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Criminal Law

Bail Bond Features in India

Introduction: The terms bail and bond are not defined under the Criminal Procedure Code, 1973 but it has been mentioned under different provisions of the Criminal Procedure Code, 1973. The terms bail bond has much importance under the Criminal Procedure Code, 1973. There are different provisions relating to bail bond which are mentioned under CrPC […]

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Consumer Law Criminal Law Investment Law

Chit Funds, Ponzi Schemes and Banning of Unregulated Deposit Schemes in West Bengal and Kolkata

Introduction: Meaning: Chit Fund is an important topic to be discussed here. A chit fund is a type of system which is practised around the country in India. These schemes are organised by companies or financial institutions or among relatives or friends or neighbours. Chit Funds Act, 1982 defines the Following Provisions: Section 2 of […]

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Consumer Law Criminal Law

Requirements and Liabilities of Surrogate Mother and Intending Couple in Surrogacy

Introduction: The Surrogacy (Regulation) Bill was passed in the year 2019 in the Lok Sabha and this bill was introduced by the Minister of Health and Family Welfare. This bill says that when a woman gives birth to child for an intending couple, she must hand over the child to the intending couple. Regulation of […]

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Criminal Law

How to file online police complaint in West Bengal

Introduction: Generally speaking, FIR means the First Information Report. It is made when police receive information about a criminal offence. Usually, it is a complaint made by the victim of a cognizable crime or by relatives, friends or known person on behalf of the victim person, but anyone can make such report orally or in […]

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Consumer Law Criminal Law

Women Safety in India – Useful Links and Numbers

For Women’s Safety in India Women’s safety is of paramount importance in India. This is a short list of collected helpline numbers to provide immediate support and protection to women in India. Please call for immediate help. Central Social Welfare Board -Police Helpline 1091/ 1291 (011) 23317004 Shakti Shalini 10920 Shakti Shalini – women’s shelter […]

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Consumer Law Criminal Law

Transgender Rights in India: The Road Ahead

On 15th April 2014, the landmark judgment in National Legal Services Authority v Union of India and Others (Writ Petition No. 400 of 2012 with Writ Petition No. 604 of 2013) was passed. The court was constituted of two judges and the leading judgment was given by Justice K.S. Radhakrishnan, whose judgment was endorsed by […]

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Consumer Law Criminal Law Property Law

Live-In Relationships and Protection from Domestic Violence for Women in India

Background of Domestic Violence Act and Live-In Relationship in India The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society. The DV Act has been enacted to provide an effective protection of […]

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Criminal Law Property Law

How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under […]

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Criminal Law Property Law

Differences between Original Petition and Interlocutory Petition/Application

Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs.  Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree […]

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Consumer Law Corporate Law Criminal Law

Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Efficacious remedy implies a form of relief that can be obtained at a different forum from the current forum. It is generally necessary to exhaust other efficacious remedy before filing writ petition because the inherent powers of the High Courts to issue prerogative writs or order in terms of Article 226 of the Constitution is […]

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Consumer Law Criminal Law

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of […]

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Consumer Law Criminal Law

Civil Suit for Damages – Vicarious Liability

CIVIL SUIT NO. _____ OF ______ In the High Court at Calcutta ORDINARY Original CIVIL Jurisdiction ……… Plaintiff -Versus-                                       …….  Defendants REGISTERED ADDRESS OF THE PLANTIFF SI. NO. Name 1.    Plaintiff      Advocate-on-Record   For Plaintiff. CIVIL SUIT NO. ____ OF ______ In the High Court at Calcutta ORDINARY Original CIVIL Jurisdiction […]

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Criminal Law

Custodial Interrogation in India

Custodial interrogation implies when an accused is in the custody of enforcement officials or police officers for interrogation. While in custody, several rights of the accused are on hold but some basic human and fundamental rights are nonetheless within his reach. The conditions for grant of custodial interrogation: (section 167 Cr.P.C.) Investigation not complete within […]

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Consumer Law Criminal Law

West Bengal Government Compensation to People Dying of Natural Calamities Including Snake Bite

Update August 2014: Due to a recent Calcutta High Court ruling in Madhav Chandra Mondal v State of West Bengal and due to change in West Bengal State Disaster Management policy, compensation is now being granted to family members of persons who have died unnaturally by lightning strike. Do check this official website of West Bengal […]