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Showing posts from May, 2018

Procedure to reply to a defamation legal notice

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

Ways to learn basic laws, i.e. business laws or human rights prevailing in India in a easy manner

Business Laws or Human rights basics are clearly mentioned in text books of LL.B. To learn basics of Human Rights Law in an Indian Legal perspective, hence the following link will help you to download the pdf related to it:- http://nhrc.nic.in/Documents/Pub... There are many books, which you can purchase online (it will save your time), as per my research, for fundamentals of Human Rights Law in an Indian Legal Perspective, you should buy this book:- Buy Human Rights in India Book Online at Low Prices in India For basics of Business Laws the following link will enable you to download a pdf :- http://icsi.in/Study%20Material%... The online book on fundamentals of Business Laws in an Indian Legal perspective is the following:- Amazon.in: Buy BUSINESS LAWS - One Should Know Book Online at Low Prices in India The following topics you should read for understanding the basics of Human Rights in an Indian legal perspective:- 1. The Rights of the Child 2. The Rights of the Disabled 3. The Righ

Whether IPC 354A bailable or non-bailable offence?

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S. 354 A of IPC is stated under Chapter XVI . Sexual harassment and punishment for sexual harassment "A man committing any of the following acts— physical contact and advances involving unwelcome and explicit sexual overtures; or a demand or request for sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment. Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The reason behind a person who is a murder accused but still gets bail

A murder accused gets bail due to following reasons; S.437. Cr.P.C. When bail may be taken in case of non- bailable offence.- (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but (i) such person shall not be so released if there appear reasonable grounds for believing that he hasbeen guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years: Provided that th

A criminal case cannot be filed from anywhere

No, any case cannot be filed anywhere. You can file a private complaint before the court having jurisdiction. Means where the crime has been committed, that area will be coming under a Police station and that police station comes under a JMFC i.e. a court. That particular court will hold the jurisdiction to try that criminal matter. There is no time limit fixed for filing criminal complaint. However, one shall have to explain the reason for the delay if there is extra ordinary/un-reasonable delay in filing the criminal complaint. PROCEDURE TO FILE A CRIMINAL COMPLAINT A detailed procedure for filing criminal complaints has been laid down in India, as per the Criminal Procedure Code. The following steps will clear any doubts you may have over filing a criminal complaint in India: Filing an FIR In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Inf