Saturday, 29 December 2018

CABINET APPROVED POCSO ACT AMENDMENT THAT MAKES DEATH PENALTY FOR AGGRAVATED SEXUAL ASSAULT AGAINST MINORS


The Union cabinet approved amendments to the Protection of Children from Sexual Offences (Pocso) Act, 2012, to make punishment stricter for those who are convicted in sexual crimes against children below the age of 18 years. The Bill was introduced to amend the Indian Penal Code to provide death penalty for aggravated sexual assault of a girl less than 12 years. The amendments extend the punishment for aggravated penetrative sexual assault from a minimum of 10 years to a minimum of 20 years, up to a maximum of life imprisonment and even the death penalty under Section 6 of POCSO Act.


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Saturday, 22 December 2018

ABHAYA LEGAL SERVICES | DIVORCE LAWYERS IN HYDERABAD | FAMILY LAWYERS IN HYDERABAD


Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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Friday, 21 December 2018

CONSUMER PROTECTION BILL, 2018 PASSED IN LOK SABHA


The Lok Sabha passed the Consumer Protection Bill 2018, which would replace the Consumer Protection Act 1986. The bill will strengthen the rights of consumers and provide a mechanism for redressal of their complaints regarding defects in goods and deficiency in services. The bill mandates a harsh penalty and even imprisonment for misleading ads and food adulteration. There will be jail term for seven years or life imprisonment and at least Rs.10 lakh fine in case of death caused by any adulterated product. The will now go to the Rajya Sabha for passage.


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Thursday, 20 December 2018

LOK SABHA PASSED BILL THAT PROHIBITS COMMERCIAL SURROGACY


The Lok Sabha passed the Surrogacy (Regulation) Bill, 2016, aimed at banning commercial surrogacy and allowing only altruistic surrogacy to needy infertile couples, who have been married for at least five years. The Bill also stated that the surrogate mother has to be a close relative and there is no monetary exchange except for necessary medical expenses. Singles, homosexuals and live-in couples cannot apply for surrogacy. The Bill also entitled only Indian citizens to avail of surrogacy, whereas foreign nationals are not allowed to commission surrogacy in the country. The draft law has a provision for a jail term of up to 10 years and a fine of ₹10 lakh for violations. It will become law once the Rajya Sabha approves it.


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Tuesday, 18 December 2018

CABINET APPROVED AMENDING LAW TO MAKE AADHAAR SEEDING OPTIONAL KYC FOR MOBILE NUMBERS AND BANK ACCOUNTS


The Cabinet approved amending the existing laws to provide legal backing for seeding of Aadhaar number with mobile numbers and bank accounts as an optional KYC after the Supreme Court barred mandatory use of Aadhaar by private firms, sources said. The Cabinet approved amendments to the Telegraph Act and the Prevention of Money Laundering Act (PMLA). Under the amendments, an Aadhaar holder can opt for offline verification through QR code and will not require sharing of actual Aadhaar number. The government has also proposed an imprisonment of up to 10 years for attempting to hack Aadhaar data. Those minors who have an Aadhaar number will have the option to withdraw from the biometric system on attaining 18 years of age.


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Monday, 17 December 2018

CAN’T REPLACE BIOLOGICAL FATHER’S NAME IN BIRTH CERTIFICATE, RULED BY SESSION’S COURT IN GUJARAT


A Local Court in Ahmedabad (Gujarat) refused to replace the name of a child’s biological father with that of the adoptive father on a birth certificate, saying that it is the ‘legal right of a child to preserve his or her identity, including nationality, name and family relations as recognized by law’. The court passed this order after the adoptive parents had sought a change in the father’s name on the child’s birth certificate after the mother divorced her first husband and remarried. The court further clarified that inserting the name of the adoptive parents is easy and valid in cases of adoption of children who are abandoned by their biological parents.


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Friday, 14 December 2018

SUPREME COURT ASKED CENTRE TO INCREASE PENSION AMOUNT FOR SENIOR CITIZEN AND ALSO ASKED TO FILE REPORT ON OLD AGE HOMES IN THE COUNTRY

The Supreme Court asked the Centre to increase the pension amount for senior citizens and take steps to set up at least one old age home in each district in order to provide succour to elders who are below the poverty line. The Court also directed the Centre to compile data on number of old age homes in each district and the medical and geriatric care facilities available to senior citizens in each district, and granted time till January 31 to the Centre to file status report. As per Maintenance and Welfare of Parents and Senior Citizens Act, one old age home must be set up by states in each district.


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Thursday, 13 December 2018

BAN SALES OF ONLINE MEDICINES ACROSS THE COUNTRY: DELHI HIGH COURT


The Delhi High Court ordered a ban on the sale of online medicines by e-pharmacists across the country and directed the Central and Delhi governments to implement the order immediately. The court passed the order while acting on a PIL filed by Delhi-based dermatologist Zaheer Ahmed. In his petition, he had complained that lakhs of medicines are selling on the internet without much regulation, posing a huge risk to patients and doctors alike. He also pointed out that online sale of medicines is not permitted under the Drugs and Cosmetics Act, 1940 and Pharmacy Act, 1948.


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Wednesday, 12 December 2018

DON’T REVEAL IDENTITY OF VICTIMS OF RAPE AND SEXUAL ASSAULT, EVEN IF THEY ARE DEAD: SUPREME COURT


The Supreme Court prohibited the media from publishing or airing the names and identity of victims of rape and sexual assault, including those who have died, cannot be disclosed even in a remote manner. The Court said that only Special Courts under POCSO can permit the disclosure of the identity of a minor victim, that too, only if such divulgence were in the interest of the child. The Court also asked the states and Union territories to set up ‘one-stop centre’ in every district to provide integrated assistance to rape victims through police, medical, legal services along with counselling, relief and rehabilitation.


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Tuesday, 11 December 2018

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Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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Thursday, 6 December 2018

SUPREME COURT APPROVED WITNESS PROTECTION SCHEME, 2018 AND DIRECTED TO SET UP VULNERABLE WITNESS DEPOSITION COMPLEXES IN EVERY DISTRICT OF COUNTRY


The Supreme Court on Wednesday approved the Central government’s draft witness protection scheme and asked all the States to implement it until Parliament comes out with legislation. As per the scheme, police escort will be provided to witnesses who are threatened and, if needed, they would be relocated to a safe house. The Supreme Court has directed that witness deposition complexes be set up in all district courts by the states and union territories within a year.


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BANGALORE BASED CONSUMER COURT SAID THAT MATERNITY BENEFITS NOT JUST FOR LIVE BIRTHS


A Consumer Court in Bangalore city criticised a private insurance company’s contention that is applicable only to live births. The judges slammed the firm’s decision to deny a Bengaluru techie her policy claim after she had to abort her 23-week twin foetuses. After a five-year battle by the victim, the court rapped the firm for acting unjustly and ordered full payment as well as compensation, and stated that childbirth doesn’t indicate living or dead child. It is a settled proposition of law that a child in its mother’s womb is entitled to all rights.


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Wednesday, 5 December 2018

SUPREME COURT ASKED BIHAR AND KERALA HIGH COURTS TO SET UP SPECIAL COURTS TO SPEED UP TRIALS OF CRIMINAL CASES AGAINST TAINTED NETAS


The Supreme Court directed constitution of special courts in each district of Bihar and Kerala for the trial of pending criminal cases against present and former MPs and MLAs. The direction came after the court was told that there are 4,122 criminal cases pending, some for over three decades, against sitting and former members of Parliament and legislative assemblies while 1,675 are against former lawmakers.


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Monday, 3 December 2018

LAW MINISTRY APPROVED AMENDMENTS TO POCSO ACT TO BRING PUNITIVE MEASURES AGAINST THOSE IN POSSESSION OF PORNOGRAPHIC MATERIAL INVOLVING KIDS


The law ministry has approved the proposal for amendments to Protection of Children Against Sexual Offences Act, 2012 to bring punitive measures against those in possession of pornographic material involving kids. For those found storing such material for commercial use, the jail term may extend to five years on first conviction, will be non-bailable and involve hefty fine. On second conviction, jail term could extend up to seven years. Now the Amendment Bill will prepare for Cabinet note.


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Wednesday, 28 November 2018

SUPREME COURT PULLED UP BIHAR GOVERNMENT OVER SEXUAL ABUSE CASES IN 17 BIHAR SHELTER HOMES AND ASKED CBI TO PROBE THE CASES


The Supreme Court pulled up the Bihar government for their failure to file correct FIRs under stringent provisions of law in 14 shelter homes abuse cases and gave them 24 hours to add charges under Section 377 (sodomy) of the IPC and the POCSO Act to the FIRs. The court decided to hand over investigations to the Central Bureau of Investigation (CBI) for 17 such homes, including the one in Muzaffarpur that is already being probed by the agency.


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Monday, 26 November 2018

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Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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Saturday, 24 November 2018

CHANGING THE LAW OF CHILD PORNOGRAPHY, 5-YEAR JAIL FOR CHILD PORN POSSESSION, NO BAIL FOR ACCUSED


The new proposed amendments in the Section 15 of the Protection of Children from Sexual Offences Act (POCSO) plan to crack down on child pornography. Possession of child pornographic material for commercial use, viewing and storage of such material and their transmission and distribution may soon invite severe punishment, including a hefty fine and jail term extending up to five years. It will be treated as a non-bailable offence and, on second conviction, the accused may face a jail term of up to seven years. The proposed amendments also include penalties for not mandatorily reporting child pornography as also possession of pornographic pictures and videos on WhatsApp. The proposal is awaiting the approval of the law ministry.


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Thursday, 15 November 2018

DISTRICT JUDGE BOOKED ON GRAFT CHARGES IN TELANGANA FOR HAVING ILLEGAL ASSETS WORTH RS 3 CRORE


Additional district judge of Ranga Reddy district court, Vaidya Vara Prasad, has been booked on charges of amassing disproportionate assets by the state Anti-Corruption Bureau, which conducted searches at the houses of the judge and his associates. Simultaneous searches were carried out at 11 places in Telangana and in Maharashtra, a day after the ACB filed a case against XIV additional district judge Prasad following a direction from the Hyderabad High Court. Disproportionate assets worth 3 crore were discovered during the searches.


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Tuesday, 13 November 2018

SUPREME COURT DECLINED A PETITION TO MAKE RAPE GENDER-NEUTRAL OFFENCE


The Supreme Court on Monday refused to entertain a plea challenging the Constitutional validity of Section 375 of Indian Penal Code (IPC) which deals with rape on the ground that the provision is not gender-neutral. A bench headed by Chief Justice Ranjan Gogoi and Justice S K Kaul said that the appropriate remedy was an amendment to the law which only Parliament could do.


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Monday, 12 November 2018

FAILURE TO KEEP PROMISE DOES NOT COUNT AS CHEATING: HYDERABAD HIGH COURT


Mere failure to keep up a promise will not come within the ambit of cheating. In cases relating to marriages, let down from a promise to marry does not in any way attract the offence under Section 420 of IPC. In one such a case before the Hyderabad High Court, the petitioners-accused (A1 and A2) moved the court with a plea to quash the proceedings against them for the offences under IPC sections 417 (punishment for cheating), 420 (cheating and dishonestly inducing delivery of property) and 109 (an offence committed in consequence of abetment). The judge said that even if the complaint’s allegations are true, mere failure to keep up the promise will not come within the ambit of cheating. Based on the petitioners’ promise, if the father of the girl had incurred any expenditure towards engagement, he can recover the same by way of damages whose remedy lies in civil law, the judge observed and quashed the proceedings pending before a lower court.


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Friday, 9 November 2018

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Wednesday, 10 October 2018

UNDER SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 IF A MAN TOUCHES A WOMAN INAPPROPRIATELY, YOU COULD GO TO JAIL FOR 5 YEARS


When the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or POSH Act, was passed, the Criminal Law (Amendment) Act, 2013, was also passed and Section 354 was added to the Indian Penal Code. This defines sexual harassment and the penalties for the offence. Under this Act, violator will face 1-5 years jail and fine under Criminal Law Act, 2013 if he touches a woman inappropriately. Observing, capturing, distributing images of a woman without her knowledge will lead to 1-7 years’ jail and fine under Information Technology Act, 2000.


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Friday, 5 October 2018

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Wednesday, 3 October 2018

IF AGITATING PROTESTERS DAMAGE PROPERTY, LEADERS MUST GO TO POLICE: SUPREME COURT


The Supreme Court expressed serious concern over the damage of public property during public agitations, and said that if protesters turn violent and vandalise property their leaders must present themselves for questioning at a police station within 24 hours. The court said that if the leaders fail to do this without any sufficient reason should be proceeded against as a suspect and legal process initiated forthwith, including for being declared absconder in accordance with law. The Court also said that leaders will be granted bail only if they deposit the estimated cost due to loss or damage, either individually or collectively.


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Monday, 1 October 2018

ACCUSED IN CRIMINAL CASE IS ENTITLED TO ‘DEFAULT BAIL’ IF POLICE FAIL TO COMPLETE PROBE


An accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure after the expiry of statutory period of remand and non-filing of charge sheet by the police. An indefeasible right accrues in favour of the accused for being released on bail if the police fail to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be. The accused concerned can be released on bail if he is prepared to and furnishes the bail as directed by the magistrate/court.


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Saturday, 29 September 2018

SUPREME COURT ALLOWED ENTRY OF WOMEN OF ALL AGES INTO SABARIMALA TEMPLE


The Supreme Court allowed the entry of women of all ages into the Sabarimala Ayyappa temple in Kerala. Till now, women in the 10-50 age groups were denied entry on the ground that they were of menstruating age. The court termed this centuries-old Hindu religious practice as illegal and unconstitutional and paved the way for women’s worship at par with men. The Court said that Right to worship is given to all devotees and there cannot be any discrimination on the basis of gender.


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Friday, 28 September 2018

SUPREME COURT REFUSED TO REVIEW NAMAZ IN MOSQUE PETITION AND SAID IT WILL ONLY HEAR AYODHYA LAND DISPUTE


The Supreme Court declined to refer to a five judge constitution bench the issue of reconsideration of the observations in its 1994 judgement that a mosque was not integral to Islam which had arisen during the hearing of the Ayodhya land dispute case. In a majority verdict of 2:1, an Apex Court bench said that the civil suit has to be decided on the basis of evidence, adding that the previous verdict has no relevance to this issue. The court said that the civil suit on land dispute will be heard by a newly constituted three-judge bench on October 29.


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Thursday, 27 September 2018

SUPREME COURT AGREED LIVE-STREAMING OF COURT PROCEEDINGS


The Supreme Court agreed to live-streaming and video recording of court proceedings, saying “sunlight is the best disinfectant”. The top court said that live streaming of crucial hearings will accomplish the 'public right to know' and bring in more transparency in judicial proceedings. However, the Bench added that necessary rules for balancing the rights of public and protecting dignity of litigants will be placed soon.


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SUPREME COURT APPROVED SC/ST QUOTA IN JOB PROMOTIONS, AND SAID COLLECTING DATA ON BACKWARDNESS NOT NEEDED


The Supreme Court refused to set up 7-judge bench to review its 2006 order on the SC/ST quota in job promotions. The Apex Court ruled that there will be no reservation in promotion for SC/STs in government jobs. The court said that there is a need for quantifiable data to give reservation. The Court also said that there is no need to collect data on SC/ST in reservation in promotion in government services.


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