereignty, rule of law, - justice, liberty, equality, fraternity and finally international peace and security. They are the potential embodiment of our ideals, aspirations, ambitions, future hopes. Nature has provided some inherent rights to every human being including children. These fundamental rights bestowed in human being from the very inception.  Every child has the right to protection. This not only includes children who are in different circumstances and those who have suffered violence, abuse and exploitation, but also those who are not in any of these adverse situations and yet need to be protected in order to ensure that they remain within the social security and protection net. Child protection is about protecting children from or against any perceived or real danger/risk to their life, their personhood and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situation. Children are deep

Professional ethics in Indian legal fraternity

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Shipra Dwivedi Since the ancient times, human beings have developed certain set of rules and limited themselves to certain acts and omissions in order to sustain themselves in an acceptable social structure. These practices were called ethical practices, which were distinct from the other practices known as unethical practices. During the biblical and early civilization era, these practices were categorized as virtues and sins. It is clear from the glance at these words that they were intended to be either morally acceptable or declined. With the developments in the societies, and people indulging in different activities, there emerged need for different set of code of conducts for every different economic and non – economic activity. And this way, the various code of conducts were recognized and codified that were termed as ethical codes in order to better serve and benefit from the society. These ethical codes are the combination moral and economic obligations which bind a person to