LexCliq

  Criminal Defamation Introduction – Defamation, in simple words, is the injury or harm to someone’s reputation by making false statements. A man's notoriety is treated as his property and on the off chance that any individual stances harm to property he is obligated under the law, comparably, an individual harming the standing of an individual is additionally at risk under the law. Slander is characterized in area 499 of Indian Penal Code 1860 and segment 500 gives that an individual submitting an offense under this part is obligated with straightforward detainment for a term of 2 years or fine or with both. Essentials of defamation Defamatory statement The absolute first fundamental of the offense of maligning is that the assertion should be abusive for example which will in general lower the standing of the offended party. The test to check on the off chance that a specific assertion is slanderous or not will rely on how the right considering individuals society are probably goi...

  Cases on Stalking                                                                               By – Nikita Verma In one of a leading case of stalking and rape titled  PRIYA MATOO CASE  where a young law student, was stalked by stalker Mr Santosh Singh, son of a former IPS officer, raped her and murdered her in her home at Vasant Kunj Delhi. Multiple complaints filed against the culprit in Vasant Kunj and RK Puram police station. Mattoo was alone at home on January 23, 1996, when she was raped by Santosh and then killed. Afterwards the case was transferred to CBI in 1996. The high court awarded him the death penalty which was later granted life imprisonment by Supreme Court in December 2010. In 2012, the Supreme Court in its judgment of  Inspector General of Police v. S. S...

  Powers and jurisdiction of High court  This is one of the most important part of the that we should be know before going to hierarchy of the courts . There are three types of courts Supreme court to High court to subordinate court .  In the subordinate court we can file in the case . This specialty of this court is that the case can be heard in their own language . In high court other advantage is that if the person is not satisfied with the high court they can go for appeal at high court . In the supreme court it is the final court where the case is been heard and the final judgment are made . Hereafter there is such court above.  There are three types of jurisdiction : Original jurisdiction Appellate Jurisdiction  The high have the power to hear and decide the cases is known as Original jurisdiction. In appellate jurisdiction the high court hear to decide the cases which are from the subordinate court is known as appellate jurisdiction .  In the high co...

  Emergency and the Constitution Emergency Provisions The Emergency Provisions are entioned from Article 352 to Article 360 of the Indian Constitution. According to the Indian Constitution, there are three circumstances in which an emergency may be proclaimed  National Emergency : In times of war or armed rebellion. State Emergency : In times of breakdown of constitutional machinery in the states.  Financial Emergency : When there is a financial crisis in the government. National Emergency (Article 352) Grounds  The President may make a proclamation of national emergency when the security of the country is threatened by armed rebellion, war or external aggression. The proclamation may be made for the whole of India or any part of India.  Method  The proclamation is made on the advice of the Prime Minister and his Council of Ministers. The proclamation will lapse within one month, unless it is extended by a resolution of Parliament. With the approval of P...

  CHALLENGES TO INFORMAL SYSTEM OF JUSTICE.  Right to seek informal justice is a human right. This is wonderful deduction. Besides the state legal system given theft that we have different cultures and society, there has been been for time immemorial other system also operating as justice dispensers, question is whether this justice dispensed was in consonance with upholding human rights.  In present times it is a efficient mode of redressal and delivery of justice which ensures equality of all the parties in dispute. They are responsible for dispute resolution, punishing and investigating the matters bought before them and aim to deliver speedy and fair decisions.  The lok adalats, Nyaya Panchayats, mediation, conciliation arbitration, negotiation are examples of informal modes of access to justice.  Informal justice system are based on fact that they are immediate mechanisms for justice and they are inexpensive and easy to approach. Almost 80 % of the populati...

  PRIME MINISTER OF INDIA The Prime Minister of India is the chief of Government, head of the Council of Ministers and the leader of the majority party in parliament. The Prime Minister leads the executive branch of the Government of India. The Prime Minister is that the most Senior Minister of Cabinet within the Executive Office of the President of state during a parliamentary system. The Prime Minister selects and may dismiss other members of the cabinet; allocates posts to members within the Government; is that the presiding member and Chairman of the cupboard and responsible for bringing proposal of legislation. The Prime Minister is appointed by the President to help the latter within the administration of the affairs of the chief. The current Prime Minister is Narendra Modi from 2014 till now Constitutional Framework and Position of Prime Minister The Constitution envisages a scheme of affairs during which the President of India is that the head of the chief in terms of Artic...

  OBITER DICTA: AN ANALYSIS  Obiter dictum  phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it  refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court.  Obiter dicta an important element of a judgement is not material to the final decisions of the case, however these remarks are respected and tend to carry significant weightage and value in future cases and acts as a guide to the judges. Over the span of judgment a judge may mention objective facts not absolutely pertinent to decide the issue.. These obiter dicta are useful to excuse law just to propose answers for issues not yet chosen by the Court. For instance the right to live in a pollution free environment, there is a bench of three judges and two agree that right to live in a pollution free  should be included in in article 21 and one judge gives his reasons which is different from the other two jud...