08 September

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“No Arrest, No FIR” in offences under Drugs and Cosmetics Act

By Swapnil Joshi Not every crime requires arrest of a person, and to effect arrest the arresting authority must be empowered under the statute to exercise the power to arrest. Chapter IV of the Drugs and Cosmetics Act, 1940 deals with the offences under the said Act, which is a special statute made applicable throughout the India to regulate the import, manufacture, distribution and sale of drugs and cosmetics. A frequent question that arises, especially in legal and enforcement circles, is whether the police have the authority to arrest individuals in connection with offences under this Act. The Supreme Court has provided...

08 September

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The Forgotten Fifth Pillar: Why Legal Knowledge Keeps Our Democracy Alive in India

Posted by Swapnil Joshi

in Uncategorized

“A nation’s greatness lies not in how loud its people cheer, but in how well they understand their rights.” India is often celebrated as the world’s largest democracy. We take pride in our elections, in our Constitution, and in the sheer scale of our civic life. But somewhere between the Constitution’s lofty ideals and the everyday struggles of its citizens lies a quiet crisis—most Indians don’t know the law that protects them. We often speak of India's democracy having three branches—the executive, legislature, and judiciary—and journalism or civil society as the “fourth pillar.” But "legal literacy"—the knowledge of laws, rights, and judicial...

08 September

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Cyberbullying and mental health:Do Indian laws protect students enough?

Posted by Swapnil Joshi

in Uncategorized

Students in today’s time are online as much as they are offline or perhaps more. Exposure to various online and social platforms is becoming a threat that was once dismissed as “online teasing”. Cyberbullying has become a serious affair that targets the mental health of students across India . This rightfully leads us to question, whether the laws of our country are evolving fast enough, to protect students . The Mental Catastrophe There are many different ways in which cyberbullying can occur , such as texting derogatory messages, forwarding confidential pictures or messages, sending threatening e-mails, or posting on social media...

08 September

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LANDS OF GOD: THE QUIET STORM AROUND THE WAQF AMENDMENT BILL

Posted by Swapnil Joshi

in Uncategorized

By Priyanka Ashok Deshpande For centuries, God has been named on deeds of land, while mortals have managed the records. From silent act of devotion to vast tracts of donated estates, religious endowments have quietly shaped India’s landscape. As “Once a waqf, always a waqf”. Waqf, an enduring Islamic tradition, is driven by faith, purpose, and legacy. Many offer waqf as sadaqah jariyah—a form of ongoing charity that rewards even after death. Others dedicate property to serve the community through mosques, schools, and healthcare. It's also a way to preserve family assets, honor loved ones, and uphold a rich tradition of giving. In every case, the intention is...

25 June

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Basic Structure Doctrine of the “Constitution of India”

Posted by Swapnil Joshi

in Uncategorized

Article By- Om Sanjay Botwe Introduction: The Constitution of India has guaranteed several provisions to ensure good governance and to protect the rights of the Country as well as its citizens. Also, the Constitution of India being a supreme, special, legal document gives a clear road map to perform their duties in the Centre and State. All three organs should work within the boundaries of the Constitution. The concept of the Basic Structure Doctrine was taken into consideration by the Judiciary on 24th April 1973 in the Keshvananda Bharati case which is also known to be an extensively highlighted area of democracy and the political infrastructure of India....

23 December

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WOMEN IN HIGHER JUDICIARY

Posted by Avani Shirsikar

in Legal Updates

With India set to have its first woman Chief Justice, Justice B. V. Nagarathna, it is time to rethink the representation of women in judiciary, especially higher judiciary. It will only be in 2027 that Justice Nagarathna will take over the highest judicial office in the country but the larger question is — why did it take so long for a woman to climb up the ladder after more than 75 years of the country’s independence? ...

23 September

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SALIENT FEATURES OF THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006

Posted by Swapnil Joshi

in Legal Advice

1. This law is enacted with an object of promotion and development and enhancing the competitiveness of Micro, Small and Medium Enterprises ( “MSME”) 2. This Act has improved and repealed earlier legislation viz. Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993. 3. This Act has applicability of Arbitration and Conciliation Act, 1996. 4. This Act provides for definition of the “Small Enterprise” and “Medium Enterprise” which were not statutorily defined earlier. Section 2 (g) & (m)...

20 August

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LAW OF PRESUMPTIONS

Posted by Sanjeev Deshpande

in Legal Advice

Indian criminal justice system is based on the principle of “ let 100 criminals be released but one innocent should not be punished” So there is presumption of innocence of the accused. Ultimately an accused has right to maintain golden silence. Prosecution is burdened to prove its case beyond the reasonable doubt ...

18 June

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Online IPR Infringements and Information Technology Act 2000

Posted by Swapnil Joshi

in Information Technology

Internet is an Angel and a Witch at the same time. We naturally don’t want our children to use Internet and whenever child start using Internet either on smart phones or computers, you become spy and start spying on your child. This is insecurity which compels you to do this as you are aware of pros and cons of Internet. It’s an ocean of evil and you want to protect your child from the evil. This is something Hippocratic, as surveilling parent willing to protect the child himself downloads songs from Songs.Pk...

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