THE LEGAL CHRONICLE
Where Is India's Orginal Constitution?
JULY 21, 2020
ARTICLE14- EQUAL PROTECTION OF LAWS
Article 14 of the Constitution declares that ‘the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India’.
The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve .It is a concept implying absence of any special privilege by reason of birth,creed or the like in favour of any individual, and also the equal subject of all individuals and classes to the ordinary law of land. Dr Jennings say that” Equality before the law means that among equals the law should be equal and should be equally administered that like should be treated alike.”
The guarantee of equal protection of laws is similar to one embodied in the 14th Amendment to the American Constitution.This has been interpreted to mean subjection to equal law, applying to all in the same circumstances.It only means that all persons similarly circumstanced shall be treated alike both in the privileges conferred and liabilities imposed by the laws.Equal law should be applied to all in the same situation and there should be no discrimination between one person and another. As regards the subject matter of the legislation their position is the same. Thus the rule is that the like should be treated alike and not that unlike should be treated alike.
Aashita Jain
IIMT AND SCHOOL OF LAW, GGSIPU
JULY 21, 2020
CYBER ATTACKS IN COVID -19
A cyber attack is a malicious and deliberate attempt by an individual or group of individuals to violate the information system of another individual or group of individuals. Usually, the attacker seeks some type of benefit from disordering the victim’s network.
because of lockdown and corona we are compelled to work from home in this situation which increased the usage of internet ,increase of internet usage is also providing opportunities to cybercriminals and leading problems like malware attack, phishing, SQL injection and DNS tunneling, cyber criminals are targeting internet users with such attacks and taking advantages of the corona outbreak . India has second largest internet users population, India has around 560 million of active internet users ,which provides immense opportunities for cyber criminals in comparison to other countries, in India cyber crimes has been occurring with increasing frequency that’s why India’s cyber security policy needs new up gradation and updates to counter cyber crimes in country.
Anshul Rajak
jagran lakecity university
JULY 21, 2020
RATHAYATRA V AMARNATH YATRA: THE DECISION OF THE SUPREME COURT
The Supreme Court in its historic decision had stayed the Lord Jagannath Rathayatra at Puri. Days later, it modified the decision and granted permission to conduct the festival and left the matter of management of the festival to the state government, the Centre and the temple management authorities on the ground that it would be difficult for the Highest Court to “micro-manage” the festival. A few days later when a similar case came up to the Supreme Court urging to restrict the Amarnath yatra, the Supreme Court refused to entertain the plea. It further went on to say that the matter should be left to be decided upon the local administration to decide whether to conduct the holy yatra during the pandemic. The organization called “Amarnath Barfani Langar” filed a plea in the highest Court seeking to restrict the holy yatra to stop the furher spread of the virus and came up with the idea of virtual visit by making arrangements for a “live darshan” of the Amarnath Shrine. In both the cases, the Supreme had granted the local authority to look into the matter on the ground that it cannot enter into the arena of the executive and the district administration. While it took up the Case of the Jagannath Rathayatra, it refused to take up the matter of the Amarnath shrine. Though the petition was turned down, it was granted the liberty to reprent in front of concerned authorities. While the Court turned down the plea concerning the Amarnath yatra, the plea of the Chariot Festival as well should have been left to be decided by the local authorities at the first place without taking up the matter, to get away with the allegations of dichotomy or hypocrisy against the highest judicial body.
Gargi Santra.
LLM, Dharmashastra National Law University.
JULY 19, 2020
​Difference between Act and Rule
Act and Rule are two basic and most important terminologies that are used in concept of legal studies. According to the Indian constitution and Law,
-
Act is the figure that is stated by legislature and signed by the President of India and its enforcement is done by Law. Act is a sculpture written by the law but Rule on the other hand is the structure which is governing the Law.
-
Rule is a layman term which itself means that anything which is stated and passed by the law are the Rules that are implied which need to be followed. Rule is basically the secondary source which is implied to see the efficient working of the parent Act on the contrary Act is the primary motive of Law.
Rules and Acts are the concepts which were started to implement one source which is followed by all otherwise imagine a world with no Act passed and no Rule to Follow, it would create a chaos altogether in the condition of Law enforcement. It is always in the hands of the Act to control the implication of Rule in the society and to see it’s extended of force.
Rashi Sharma
BBA LL.B. (H) student Amity University,Noida
JULY 19, 2020
How do Judges set bail amount?
Bail is a sort of surety. It refers to release from custody, on either personal bond or sureties. The word ‘bail’ is not specifically defined in CPC but it has been mention in various provisions of The Code of Civil Procedure, 1908 and The Code of Criminal Procedure, 1973. A sum of money has to be paid to get the bail. There is no specific provision related to the amount of bail, which has to be paid. It has been left to the courts to decide the amount of bail. In some cases, the bail amount can be of Rs.1500 whereas in some it can be around two lakhs. The amount of bail depends upon the severity of the crime and on the decision of the judge. While deciding the bail amount there are various factors that a judge can take into consideration. Such factors also include the financial condition of the accused. The judges also take the judicial precedent in consideration while deciding the case. Therefore, it can be said that there is no direct formula as to how judges set bail amount.
Nandini Hooda
Bharati Vidyapeeth (Deemed to be University) Institute of Management & Research
JULY 19, 2020
​CAN AN ACCUSED ARGUE IN HIS OWN CASE?
An accused can argue in his/her own case, yes they have right to fight their own cases without any engagement of any advocate, it is not always important that an accuse should engage an advocate to fight his/her case in court of law. A party in person is allowed to fight his own case in the court. They should be aware about the difficulties that they can face, and they should also have knowledge about the facts of their own case, and they should also have a working knowledge of law as well as about the procedures of court, if they don’t know the procedural and legal nuances they will lose on important points. The courts have become slave to their own procedures and processes, these procedures are required to follow mechanically. Courts would not allow digressing from the established procedures and processes. So if an accused argue in his own case the law doesn’t stop him/her, they have every right to do so, it would be onlylack of knowledge of law and procedure that may pose difficulties.
Anshul Rajak
Pursuing BALLB 2nd year from jagran lakecity university
JULY 08, 2020
Government Says "No More Finders Keepers".
As per the Indian treasure-trove act, if one discovers anything of value—exceeding Rs.10—hidden under the soil, then one must report it. If one fails to report, he/she is liable to punishment. The law is vehemently opposed by professional treasure hunters because the law says that all the findings of treasure hunters belong to the Government. What a pity!
JULY 10, 2020
'Spitting in factories'
By law there must be specific pots to spit in while working in factories.
According to the Section 20 in The Factories Act, 1948, there must be a sufficient number of spittoons (receptacle made for spitting into) placed in convenient places in all factories.
JULY 16, 2020
INFODEMIC
Almost all of us have had that one incident when we had our parents coming running to us with WhatsApp breaking news of informing us of either the coronavirus vaccine has been discovered or having a hot bath will keep the COVID away. The statement might sound funny and we can ignore it with a laugh but sometimes the fake news seem so real with perfect editing that even the smartest of internet users fall a prey to it. The internet has been a trash of fake news which spread like wildfire and in certain times it becomes fatal as well. If we go a few years back, WhatsApp had to limit the number of contacts to which a certain post or picture can be forwarded at a time. Smartphone is one of those essential items in this lockdown. For us social media platforms and memes have become the ultimate source of news other than the actual news platforms. The spread of wrong information is the new epidemic amid this pandemic which in the neo-modern language is called “infodemic” (information+ epidemic).
July 07, 2020
SIGNIFICANCE OF LADY JUSTICE
Lady Justice, a blindfolded woman carrying a sword and a set of scales, symbolizes fair and equal administration of the law, without corruption, favor, greed, or prejudice.
July 07, 2020
You Could Be In Jail For Kite Flying
Who does not love flying kites, especially when there is a festival known for it called Sankranthi! But as absurd as it sounds, there is a chance you may end up in jail for flying kites! According to the Indian Aircraft Act, a person can be prisoned for two years or charged a fine of up to Rs.10 lakhs if he/she flies an aircraft in such a way that it causes danger to any person or property on land, water or even in air. According to this Act, the term aircraft here includes items like toy balloons, gliders, flying machines and for that matter even kites! It hardly makes any sense to extend this law to kite flying so now make sure that you do not cause any fiasco with kites that can send you behind the bars!
July 08, 2020
The Original Hand Written Copies Of The Constitution Are Kept In Helium-filled Cases In The Library Of The Parliament House
This book is one of 1,000 photolithographic reproductions of the Constitution of the Republic of India. The illustrations represent styles from the different civilizations of the subcontinent, ranging from the prehistoric Mohenjodaro, in the Indus Valley, to the present. The calligraphy in the book was done by Prem Behari Narain Raizda. It was illuminated by Nandalal Bose and other artists, published by Dehra Dun, and photolithographed at the Survey of India Offices.