The Concept of ‘Burden of Proof’
The Concept of ‘Burden of Proof’ The Indian Evidence Act does not define the term “burden of proof.” However, in simple terms, the burden of proof refers to the legal requirement or responsibility of the parties to establish the facts that will assist the court in reaching a decision in their favour. Therefore, the duty […]
Lok Adalat has no jurisdiction to decide a matter on merits
Lok Adalat has no jurisdiction to decide a matter on merits The Lok Adalat is a dispute resolution procedure used as an alternative to the traditional court system. To put it another way, it is one method of settling disagreements. It is a venue for the peaceful resolution of disputes/cases pending in a court of […]
Digital Rupee – It’s Understanding
Digital Rupee – It’s Understanding Central Bank Digital Currency (CBDC), as per the Reserve Bank of India (RBI), is a digital representation of legal tender money issued by a central bank. It is a digital version of the Indian Rupee, fiat currency. Consequently, it may be traded for fiat money on a one-for-one basis. Fiat […]
How to file a complaint in regards to violation of Cyber Laws
How to file a complaint in regards to violation of Cyber Laws The idea of cybercrime has increased in scope as a result of the widespread use of the internet and its associated benefits. The Information Technology Act of 2000, which was later updated to the IT Amendment Act of 2008, is the Indian legislation […]
Remedies against frivolous cases registered against students by the Police
Remedies against frivolous cases registered against students by the Police – Kishan Dutt Kalaskar It is always said that young students are the future of our country. Recently, there has been an increase in student activism where students, especially university going students, have started speaking up against malpractices committed by those around them. Popular resentment […]
BENAMI TRANSACTION – ITS IMPLICATIONS
BENAMI TRANSACTION – ITS IMPLICATIONS -Kishan Dutt Kalaskar We are all aware of a famous phrase from Shakespeare, “what’s in a name?”, well the Law of the Land says “a lot !!”. And with that thought in mind, along with the essential need of curbing the increasing ‘Black money’ problem, acts like the ‘Benami Transactions […]
How can litigants list their cases online?
How can litigants list their cases online? Due to COVID-19, the system has become stagnant,leading to the closure ofcourts and urgent cases remaining unlisted. Thus,to encourage paperless filings and introduce cost-saving efficiencies, theSupreme Court approvede-filing of the petitions by Advocates onRecord (AoR) and hearing the cases throughthe Cisco WebEx application during the lockdown in the […]
NRIs right to purchase property in India
NRIs right to purchase property in India -Kishan Dutt Kalaskar Can NRIs buy real estate in India? Most people ask this question, and the answer to this question is yes. The RBI’s circular now allows Non-Resident Indians to purchase certain types of property. However, other types of property can also be purchased after it is […]
Can couples get separated without a divorce?
Can couples get separated without a divorce? In India, divorce is still considered a social taboo. Couples often tend to neglect things in a relationship and carry on with the same situation, sometimes due to societal and family pressure. In the 21st century when same sex marriage has been declared legal by India, it is […]
How to Deal with False Cheque Bounce Case?
A very reputed businessman, who had established various branches of his brand in different cities across India was accused of false cheque bounce case by a bank. The amount charged on him was huge as well. But he took the right decisions quickly without wasting time thinking about how his reputation is now harmed. He […]
Conjugal Rights How to be Restored
Marriage is one of the beautiful and one of the important stages of everyone’s life. It is a life-changing decision of two people who agreed to share their life with each other. But no one can predict the future, sometimes the two people who agreed to share their life might face problems in it. Marriage […]
PROCEDURES INVOLVED IN A FAMILY COURT CASE
PROCEDURES INVOLVED IN A FAMILY COURT CASE -Kishan Dutt Kalaskar According to Section 10 of the Family Courts Act,1984, the Family Courts are allowed to evolve their rules of procedure. The Code of Civil Procedure was amended to fulfil the reason behind setting up the Family Courts. Section 9 of the Act puts special emphasison […]
Death Certificate of a Missing Person
Death Certificate of a Missing Person – Kishan Dutt Kalaskar According to the Registration of Births and Deaths Act, 1969, the occurrence of death of a person has to be intimated to the Registrar of births and deaths within twenty- one days of such death. The procedure for registration of the death is well-defined in […]
LAND MARK JUDGMENTS ON FAMILY LAW FOR THE YEAR 2020
LAND MARK JUDGMENTS ON FAMILY LAW FOR THE YEAR 2020 -Kishan Dutt Kalaskar Introduction: Property Claim – No limitation period for a divorced wife to claim property endowed with her husband. Child Custody – Be that as it may, the Court was unwilling to “throw away” the Petitioner on the ground of jurisdiction. Daughters Rights […]
Abetment to Suicide an offence under Section 306 of Indian Penal Code (IPC), 1860
Abetment to Suicide an offence under Section 306 of Indian Penal Code (IPC), 1860 -By Kishan Dutt Kalaskar A person is accountable for abetment to suicide when any of the following conditions are fulfilled: • He/She instigates someone to commit suicide. • He/She takes part in a conspiracy to make a person commit suicide. • […]
Remedies against harassment by Recovery Agents -By Kishan Dutt Kalaskar
Remedies against harassment by Recovery Agents -By Kishan Dutt Kalaskar There are numerous cases of the oppressive and illegal conduct of recovery agents attempting to recover pending dues for the banks’ benefit. In the past few years there have been many such instances, to showcase an example, an 81-year-old woman was seriously threatened by recovery […]
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
According to the World Health Organization, dispensing refers to the practice of preparing and giving medicine to a person based on a prescription from a registered medical practitioner (RMP). Dispensing of medicines by an RMP has been legalized for the convenience of the patients. It allows the availability of consultation, treatment-related supplies, prescription and drugs […]
ACCOUNTABILITY OF POLICE
ACCOUNTABILITY OF POLICE -Kishan Dutt Kalaskar The incidence of police brutality, abuse of power and pre-trial detention in India has always remained a serious issue of human rights violations and has increased manifold in the recent past. The police are the most important law enforcement agency entrusted with preventing and detecting crime within a country. […]
ADULTERY UNDER THE INDIAN LAW- By Mr. Kishan Dutt Kalaskar Advocate (Retired Judge)
Adultery under the Indian Law The word adultery derived its meaning from the Latin verb adulterium that means – to-corrupt. According to the dictionary meaning, a married man commits adultery if he has intercourse with a married woman with whom he has not entered into wedlock. However, with an increase […]
SEXUAL HARASSMENT OR SEXUAL TERRORISM
SEXUAL HARASSMENT OR SEXUAL TERRORISM. “SHE WAS POWERFUL, NOT BECAUSE SHE WASN’T SCARED BUT BECAUSE SHE WENT ON SO STRONGLY DESPITE THE FEAR” WHAT IS SEXUAL HARASSMENT Sexual harassment is unwelcome sexual behaviour that’s offensive, humiliating or intimidating. It can be written, verbal or physical, and can happen in person or online.Both men and women […]
MAINTENANCE TO WIFE
INTRODUCTION Marital disputes are increasing in India and cases like dowry, divorce, maintenance, domestic violence are increasing in courts. It has been observed that whenever a woman approaches the court against her husband, she makes a maintenance claim. This is why Manu, the penetrating Smritikar of ancient Hindu law, had represented on every Hindu person that he should bind and […]
RIGHTS OF AN ARRESTED PERSON IN INDIA
INTRODUCTION The legal system in India is set on the stage of “innocent until proven guilty”. The unlawful arrest of a person may be in violation of Article 21 of the Constitution of India stating that “no human being shall be deprived of his right to life and personal liberty except as established by law” which means […]
DEFAMATION LAW
WHAT IS DEFAMATION? Defamation of any kind or damage to a person’s reputation is called defamation. The right to social prestige or honor is a unique right of every person. The reputation of a person from a poor person to a great person is more valuable than his wealth. Everyone wants to maintain this […]
State government is not bound to provide reservation in promotion.
On the day of 7 february 2020 the supreme court decision came against the uttrakhand government 5 September 2012 decisions describes about the fill all post in public services in the state without giving reservation schedule caste and schedule tribes. This decision of the government was challenged in the uttrakhand High court .Which was rejected. Supreme […]
FREE LEGAL AID
“It is the duty of the state to provide equal justice and free legal aid to every citizen.” says Indian Constitution. Legal aid means that legal aid should be provided to people with limited resources for free or at nominal fees. Although legal advice and legal aid complement each other, the two are completely different […]