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Showing posts from April 19, 2017

Plea Bargaining in India: Need for Relook

Till the midst of 20th Century, the community world over was not very positive about the  plea bargaining as an effective tool in adjudication processes, and when discussions of the practice occurred, it usually was critical. It was purported to be heavily loaded in favour of the offenders and was taken as undermining the sufferings of the victim. However with restorative justice gaining wider acknowledgement and acceptance over the retributive justice in major part of the world, the concept of plea bargaining was gradually accepted and it became integral part of the criminal justice system in large number of countries, with USA as a classic example where almost 90% to 95% of the matters are settled through Plea bargaining In India, even after 12 years of implementation, the system of plea bargaining is, it seems and is, still in its experiment and developmental stage. The concept was introduced as part of reforms in existing Criminal Laws as Criminal Law (Amendment) Act, 2005 (Act

Stop being BUSY, Make it EASY

Man today has made tremendous progress.  He has acquired vast material resources, powerful appliances and instruments.  There is no dearth of goods that make life comfortable.  Even luxuries are available in abundance.  But even then we find man in distress.  He does not find his life and property safe or secure.  Violence may erupt anywhere anytime.  Hence, fear keeps him deprived of the peace within.  Tension tends to prevail all the time due to one reason or the other.  Who is responsible for this state of affairs?  The answer is : 'Man himself' Along with the numerous achievement in the field of science and technology, he has made all kind of weapons also. We have bombs that can create havoc on the earth and in the air.  And human mind is so unpredictable that it may trigger any weapon any time anywhere quoting any reason.  Obviously that is what is keeping man under constant fear and tension.           Why weapons alone?  Humanity is sought to be split by man  th

Need of Digital Payments

As the country moves towards a cashless environment after demonetization, the initial awe and confusion have given way to a flurry of concerns. Will the emphasis on online transactions provide convenience and tangible benefits or just add to stress and additional charges? To incentivize the move towards a cashless economy, the government has come up with a rash of discounts and freebies on digital transactions. But will these be substantial enough and, along with other benefits, counter the higher risk of identity theft once the currency notes are back in circulation? Here is a look of pros of the digital payments in the country: a) Convenience : The ease of conducting financial transactions is probably the biggest motivator to go digital. You will no longer need to carry wads of cash, plastic cards, or even queue up for ATM withdrawals. It’s also a safer and easier spending option when you are travelling. b) Discounts : The recent waiver of service tax on card transaction

ARTICLE 44 OF THE CONSTITUTION: A NUMB LETTER TO BE SALVAGED

Uniform Civil Code is the alternative recommendation for distinctive laws based on personal laws of customs of the vast religious communities which exist in India. The UCC will codify matters relating to divorce, marriage, maintenance, adoption, etc. It is one of the Directive Principles manifested in Article 44 of the Indian Constitution. However, the Directive is not in contradiction with Article 25 of the Indian Constitution. There exists a misconception that the implementation of the Uniform Civil Code will invalidate one to practise his/ her own religion. The Uniform Civil Code has been an important issue in regard to secularism in the country. It was also a controversial topic after the Shah Bano Case in the year 1985 where disputes arose about unreformed laws of the Muslim Personal Law and the Sharia Law. Although India is a diverse country, yet orthodox thinking against women still exists, therefore women face problems due to the divergent laws for marriage, adoption, divor

IMPORTANCE OF LEGAL RESEARCH

Whether you’re in your first or last semester of your law degree, everyone is always telling you that everything is important: you have to have effective public speaking skills, you have to have excellent writing skills, you have to network, and you have to have excellent critical analysis skills. All of these skills are useful, but having effective legal research skills is incredibly important to your success, not only in your law degree but also throughout your legal career. There are far too many cases, statutes and regulations for us to learn all of them at law school, but legal sleuthing skills will mean that you’re able to learn about new areas of the law and keep up to date throughout your career. Having Sherlock Holmes-like skills in legal research will also ensure that you are not wasting your time sifting through irrelevant information. You’ve probably been given a problem solving assignment or an essay during your law degree, for which Google didn’t have the answers, a