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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
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Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
Mohan Breweries & Distilleries V/s Commercial Tax officer, Madras
Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
Dr. M. Kocher V/s Ispita Seal
Smt. Seema Kumar V/s Ashwin Kumar
Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
Surendra Kumar Bhilawe V/s The New India Assurance Company
Seat Vs Venue of Arbitration
D. Velusamy V/s D. Patchaimmal
Standard from of Contract - Legal or Illegal?
Life Insurance Corporation of India V/s Mukesh Poonamchand Shah
MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
G. Raj Mallaih and Anr. V/s State of Andhra Pradesh
Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
Triloki Nath Singh V/s Anirudh Singh
Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
Hygiene maintenance in Hospitals and Clinics
Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
Importance of Consent
Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
Money Laundering
Hindu Undivided Family (HUF)
Child Labour
Endorsement under Negotiable Instrument Act
Quashing of an FIR
Annulment of Marriage
Probate
FAQ's on Trademark
EMI - Equated Monthly Installments
Legal mistakes made by the Start-Up
What is a Stamp Paper?
Sexual Abuse in Shelter Homes
Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
Documents to be submitted for ITR Filing
Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
All you need to know: Drafting a Legal Notice
Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
Why do doctors need to be updated with medical negligence laws?
Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
Does telephonic consultations amount to culpable negligence?
Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
Regulations for firecrackers during Diwali
Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Adv. Kishan Dutt Kalaskar
Date:05 April 2021
Others
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Views:1284
Likes:0The incidence of police brutality, abuse of power and pre-trial detention in India has always remained a serious issue of human rights violations and has increased manifold in the recent past. The police are the most important law enforcement agency entrusted with preventing and detecting crime within a country. The police must maintain law and order in society and ensure peace. More often than not, one comes across news of manhandling and illegal detention by the police of innocent persons. There is mounting national and international pressure to protect and conserve certain basic human rights of all individuals.
Physical and Verbal Abuse
The recent case of custodial death in Tamil Nadu's Tuticorin of the father-son duo, P. Jayaraj and J. Benicks, has brought into light the need for generating awareness regarding the protection of human rights of persons in custody. Jayaraj and Benicks were taken into custody for violating Covid-19 curfew hours and died in custody two days after their release. The family suspected that they had been tortured. According to the family, the duo was taken to a government hospital on 20th June 2020, where they were found in bad shape, and their pants were soaked in blood. As the gruesome details became known, the case sparked outrage on and off social media and soon gained national attention, and the Madras High Court took up suo moto cognizance of the matter and directed the Kovilpatti Judicial Magistrate to inquire into the matter. On the basis of a report of the local Magistrate investigating the deaths, the High Court stated there was a prima facie case of murder against the main accused. The Court also cited the serious injuries listed in the post-mortem report and testimony of the eyewitness, a female constable at the police station. Hours later, the five policemen were arrested.
According to the Magistrate, the CCTV footage of the assault had been erased, and the officers had initially refused to submit the batons they had used to beat the two men with. The officers who were accused in the deaths were initially transferred, and, as demands for more severe action grew, they were suspended.
There are have been several instances where the police have severely manhandled the citizens irrespective of whether they have been arrested or whether they are innocent bystanders who approach the police to register a complaint. For instance, in April 2020, Mohammed Rizwan was beaten with lathis and rifle butts for venturing out of his home, attempting to buy biscuits. After such gruesome treatment was meted out to him, he succumbed to injuries after two days. Legally speaking, no police officer can physically beat any person to make an arrest or compel their production in a police station.
Available Remedies
Denial of basic rights to persons in custody constitutes an ascertained blow on human dignity, having the effect of destroying an individual's personality. The Courts in India have been vigilant against the infringement of the human rights of those detained by giving a liberal and expansive interpretation of life and personal liberty. Obtaining an effective remedy for complaint against the police is integral so as to protect the rights of citizens. According to the National Crime Bureau, there are about 54, 916 complaints were reported in 2015, out of which only 16,308 complaints were inquired into, but only 1122 police officers were actually prosecuted, and only 25 of them have been convicted. There seems to be no logical explanation for such poor rates of conviction of police personnel.
1. Police Complaint Authority
In the landmark judgement in Prakash Singh v. Union of India, the Supreme Court, upon an extensive review of past authorities, cases alleging misuse of powers by the police and reports of various Commissions set up to give recommendations for greater accountability of police in India, directed inter alia, the establishment of a Police Complaint Authority (PCA) in all states by the enactment of appropriate legislation. Consequently, in October 2006, the Ministry of Home Affairs set up a committee known as the Soli Sorabjee Committee for producing a draft Model Police Bill to be incorporated by all states in preparing their respective legislations dealing with the police in the State and replace the Police Act, 1861. The Model Bill lays down a detailed section establishing and regulating authorities dealing with complaints against the police.
The Court had prescribed the minimum basic standards that the Bill must entail for the oversight of police. The Bill creates a PCA comprising of a Chairperson who shall be a retired Judge of a High Court and five other members at the state level. A Commission is also established at the district level for better administration and effective disposal of complaints against the police. The PCA is authorised to investigate into complaints alleging any type of misconduct against any police officer who is of or above the rank of Superintendent of Police and into complaints against officers below the rank of Superintendent of Police alleging death, grievous hurt, rape or attempt to rape against a woman in police custody or extortion, take of land and/or house and incidents involving severe abuse of authority or any other misconduct referred to it by the State Police Chief or the District Authorities. In respect of matters being inquired into by the PCA, the Authority shall have the powers of a civil Court under the Code of Civil Procedure, 1908. The Commission can also take suo moto cognisance of the alleged abuse.
2. Liability under Law
This liability finds its basis in the constitutional and administrative law against the violation of the fundamental rights of the citizens. A police officer abusing his authority to violate the right to life and liberty, protection against discrimination, protection against arbitrary and illegal detention, freedom to move freely throughout the territory of India etc. can be held liable under the Constitutional law and can be directed to pay compensation to the victim for the harm or injury caused by him.
In Sebastian Hongray v. Union of India (1984), the Apex Court granted compensation to two ladies who were tortured, agonised and harassed when they went to file a missing person report of their husbands. These women were taken to an army camp in Manipur by army officials, and their missing husbands were never produced. Similarly, in Saheli v. Commissioner of Police (1990), compensation was granted for causing death by beating up a nine-year-old child in custody.
In Uttarakhand Sangharsh Samiti v. State of UP (1996), it was held that acts of wrongful restraint and detention, the deliberate shooting of unarmed agitators, planting of evidence to show false recoveries, committing rape, tampering with evidence and harassing an individual cannot be said to be acts done or purported to be done in the discharge of a police officer's official duties. Accordingly, exemplary damages were awarded to the persons killed as well as women raped or molested by the police.
3. Action by the National Human Rights Commission
Under the Protection of Human Rights Act, 1993, the National and State Human Rights Commissions are bestowed with the power to take cognisance either suo moto or on a complaint made to it alleging violation of human rights by any person. In pursuance of this power, the NHRC has the authority to intervene in any proceedings against the police officer and make recommendations in this regard. Acts of custodial violence and death, false encounters, atrocity by the police officer, cases relating to women and children can be reported to the NHRC for scrutiny.
The Commission has consistently pointed out that the hostile attitude of law enforcement agencies, in turn, breeds lawlessness and contempt for the enforcing authorities. One way of ensuring the reduction of such instances is to ensure strict action, including prosecution, against the perpetrators of all forms of custodial violence. The Commission has also recommended disciplinary action against the deviant officials and granted monetary relief to the victims or their next of kin.
Conclusion
With the steady increase in the number of cases of police brutality in India, it has become an inordinate concern of human rights violation that requires immediate action. It is highly inappropriate that the police take the law into its own hands and abuses the process of law. The statistics show that the rate of police accountability and conviction of such officers is considerably low. Police being the primary law enforcement authority and an integral structure of the State, abuse of legal processes and powers by it is highly dangerous to democracy and can lead to a state of anarchy.
It is essential that legislative and executive actions are taken to ensure a free and fair investigation or inquiry into the matters of police atrocities. Many a time, the officials responsible for such gruesome acts go unpunished. Senior police officers should not protect the persons responsible for custodial crimes. An attitude of sensitivity towards human rights should be inculcated through training and awareness programmes. Mechanisms should be developed to properly investigate the matter by setting up a fair and impartial Committee to look into the matter. It is required that prompt and effective action is taken against the persons responsible for human rights violation, and mere suspension must not be taken recourse to.
Although the Supreme Court directed the State legislatures to established a PCA at the state and district levels, only 18 states have done so. Furthermore, there is a severe lack of awareness of the existence of the PCA amongst the general public. It is also highly recommended that the appointments to the Authority are made by an independent, unbiased and impartial body. Another major drawback of the PCA is that its recommendations are not binding and merely of a directive nature. Nonetheless, the establishment of PCA is a step in the right direction; effective implementation and awareness would protect and preserve the rights of the public and the spirit of democracy.
Recently, to protect the interests of persons brought into the police station for investigation, the Supreme Court in Paramvir Singh Saini v. Baljit Singh and Orsrr., directed the government to ensure the installation of CCTV cameras and recording equipment in all interrogation rooms, lockups used by various investigative agencies.
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