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Illegal detention by police, What is the law ???

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Shipra Dwivedi As the society evolves, the socio – economic and political developments are faced and adapted accordingly. Therefore, the manners and methods of curbing the injustices and crimes in the society are developed to keep up with the social needs of the nation. Often, if and when the circumstances demand, detention is used on a person to restrain him from any illegal act or omission. Sometimes, detention is a necessity in order to prevent any further interruption in a legal proceeding.  It also serves the purpose of informing the society of the accused so that nobody, under any influence or force to protect the accused. Being an administrative authority, the police is empowered to arrest a person in the cognizance of his offence. It may be for the protective or preventive purposes.  Scope and Extension Betimes, only criminal offences attracted arrests of persons. The criminal policies relating to arrests and trials were stringent that left a great impact on the potent...

Setting enquiry perimeters under RTI, 2005 Introduction

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Shipra Diwedi Information is vital source of knowledge and communications. Every information when put in right hands serves the better purpose of social development. However, any information, if put in the indictable hands, can be prove to be destructive. Sharing information has always been a wok of tactful handling. But how do we define the boundaries between what information should be shared and which ones to be restricted?  Need for Right to Information Act, 2005 Before the enactment of Right to Information Act, 2005, the Freedom of Information Act, 2002 was in force. Howbeit, it had many exemptions in itself as well as from the statutory provisions which restricted the effective function and scope of the Act. The RTI Act, 2005 came into force to remove its drawbacks and provide efficient operation of the Act. This Act provides a detailed and well – balanced explanation of ways and methods to retrieve information from the authorities. Its lays down detailed proviso on obtaining ...

Protection of Women From Domestic Violence

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Deeksha Singh Everyone has heard of someone amongst their families, friends or acquaintances who  has suffered some form of domestic violence, i.e. some form of verbal, physical, sexual or economic abuse. We understand “domestic violence” here as it is defined under the Protection of Women against Domestic Violence Act, 2005 (‘DV Act’).  Domestic Violence is a global issue reaching across national boundaries as well as socio economic, cultural and class distinctions. This problem is not only widely spreaded geographically on the same end its incidence is extensive , making it typical and accepted behaviour. In layman terms we can simply understand it as the establisment of control and fear in a relationship through violence and fear and other forms of abuse. This abuse can take form of Physical assault, social, economical or Psychological abuse, inclusive of sexual assault Domestic Viloence is deeply ingrained and has serious impact on Womens Health and well-being . Its contin...

A complete guide to filing a divorce petition in India. (According to the Hindu law of marriage)

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Sarthak Chaturvedi Advocate - Supreme Court of India In ancient times the institution of marriage was considered sacred and the only way to end a marriage was the death of the spouse. Now the time has changed. For the interest and the larger good of the society, the concept of divorce was introduced by the Hindu Marriage Act, 1955, which clearly defines divorce as a dissolution of the marriage. As per the Indian legal system, the procedure of divorce starts with the filing of the divorce petition. If the relationship of You and your spouse is not good and you both want to part your ways legally then under the Hindu marriage act of 1955 you can file for a ''mutual divorce''. Moreover if only one of the partners is willing to get a divorce then he/she can file for ''contested divorce''. After reading this complete guide to getting a divorce in India you will have answers for the following questions! 1) Where to file a divorce petition in India? 2) How long...

Lawyers in a pandemic- How legal fraternity is adapting to a COVID-19 crisis.

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Sarthak Chaturvedi Advocate - Supreme Court of India The Novel coronavirus crisis not only has had an unprecedented impact on everyday life but also, jolted the legal fraternity globally. Courts have a huge backlog of cases, proceedings are delayed and many lawyers are struggling to get clients. This type of change is difficult. Even individual lawyers are struggling to serve their clients while working at a distance. So, amid these new challenges and fickle circumstances, there is one fundamental question in every lawyer's mind- How lawers should adapt to a COVID 19 crisis? Word of advice for lawyers: As people, businesses and big corporates around the world demonstrate their resilience and come together as one to beat this virus, lawyers and legal fraternity need to demonstrate a similar kind of resilience and agility to see through this period. So, if you are a lawyer and stressed out of the COVID 19 situations then brace yourself up. Below is the list of some practical ways to ...