Best Law College in Bangalore, India

July 29, 2019July 29, 2019

Censorship Issues For Over The Top Services – (NETFLIX And Hotstar)

Gone are the days when satellite TV’s were ruling the Indian TV industry. Now, are the times of internet based channels like Netflix, Hotstar, Amazon Prime video and more, known as the Over-the-top (OTT) services. Being an internet based service they can be accessed anywhere and anytime on devices like smartphones and tablets too other than smart TVS, desktops and laptops. These services are known as over the top because the service does not need you to subscribe to a traditional cable channel besides providing the liberty to choose whatever they want to watch as per their choice and time. A hardware device, an internet connection, download the app, get the subscription plan and you are on.

Over the top Service (OTT) types

Well, on one side it’s getting convenient for viewers to watch anything they want anytime, there’s a flipside to it too. The content could be unsuitable for viewers of a certain age group particularly under age audience. So, the topic to regulate the content is of vital importance and needs to be looked at, with keen interest, more so. The types of over the top services include –

Ad supported video on demand (AVOD) – A free service it gets its revenue from the ads it broadcasts along with video content.
Subscription based video on demand (SVOD) – This is a paid service where you can access a whole library of video by paying a fixed amount on a daily, weekly or monthly basis.
Transactional video on demand (TVOD) – This is a pay per view service and needs no subscription.

With the advent of these services, it won’t be a surprise if you find people hooked to their smart phones or tablets while having lunch break or commuting on a bus or a metro. Another vital aspect of it is that the content that is broadcasted is not scrutinized and is uncertified, vulgar, pornographic, legally restricted and at times sexually explicit as well. There have been PILs / petitions against shows like Game or Thrones and Sacred Games about objectifying women as well and requesting to frame guidelines for the same. One such petition was dismissed by the Delhi high-court stating that it could not frame any guidelines because there were stringent provisions vide the information technology act, 2000 already in place. When the petition was taken to the Supreme court, it has issued notice to the center in order to regulate the content on OTT platforms dated May 5, 2019. Well, this means that it will take some time for the OTT content to get regulated.

*Sourced from the Internet

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July 16, 2019July 16, 2019

Five Facts You Need To Know About Ancestral Property

There is a lot of unawareness around ancestral property rights amongst us. A reason is ignorance and even amendments in the law. One of the many questions that are commonly asked around ancestral property laws that people keep pondering upon or enquiring from friends and acquaintances is about women’s share in ancestral property. Here’s run down five facts around ancestral property rights you need to know and around daughter’s share as well –

Ancestral property means the property that is inherited up to four generations. As in from father to great great grandfather.
The right to ancestral property is considered to be based on birth and not after the death of the owner.
The ancestral character is not considered if the partition or division of the property is already done through a deed or mutual basis within the family.
The division of the property is done not on the basis of per capita but on the basis of per stripe. First the share of each generation is determined. Later the subdivision is done for the remaining generations. Also, every generation does inherit from its predecessor.
Will and gift based properties are not included in ancestral properties.
If a father gifts a property to son, it is not included under ancestral properties.
If a self-acquired property is used in common it can be included under ancestral properties.
But, if the father wants to disinherit his son from a self-acquired property within the ancestral property, he can do so but the son still has rights over ancestral property
Before 2005, only sons had rights to ancestral property. But, in 2005 the Supreme court amended the law providing rights to a daughter whether married or not, in ancestral property. The court later clarified that if the father has died before the amendment of the Hindu law in 2005, the daughter does not have any right to ancestral property.

Well, theses day women are becoming more and more aware of their rights but even today there are many women and even people who aren’t really aware about ancestral rights or have a lot of queries around the same. The aforementioned are a few facts that might just help you clear some of your doubts around the same.

*Sourced from the Internet

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July 8, 2019July 8, 2019

What You Need To Know About Divorce Rights In India For Women

Many celebrity divorces are coming to the fore ever now and then and like the west India is coming to terms with the big word divorce. Obviously, divorces are never cake walks and there is a lot of suffering, stress, anxiety, fear and pain that the whole process brings along. In Indian marriages are considered to be and Institution and even today in spite of the fact that divorces are getting common. The laws that govern marriages vary as per the religion and country. In India, and as per the Hindu marriage act the spouse can claim for alimony or maintenance against divorce.

Now, alimony as well as maintenance is nothing but financial compensation to the spouse unable to support self to ensure that he/she lives a secure life financially. In India it’s mostly the females who claim for maintenance and alimony in Hindus, though it differs from religion to religion. The Hindu marriage act states that both husband and wife are eligible for it.

But, in India it’s mostly the women who get the alimony benefits. These days, many women work as well and aren’t aware if they are also entitled for any alimony. Here’s a sneak peek into how much alimony are women entitled against a divorce, working and non-working both.

As per the law the women is entitled to get a monthly alimony of 25% of husband’s gross income if it’s on a monthly basis. The amount may increase decrease as per the salary. In case of lump-sum settlement the range is between 1/3^rdto 1/5^th of net worth of the husband and is to be done all at once.

If the couple have a child than the maintenance of the child needs to be paid for separately. The child needs to be paid in a way that he/ she can live at the same standards of the father. Similarly, even the wife is entitled to be able to live at the same standards as per her matrimonial home. If the wife is also working though, she also has to share the child support.

On the other hand, only if the husband is disabled, he is entitled for alimony, else not.

The court also mentioned during the hearing of one alimony case, that even if the woman is educated and earning, she is still liable to get alimony if there is a substantial difference between her and her husband’s net worth, so that she can live her life at peace and same standards she used to enjoy in the matrimonial home.

However, if the woman remarries, the husband is not required to pay any alimony to the wife but he has to continue to pay for the child’s maintenance. Furthermore, if the alimony is interim or monthly basis and the husband fails to provide the same. The appellant can move to the court for a petition to attach the husband’s salary. The maintenance they would be deducted from husbands salary automatically every month. Also, any kind of jewelry, gifts, property or valuables including gadgets, appliances and even cash that is given to the women before, at and during the course of marriage are included as a part of streedhan. This also includes all her earnings, investments and savings.

Having said that, divorce is a very difficult and emotionally draining procedure but being aware of the rights make help making life a lot more-easier in terms of financials.

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June 12, 2019June 12, 2019

Passport Can Be Renewed Even If There Is A Criminal Case Going On If Court Permits – A Case Study

The chief general manager of state run PEC limited was denied the renewal of his past as he was charged by the CBI for offenses under the IPC section 420 as well as section 13 of the corruption act after the CBI had filed an FIR against him and his PSU under the ministry of Commerce and Industry for cheating of over 530 crores.

When the advocate of the client applied for an NOC for Passport renewal, the PEC limited refused it citing the office memorandum of Aug 28, 2018, that the Ministry of Public grievance and Pension, Personnel, Department of Personnel and Training, stating that in case of any pending disciplinary proceedings, the vigilance clearance as well as the NOC certificate required by a public servant for issuing or renewing passport can be withheld ordinarily.

The Advocate of the person in concern had challenged two office memorandums issued by PEC limited that declined his client’s passport renewal request. The report that the PEC as well as the passport office submitted for denial was under the Section (6) (2) (f) of the 1967 Passports Act. It states that the passport office can deny the renewal of passport to the applicant who is under-going court proceedings before a criminal court of India. The PEC limited counsel further contented on the order of the special judge which was conditional and did permit passport issuance only if it is allowed under the relevant passport rules.

The court noted that the PEC did not bring forth any other other rule other than Section (6)(2)(f) and 10 of Act that would prevent the applicant from getting his passport renewed and that the criminal court in concern did approve his passport renewal.

Justice Bakhru further added “The reliance on Section 10 of the Act is ex facie misplaced, since it pertains only to impounding and revocation of passports and travel documents”. The court directed that if the petitioner submits an application for passport renewal, it would be processed for a period of two years but there is this condition where the petition submits an undertaking to respondent no 5 that he would appear before the court whenever required during the issued passports continuance.

*Sourced from the Internet

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May 27, 2019May 27, 2019

Black Robes For Advocates – A Sneak Peak Into The History

The dress code for advocates, lawyers and judges across the world is a combination of Black and White except for some. Black color has two sides both positive and negative implications.

During the medieval era, the judges wore two colors, green and violet, in summer and winter respectively. But, the summer robes slowly vanished making way for black and violet robes. This history of black robes dates back over centuries to the age of Edward III in 1327. The legal system during that times included the Judges, sergeants, students, benchers, pleaders and Barristers. While the Sergeants practiced from St. Paul’s and wore the coiffure wig on heads, the Judges wore English Judicial costumes. The costumes of the English Judiciary are known to be in existence for over six centuries. In the year 1340, the legal profession in England was divided but even after the public opposed the length of the robes, but Lawyers decided against public and went ahead with long robes.

The Indian legal system influenced by the British, obviously so, made it compulsory for the lawyers to wear a Black coat or Robe alongside a white neck band on top of it in the year 1961 through the advocates act. As per the Section (49) (gg) of this act advocates need to wear the black robe irrespective of their seniority.

Black robe has a lot of significance in the legal field. It is an epitome of discipline as well as renders a sense of seriousness to the identity of Advocates. Even the white neck band also has a significance and has two strips of white cloth joined to make one band that signifies ‘Tablets of Stone’ or ‘Tablets of the Laws’. These tables also have a meaning. They are known to have been uses by Moses who received them on Mt Sinai from a burning bush and inscribed the Ten Commandments. They are also known to depict the upholding of laws of God as well as men.

The Indian as we all know has a great influence of the British as they ruled us for over 200 years. The Indian legal system also continues to follow the same black robe with white neckband on the top standard.

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April 17, 2019May 13, 2019

Law College Admissions 2019 – KLE Law College Bangalore

Gone are the times when pursuing a career in law was a legacy affair. Today, law has opened up umpteen avenues and hence students are quite willing to foray into law as a career choice after 12^th. These days there are a lot of opportunities in giant corporate houses knocking doors. It has also increased the influx in admission in law courses. Moreover there are colleges that offer integrated courses in law, viz. the benefit of two degrees under one single course. For example BA LLB BCOM LLB BBA LLB. These are 5 year integrated courses that offer undergraduate degrees in Arts, Commerce and Business alongside a degree in Law as well. It also includes an internship program of 20 weeks

Thus multiplying the opportunities as well as scope of work.

To get yourself a seat in a law colleges you need to crack the codes called LSAT and CLAT. After you clear the entrance is when you are eligible for a Law seat as per your scores in a law college. All the government and state based colleges organize these entrance exams.

Selecting a good college with state of the art infrastructure is a preliminary and important task. There are many colleges in India and Karnataka that offer courses in Law. But, do check for the infrastructure of the college, the amenities and facilities, the ranking on a national and state level basis as well as the placement assistance they offer. It’s always a good idea to short list and try and visit the colleges personally to check them out yourself rather than relying on a word of mouth. For people looking to study away from their natives, need to also look at commuting and residence provisions. Also, take into account the needs of the future as in what is your ultimate goal viz if you are going to look for a job after the course or opt for higher education in India or abroad. While deciding or narrowing down upon the college keep these points in mind.

Ultimately, before you choose law as a career make sure that you are really passionate about it and not taking it up under any kind of influence or pressure because you can only excel in your career or a field you choose, only if you are really passionate about it.

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February 28, 2019March 5, 2019

Article 370 – All You Need To Know

The article 370 has given the status of an autonomous state to Jammu and Kashmir. The article has been drafter under the part XXI of the Constitution that states Temporary, Transitional and Special Provisions. This article was worked out in the year 1947, between Sheikh Abdullah, appointed then as the prime minister of J&K by Nehru as well as the Maharaja. He kept the Kashmir portfolio to himself. Sheikh Abdullah was driven by the desire to become the king and his hatred for the maharaja then persuaded Nehru to provide Special status and even Mountbatten was the one to pursue Nehru to take the issue to UN.

The article has the following provisions –

The provision grants special autonomy to Jammu and Kashmir
The provisions of article 238 that got omitted in 1956 from the constitution are not applicable to Jammu & Kashmir.
Even B R Ambekar who was the man behind drafting the constitution refused to draft article 370 and was done by Gopalswami Ayaangar, a minister without portfolio and x Diwan of Hari Singh, kind of Kashmir, eventually
The article 370 has been drafted under temporary and transitional provisions of the Amendment section of part XXI, section
The article 370 does not allow and increase or decrease in the borders of the state

It is known to be the biggest impediment in integrating J&K with Indian Union. The Veto power on laws lies with the Jammu & Kashmir Authority even if the Government makes laws with the state government. A J&K can have two citizenships, one of J&K and one of India. This privilege is not given to Indian citizens otherwise. An outsider is not allowed to buy any property in J & K state and the defection law is also not applicable to this state. Other laws like intermarriage with other state person, Urban Land Ceiling, Wealth tax and Gift Tax aren’t operating in J&K state. J&K has the power to refuse use of land of defense cantonments or allocation of land for defense purposes.

Apparently, article 370 is a temporary provision and can be abrogated. The topic has been a hot topic for debate in India after the Pulwana terror attack that killed over 40 Indian Soldiers.

*Sourced from the Internet

February 15, 2019February 15, 2019

Hindu Marriage Act 1995 – An Insight

The Hindu Marriage act has been created with the intention to secure the rights of the bride and groom who are Hindu by religion and are tied into a sacred bond through marriage ceremony. Though there is not definition for the ceremony as such. The act is applicable for people of Hindu, Sikh, Jain and Buddhist religions.

The components of the Hindu marriage law are spread across different sections of the act. Here’s a run-down some of the common and important sections under the Hindu marriage law 1955.

Section 5 of the Hindu Marriage act, 1955 – The marriage is considered lawful if the bride is 18 years or above and the groom is 21 years or above at the time of the marriage.
Section 6 of the Hindu Marriage act, 1955 – This sections has the provision for legitimacy of children born out of this alliance and can be later declared as void or voidable.
Section 8 of the Hindu marriage act, 1955 – The marriage can be registered under this act.
Section 9 of the Hindu Marriage act, 1955 – This has the provision for restitution of the conjugal rights of a husband as well as a wife who are bound together under the act.
Section 15 of the Hindu marriage act, 1955 – This act says that once divorced both of them are eligible to remarry.
Section 24 of the Hindu marriage act, 1955 – This act has the provision for maintenance pendent lite as well as for expenses of the divorce proceedings.
Section 25 of the Hindu marriage act, 1955 – The section 25 of the Hindu Marriage act is for provision of maintenance pendant lite as well as for the legal divorce proceedings expenditure.
Section 26 of the Hindu marriage act, 1955 – The section is about custody, maintenance as well as education of minor children during as well as after legal proceedings of divorce.

The Hindu marriage act is a provision made by the government of India to keep the sanctity of marriage in place and not let anyone take any undue disadvantage of the pious institution.

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February 11, 2019February 11, 2019

How The Budget of 2019 Rings in Some Good News for Middle Income Groups

The budget is out and Piyush Goyal has definitely tried to woo the Indian middle class with his budget line, particularly the income tax slab. We all know that below 5 lacs the middle income group had to pay an income tax slab of 5 % tax. This years the grass is even greener because now uptil 5 lacs, you are not required to pay any tax. Furthermore, if your income is 6.5 lacs you might as well do a fixed deposit of 1. 5 lacs which will not be applicable for tax.

Again, the government presented the interim budget this year. This budget is usually presented in the final year of the government’s tenure. Yes, this does have a catch. Once the new government comes into force, the approval of this budget is required from the new government. It’s for the new government to decide to make a few changes in the budget of change it entirely.

Nonetheless, the burden for the tax payers has definitely eased with the tax slab being increased. There is news for the farmers too and includes a yearly money transfer of 6000 for small farmers under the Kisaan scheme. It will be done in three installments of 2000 each. For government employees the tax free gratuity limit has been increased from 10 lakhs to 20 lakhs. For mothers, the government has introduced the Pradhan Mantri Matritva Yojna and 26 weeks of Maternity leave for working women. The tax on daily used items now remains within 0-5 % tax slab. The government has also announce no tax on interest of 40,000 on FDs.

The government has also announced pension scheme for house maids wherein they need to start putting 100 Rs. per month from the age of 29 and they get a monthly pension of 3000 after 60 years of age under the Pradhan Mantri Shram Yogi Mandhan and people working in the unorganized sectors. The rest of the money will be contributed by the government. The scheme is all set to begin this year.

Well, there is quite some good news it seems with the budget this year, particularly for the middle income groups. But, it needs to be seen if after the election this budget gets approval of the elected government because then only it will hold true.

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February 6, 2019February 6, 2019

B.Com LL.B Course in Bangalore – BCOM LLB Admissions

Many aspiring students today are willing to make their career in law. Why not? Law is also one of the booming careers today. Today law is not a profession or legacy carried forth by the generation of lawyer family members but even others are foraying into the area due to the lucrative offers worldwide. Today it’s not just criminal and civil law areas and the courts where people get work opportunities. The horizons are broadened and many corporate giants. These days you also get to study integrated law course like BA LLB, BCOM LLB and BBA LLB other than regular law courses like LLB and LLM.

Doing an integrated course like BCOM LLB can help you streamline your career in the direction of your choice and even scope of work. If you are a finance person and you want to take up law then doing law in commerce can help you a lot. More ever an integrated course can help you get two degrees at one go, one in business and the other in law.

The admission process for BCOM LLB needs you to undergo a national level common entrance exam. There are government as well as state level colleges that conduct common entrance exams. Once to clear the CLAT and LSAT entrance exam, you can get admission to the course.

This course is of 5 years and also requires you to complete an internship program of 20 weeks during their course of study. The career for graduates pursuing BCOM LLB course includes lot of areas like Indian civil services, corporate law, legal advisors in MNCS and banks, criminal practice, income tax, CA firms and more.

These days career options like writing for law are also very much in and hence if you are the one who loves writing then you might as well opt for legal writing.

Once you complete your course and are willing to do practice of your own, you need to obtain the certificate of practice in law. To obtain the certificate you need to appear for the All India Bar Examination (AIBE) which is organized and regulated by the Bar council of India.
If you are looking to get into teaching than you may opt for LLM course as well and PhD after that.

It’s only that you need to look for a good college that can make you not only a graduate but an industry ready professional by providing the right education and training.

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