Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 03 Nov 2019

A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging an FIR. In a civil matter, a contempt petition can be filed before the High Court against the officer who refused to lodge an FIR The Police must register FIR where the complaint discloses a cognizable offence. Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court. Further, a copy of the said letter may be sent to the concerned Police Officer. The status of such a letter petition can be inquired through an application under the Right to Information (RTI). Alternate Remedy A Writ Petition may be filed in respective High Court for seeking damages/compensation, if the inaction of the Police on the complaint/non-registration of FIR, has resulted in frustration/deprivation of ―life and liberty of any person, guaranteed under Article 21 of Constitution of India. Note Under section 166A(c), if the Public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code, he is punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.Read More

Posted on 20 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Oct 2019

Yes, it is true that no one can file PIL on the same subject before the Supreme Court. However, since the court asked you to rectify the PIL, you can file the PIL with the court on the grounds that you have made the changes asked by the court.Read More

Posted on 21 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

Yes, after an amendment Bill has been passed by both Houses, it is presented to the President for his assent. The President can assent or withhold his assent to a Bill or he can return a Bill, other than a Money Bill, for reconsideration.  If the Bill is again passed by the Houses, with or without amendment made by the President, he shall not withhold assent there from.  But, when a Bill amending the Constitution passed by each House with the requisite majority is presented to the President, he shall give his assent thereto.Read More

Posted on 20 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 27 Sep 2019

It would be considered as invasion of privacy and violation of fundamental right to put a camera in an adult's personal bedroom. It's illegal for a parent or guardian to place a camera in the bathroom, toilet, changing room, etc. to spy on a kid. It's an invasion of privacy and can be considered as a prosecutable and punishable felony. You can file the FIR in the local police station.Read More

Posted on 26 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 19 Sep 2019

Yes, the President of India is a public servant. The President (under Article 52 of Indian Constitution) is the head of the Indian state. He is the head of the all armed forces in the countryRead More

Posted on 18 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 23 Aug 2019

When it comes to photos, assume it’s subject to copyright. Fair use may be an exception for allowing the use of copyrighted images. IIf permission was required, then the copyright owner can take legal action against the violator to prevent or stop the unlawful activity (e.g., publishing a book or selling posters with the work on it) and/or recover compensation or damages. You can consult a lawyer to know more about this matter.Read More

Posted on 13 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Interested readers can go through other cases of sedition like:- • Keho Bam Hazarika vs The Government Of Assam{1951 CriLJ 68} • Manubhai Tribhovandas Patel And Ors. Vs State Of Gujarat And Anr{ 1972 Cri.L.J 388, (1971) GLR 968} • Uttamrao S/O Keshavrao Patwari vs State Of Maharashtra And Anr, • State Of Madhya Pradesh vs Baleshwardayal And Ors.{1967 CrilJ 1110} Some other Cases of Sedition are:- • Bilal Ahmed Kaloo vs State of Andhrapradesh(1997) • Balwant Singh vs Stateeof Punjab(1995)Read More

Posted on 09 May 2016 | 2 Answers

Aditi Singh | Legistify

Aditi Singh
Answered on 03 Jul 2019

A filmmaker can not use your picture without your permission as it is a violation of the right to privacy. You can file a complaint against him for violating your right to privacy and under section 66E of the Information Technology Act, 2000. You can consult an experienced general legal lawyer in India who will explain and suggest you in your matter.Read More

Posted on 24 Jun 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 02 Jul 2019

No, Society cannot force anyone to buy an internet plan from only one company. As per the Internet Society 2019 Action Plan, there must be an open, globally-connected, secure, and trustworthy Internet for everyone. No one can force to buy internet plan from one company if he/she is not willing to. Right to choose is one of the fundamental right provided to everyone under the Constitution of India. Also, the Internet community believes mobilizing people around the world is the key to ensuring the Internet’s future and that strengthening and increasing support for membership community is key to the Internet Society’s success. It same applies for the DTH services as well. A person has a choice to select his own company for availing the services by not getting pressurized by society. As social pressure can significantly increase involvement. Finding to pin-point the legal resolution, find professional of the general legal in India as per your perusal.Read More

Posted on 24 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The Constitution of Independent India was framed in the background of about 200 years of colonial rule, mass-based freedom struggle, the national movement, partition of the country and spread of communal violence. Therefore, the framers of the Constitution were concerned about the aspirations of the people, integrity and unity of the country and establishment of a democratic society. Their main was to give India a ‘Constitution’ which will fulfill the cherished ideas and ideals of the people of this country. Read More

Posted on 16 Mar 2017 | 1 Answer