COPYRIGHT VS DESIGN

COPYRIGHT VS DESIGN

Introduction to COPYRIGHT VS DESIGN- This article is wholly related to design patents and copyrights where it will be discussed that when to utilize the copyrights and when to go for the design patent. Basically, copyright and design patents are the two types of ways of law where one can get help to protect his/her […]

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AN ANALYSIS OF NATIONAL IPR POLICY

AN ANALYSIS OF NATIONAL IPR POLICY

Understanding Intellectual Property Rights (IPR) Before coming to the National IPR policy, it is first important to be very well familiar with what is meant by the Intellectual Property Rights (IPR). Basically, intellectual property rights are those rights which are made available to the persons for the creation or creativity of their minds like inventions, […]

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Abetment to Suicide

Abetment to Suicide

Introduction- Globally mental stress has taken toll over people of all classes. Suicide has become the easiest resort to end the mental stress one faces. The act of suicide has been marked as an offence in the Indian Penal Code, 1860 and seeks to provide for punishment for the act as well as keep a […]

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Doctrine of Double Jeopardy

Doctrine of Double Jeopardy

Introduction– The Indian Constitution has been considered as the guarantor of the fundamental rights of its citizens. The Constitution also ensures that the fundamental rights of the offenders are also duly protected. Article 20 clause (2) of the Indian Constitution envisages protection against ‘double jeopardy’. The clause is in pertinence to a principle of criminology, […]

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KIDNAPPING AND ITS PUNISHMENT

KIDNAPPING AND ITS PUNISHMENT

INTRODUCTION The criminal conducts regarding hurt, murder, culpable homicide, grievous hurt, kidnapping, abduction, wrongful confinement, etc are the offences affecting the human body and life. These offences affect not only the life of an individual but also, the society at large. Hence, it becomes very important that punishment is given to the offenders. The Indian […]

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AMENDMENT PROCEDURE OF THE CONSTITUTION OF INDIA

AMENDMENT PROCEDURE OF THE CONSTITUTION OF INDIA

AMENDMENT PROCEDURE OF THE CONSTITUTION OF INDIA signifies changing provisions or updating certain features to meet the requirement of the day. Need for Constitutional Amendment – If there was no provision for amending our constitution the people and leaders would have deviated to extra-constitutional means like revolution and violence. The provision for amending our Constitution […]

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PREAMBLE IN THE CONSTITUTION OF INDIA

PREAMBLE IN THE CONSTITUTION OF INDIA

MEANING – Chamber 20th Century Dictionary, ‘Preamble means a preface, introduction, especially that of an act of Parliament, giving its reasons and purposes.’ Black’s Law Dictionary, ‘Preamble means a clause at the beginning of a Constitution or a statute explanatory of the reasons for its enactment and objectives sought to be accomplished. CONSTITUENT ASSEMBLY’S VIEWS […]

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BURDEN OF PROOF

BURDEN OF PROOF (Section 101-114)

INTRODUCTION The Burden of Proof rests on the individual making any arguments or alleging some fact until and unless an exception is provided by law, under Indian Law. There are always two burdens in a criminal case. The first burden is on the prosecutor to argue against the defendant at all costs, while the second […]

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INDIAN EVIDENCE AMENDMENT BILL, 2016

INDIAN EVIDENCE AMENDMENT BILL, 2016

INTRODUCTION INDIAN EVIDENCE AMENDMENT BILL, 2016 was introduced in the Lok Sabha seeking changes to the 1872 Indian Evidence Act to make it easier to deal with cybercrime and custodial abuse cases. A variety of suggestions had been made by an advisory group created by the Ministry of Home Affairs (MHA), the key one being […]

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Suits by indigent persons & interpleader suits

Suits by indigent persons & interpleader suits

Indigent person Order 33 under the Code of Criminal Procedure (herein referred to as CPC) deals with suits filed by ‘indigent persons’. An indigent person is defined in explanation one to Rule 1 according to which is a person is an ‘indigent’ person or forma pauperis– On the off chance that he isn’t equipped with […]

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Sale as execution & sale of movable property

Sale as execution & sale of movable property

Sale as a mode of execution The word “Execution” isn’t defined in the Code of Civil Procedure, 1908 (hereinafter referred to as CPC. Execution can be comprehended as “a legal act by which a public officer is enabled to hold decisions or requests into impact.”  In other words, it means the carrying into effect the […]

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Arrest and Detention in Code of Civil Procedure

Arrest and Detention in Code of Civil Procedure

Introduction To decide the rights and liabilities in a matter at hand, a decree is passed by the court under the Code of Civil Procedure (herein referred to as CPC). The person in whose favour a decree is passed is known as decree-holder and the person against whom the decree is passed is known as […]

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