A & M Law Firm, Pune

India has nearly a population of 472 million children below the age of eighteen, out of which 225 million are girls. Protection of children by the state is guaranteed to Indian citizens by an expansive reading of Article 21 of the Indian constitution, and also mandated given India's status as signatory to the UN Convention on the Rights of the Child. Child sexual abuse laws in India have been enacted as part of the nation's child protection policies. The necessity for a legal remedy is evident given that nearly 24 per cent of all children have suffered sexual abuse, and half of these were at the hands of persons in the position of trust. The children are vulnerable as they are innocent and are not aware about the predators. In order to provide them protection, the Parliament of India passed the 'Protection of Children Against Sexual Offences Bill, 2011' regarding child sexual abuse on 22 May 2012 into an Act. The rules formulated by the government in accordance with

In a Private Limited Company – Minimum two Directors should be there. Hence both the Directors should sign the resolution. As per Sec.21 of Companies Act 2013, resolution can be signed by any Key Managerial Personnel (which includes a Managing Director) or an officer of the company duly authorized by the Board. Hence there is nothing illegal, if the resolution is signed by Managing Director.Provisions of the Companies Act, 2013: Section 21: Authentication of documents, proceedings and contracts. For this provision, no rules are prescribed the Companies Rules, 2013 [Section 21 is brought to force with effect from September 12, 2013.] This section is applicable to all companies. Any document or proceedings requiring authentication by a company, may be signed by any key managerial personnel. It may also be signed by an officer of the company if so duly authorized in this behalf by the Board of Directors of a company. Similarly contracts made by or on behalf of a company shall be signed. T

A Session Judge can pass any sentence authorized by law- sentence to death is subject to confirmation by High Court. Assistant Session Judge can pass sentence, Imprisonment up to 10 years or/ and fine. For criminal cases, like all MPs, she/he can be arrested anytime. She/he can be arrested in the name of preventive detention and contempt of court as well. For civil cases, she/he enjoys some immunity. Prime Minister is a member of parliament. Members of parliament cannot be arrested during the session of parliament and 40 days before beginning of session and 40 days after the end of session (Article 105). There are 3 sessions of parliament in a year. Lok Sabha sits for around 70 days a year. So there are 310 days out of 365 in which they cannot be arrested for civil cases. Cases can be filed against the sitting Prime Minister , and he/she can even be called for cross examination by the Indian Courts. If found guilty by courts , irrespective of being the sitting Prime Minister he/she has

It does not matter whether the broker is hired by the owner or not hired by the owner. As the broker has cheated you, so you can file a complaint to the nearest Police station, as per Cheating in India (section 415 of IPC) & S.420 of IPC (Cheating and dishonestly inducing delivery of property). Illustration of cheating with the help of an example, is mentioned below:- Broker rented YOU a Flat. Broker , intentionally deceived YOU into believing that the Flat belonged to X, & X has made him the broker and thereby induced you to pay the brokerage amount to him. BROKER has committed the crime of cheating. The points which amounts to the offence of cheating 1. The accused must deceive another person 2. The person so deceived should be induced to deliver any property to any person, or 3. The person so deceived should be intentionally induced to do or at times, not to do an activity. There are two classes of acts which the person deceived may be induced to do. Firstly he may be induce

Top Law colleges in India with low fees in comparison to Private Law colleges, are all Government run Law colleges. 1.National Law School of India University, Bangalore 2.Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur 3.National Law University, New Delhi 4.NALSAR University of Law, Hyderabad 5.National Law University, Jodhpur 6.Gujarat National Law University, Gandhinagar 7.WB National University of Juridical Sciences, Kolkata 8.Faculty of Law, University of Delhi, Delhi 9.Rajiv Gandhi National University of Law, Patiala 10.National Law Institute University, Bhopal 11.National University of Advanced Legal Studies, Kochi 12.Faculty of Law – Banaras Hindu University 13.Faculty of Law – Aligarh Muslim University 14.Hidayatullah National Law University, Raipur 15.Dr Ram Manohar Lohiya National Law University, Lucknow 16.Indian Law Society Law College, Pune 17.National Law University, Cuttack 18.Government Law College, Mumbai 19.National Universi

You can lodge a complaint related to any misconduct by any police officer to PCA (Police Complaint Authority). In 2006, The Supreme Court of India in the case of Prakash Singh & Others gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states. The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital. The Police

Bail is an agreement to attend court to answer a criminal charge. It can be granted at any stage of criminal proceedings. Often, when bail is granted, a number of conditions are applied to the bail undertaking. These can include surrendering a passport or agreeing to report to police on a regular basis. A well known condition is to deposit a sum of money with the Court and agreeing to forfeit that money if bail is breached. After the Court matter has been finalised, bail will be refunded. There are following types of Bail payment methods related to Bail conditions: Surety Bail Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances. Cash Bail If yo

As per Soviet model, the fundamental duties were added to the Indian Constitution by 42nd amendment of the constitution in 1976. The fundamental duties are contained in Art. 51A. List of Fundamental Duties: Art. 51A, Part IVA of the Indian Constitution, specifies the list of fundamental duties of the citizens. It says “it shall be the duty of every citizen of India: To abide by the constitution and respect its ideal and institutions; To cherish and follow the noble ideals which inspired our national struggle for freedom; To uphold and protect the sovereignty, unity and integrity of India; To defend the country and render national service when called upon to do so; To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women; To value and preserve the rich heritage of our composite culture; To protect and improve the natural environment includi

The Government of India enacted its Information Technology Act 2000 with the objectives stating officially as: “to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, 1872, the Bankers' Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto. The Act essentially deals with the following issues:  Legal Recognition of Electronic Documents  Legal Recognition of Digital Signatures  Offenses and Contraventions  Justice Dispensation Systems for cyber crimes. CYBER CRIME- Cyber Crime is not defined officially in IT Act or in any oth

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.    Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:    Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-    Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.    Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share.    Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.    Rule 4.-The distribution of the share

I have divided the above title in two parts for reader's convenience. So firstly we will understand purpose of a Legal Notice. A Legal notice is a formal communication to a person or entity informing him that you intend to undertake legal proceedings against an individual. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against an individual, if an individual fails to comply with some specified condition. Procedure to send a Legal notice Engaging a qualified lawyer helps in drafting the legal-notice. Extreme care is taken about the choice of words and language used and measures of caution about not admitting any fact which you may later be denied in a court of law. Once the legal notice is dispatched then you cannot make any changes in that and later on also you cannot make any contradictory statement from what you have already stated in a legal notice. The Notice is sent on a plain paper or on the letterhead of the lawye