Law related to Forgery!!

Here are the few judgements which would help you in defining forgery in a better sense, apply it in your case to determine whether allegations constitute forgery or not–

  1. This Definition was adopted in Rembert vs. State 25 Am. Rep. 639. In another case, namely, State vs. Phelps 34 Am. Dec. 672, it was laid down that forgery is the false making of any written instrument, for the purpose of fraud or deceit. This decision appears to be based on the meaning of forgery as set out in Tomlin’s Law Dictionary.
  2. From the above, it would be seen that fraud is an essential ingredient of forgery.

http://indiankanoon.org/doc/89564/

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COME MAKE IN INDIA

Prime Minister today at his independence day speech invited citizens to participate in accelerating manufacturing in India, But Mr. Prime Minister first is the creating an ambient environment in the country to implement your “Come Make in India” plans.

 

Here are the few areas which would be a hurdle for the Prime Minister’s Come Make In India scheme.

1. Land Acquisition-: Current prevailing law on land acquisition is not favorable for the entrepreneurs who wish to set up manufacturing units. The process of acquiring land is cumbersome and require lots of red tape. Example is case of TATA NANO factory, when lots of politics associated with land acquisition how can one set up a factory in various states.India needs more manufacturer friendly processes for land acquisition.

2. Red Tape-: India is a country where you need to go through lots of processes to set up your own  manufacturing hub, there is the need to simplify the same.There is no point a manufacturer waits for years to start actual manufacturing because of cumbersome processes as the Idea is “Come Make in India” not “Come and wait in India”.

3. Corruption

Red Tape along with corruption in various departments is a double jeopardy for the manufacturers, this is the reason why many manufacturers are not setting up in India.PM modi today was silent on the issue of corruption, he should clarify his stand on corruption. 

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Independence Day Free Legal Aid Program-8 Aug-16 Aug

This independence day get a respite from your legal issues, from LexSpeak.

For promoting access to justice and facilitating legal awareness LexSpeak offers Free Legal aid on any issues concerning any matter pertaining to law.

Vande Matram!!

 

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Things you should know before filing a lawsuit.

Lawsuits can be an expensive affair, therefore preparing yourself well before lodging a lawsuit is essential, here are the few tips which you should consider before filing a lawsuit.

1. Documents/Witnesses- Make sure you have all the requisite evidence before staking any claim in the lawsuit, which includes all the documents, A seasoned lawyer would give an appropriate opinion about all the evidence which would substantiate your aim. Do not proceed if you don’t have such evidence.

2. Legal Opinion- A legal opinion from a seasoned lawyer is a must must, he would better in the position to guide you whether to proceed with the suit or not. Legal technicalities like limitation period, relevancy of evidence. A good legal opinion would save your money and time.

3. Period and fees-you should have a clear idea about the period of the suit and the amount you would be spending on such suit, A research on this would be a better option.

4. Hire a good lawyer- Finally a lawyer can break or make your lawsuit, hire a good lawyer this can be tricky, a good lawyer would always keep you informed, this you can judge it while taking legal opinion, if you think you are satisfied with the legal opinion then you would be satisfied with the work of that advocate.

FEMALE CRIMINALITY – 2 (KARLA HOMOLKA)

Usually at late night, when I am done with all my work I look for horror movies online. Yesterday, while doing the same, I came across Karla Homolka. Karla is one of Canada’s most infamous female convicts. She served in the prison for 12 years. She was involved in the crimes of drugging, raping, torturing and killing young girls over a decade ago. One of those teenage girls included her biological sister too.

Lombroso in his philosophy had illustrated that females are mostly engaged in ‘crimes of passion’ and are often ‘hysterical offenders’. The overview of Karla undeniably satisfies this belief. She was the oldest child of her parents; well adjusted, pretty, smart, popular and received ample love and attention by friends and family. Nobody ever had an idea that she was hiding deep psychotic desires.

According to the study by Lombroso, the ‘masculinity’ in females is the basic ingredient which makes them the criminal perpetrators. Taking the reference of Karla’s case, I found an edge over him until I came across another finding of his. He discovered that female characteristics contributed to make women criminals ‘terrible’ than males. He further stated that female criminals in their initial stages are conservative and passive; exactly the way Karla was. When the ideal characteristics of a woman are overcome by strong passions or drives, she becomes insensitive to pain with others.

The episode of Karla was very similar to the findings of Lombroso. What horrified me the most was when she offered her own sister to her boyfriend to rape and not just this; she too contributed in the act. In the same way, she along with her boyfriend raped and killed many teens and videotaped their acts.

The story of Karla denies the concealed concepts of womanhood. A woman wears maternal instincts, she’s kind, and she’s humble and caring. A woman who is jealous and revengeful is acceptable but, a woman who lacks womanhood not only defies the social norms but also the definition of woman. She is alarming, she is dangerous, she’s a terror; and Karla was a horror indeed!

The One Sided Philosophy of Female Criminality-I

Women love flowers, women love chocolates, women love all that is pink. Women are kind, caring and gentle. Women are nice and affectionate. This is the hypothesis of my research. The research question is; what brings women to criminality? Here are some very interesting philosophies about the female criminality which appealed the woman in me.

The theories on female criminality are divided into two broad categories: classical and contemporary. The classical philosophy deals with the biological and the psychological factors and the contemporary theory limits its focus to the sociological factors. According to Lombroso, women are jealous and revengeful. These set the criminality in a woman. He also stated that the female characteristics contributed to make women criminals more ‘terrible’ than males. Thomas, the other philosopher believed that women had varieties of love, and also, variety of desires of love. This desire is more intense than that in males and when they fail to feel to sense the same intense in response; this switches on their criminality. He basically pointed towards the ‘crimes’ of sexual desire.

Pollock marked about the under reporting of female criminals. He stressed on the fact that the crimes committed by women are not much detected as compared to men and along with this; the police and the court are lenient towards them. Only the few criminals who are actually the worst of all the offenders are subjected to harsh handlings. Another group of philosophers believed that women are mere instigators in crime. They seldom form the class of perpetrators. Alder held that criminality in females was a result of equality between the two genders. He also stated that criminality in females is a result of women liberation movements. The more they desire to compete with men, the more criminal intent they develop.

When I went through these one sided philosophies, I arrived at a conclusion that I am an inborn criminal. Jealousy and retaliation are the gems of my personality. Even, I crave for love and so do, every woman. In this societal setup every female battles to seek equality with her male counterpart. I am no different. The one sided research work of this philosophy has hence held me guilty.

ACT OF GOD!

The interview of Ashok Singhal by a news channel dragged all my attentions to a very important liability. With all the charm this liability is called “Act of God.” Ashok Singhal in his interview declared the Godhra riot to be an “Act of God.” Well, now the query which pops up is whether God will be punished for this offence or not.

To answer this, first of all we should know what Act of God is. Act of God is an act of God. We associate all the natural beings with god, i.e., God is nature and nature is god. In simple words, whatever are the acts of nature is the act of God. Since, human beings are also a part of nature, it may appear that human activities are the acts of the nature, i.e., by further deduction, the act of God! But, the activities under the human control have been kept outside the definition of Act of God. Hence, miracles and disasters are act of God. But, the legal definition of this phenomenon includes mainly and, only the negatives of the term. Hence, mainly and only the disasters accomplish the criteria of act of god.

Act of God thus includes natural disasters like floods, earthquake, volcano eruption, tsunami, etc. The requisites for Act of God are:
(i) Acts without any kind of Human intervention
(ii) Acts beyond the human control
(iii) Acts which are unpredictable and inevitable

Now, modern technologies have grown so much that every other disaster can be predicted and can be controlled too; at least to a certain extent. And, also the natural calamities which we face in our day to day lives is a result of human actions. This means indirectly, the act of God is the act of Human Beings and also; God resides in every human being; may be, then the act of every human being is an Act of God. Confused!

Another deduction is that since, God punishes every human being for their wrongful acts (courtesy: religious texts); therefore the acts of God should also be punished on the grounds of equity. But sadly, acts of God are not punishable under law (FOR THE Fans of OMG!) Justice denied!

Is language this important?

“THE LAST LESSON” (a chapter from my 11th standard textbook) demonstrated language as a means of freedom. I have now eventually realized how important language is. In a country like India, language indeed plays a very important role, since, it states the basis of all the states created here. It anyhow denotes the boundaries of our freedom.
Our constitution too has granted prominence to the etymological. The provisions in the constitution which deal with Language are:
Article 120(Language to be used in Parliament), Article 210 (Language to be used in the Legislature) Article 343 (Official language of the Union), Article 344 (Commission and Committee of Parliament on official language), Article 345. (Official language or languages of a State), Article 346. (Official languages for Communication between one State and another or between a State and the Union), Article 347. (Special provision relating to language spoken by a section of the population of a State), Article 348. (Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.), Article 349. (Special procedure for enactment of certain laws relating to language), Article 350. (Language to be used in representations for redress of grievances), Article 350A (Facilities for instruction in mother-tongue at the primary), Article 350B (Special Officer for linguistic minorities) and finally,
Article 351- (Directive for development of the Hindi language) which states that, “ It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.”
Evidently, we are safeguarding our Hindustani culture by safeguarding “HINDI”. People who speak English are called English, French speaking population is called French, Spanish group is called Spanish; this makes language a very important form of identity. The language is thus an instrument disseminating a special character to an individual. By analogical deduction, we may confer that by adopting a new language we are adopting a new identity. It was conferred by a political leader when he demanded the demise of English from India. And, according to some more ideologies it is the language which has sworn the seeds of westernization in India.
Language freedom is indeed freedom; but, what actually is language freedom? And, what came first; freedom or, language? ; language or, identity? ; and, now the third implied question , identity or freedom? These questions require an answer indeed!

FROM WHERE IS THIS POPULATION COMING?

While scrolling through the pages of Current GK, I came across a bulletin, which read as, “India tops the list of first day deaths.” This implies that children in India die on the same day of their birth more than any other country in this world. This is according to the latest report published by State Of The World’s Mothers 2013. Conferring this report, it is to be stated that over 309,300 children in India die before a day. This amounts to 29% of global share. But, India has a surviving population which shares 17.5% of world’s total. In 2011, the Indian population was 1 210, 193, 422, i.e., 17.5%. The population growth was 181 million in the decade 2001-11. When I researched more on this, I came across some interesting facts. The Infant Mortality Rate is 44 per 1000 live births in the country as per Sample Registration System, 2011. India ranks 136 in the Human Development Index.
To increase the Death Rates several schemes are in process. One of which is the Mid-day meal scheme. This year, especially in the state of Bihar Mid-day meals have played a very important in curbing the discarded population. Leaders have significantly contributed indirectly, may be not, directly in helping curb the population problem. Then again, nature has played a very important role by causing floods, tsunami, earthquakes, landslides and many more. Moreover, people die of diseases, expired medicines, road and rail accidents, murders and suicides; even then the population is growing. Government also has implemented its health initiatives by introducing contraceptives and other precautions at a minimum rate. The minimum age of girls to marry at 18 and boys to marry at 19 has strictly been adhered and, the family planning advisory is working everywhere.
Beyond all this, the Indian population has grown. The various schemes of government to curb and control population have failed. The reason is simple, population growth. The population of poor people has also decreased significantly since, Rs. 12 provides for a meal. That means we have more people now who can survive on their own. Also, since the population below poverty line is comparatively less now; this means that quality money will be spent on a few poor people left now. No doubt, a large quantity of mass will suffer by the virtue of not being poor. They won’t be benefited by the BPL endeavors. The question strikes me again, ‘Will the population increase’? The answer whatever it is, I don’t know.
The conclusion which I arrive at is birth has anyways defeated death.

Being Gay

I remember a nursery rhyme, “Work while you work, Play while you work, this is the way to be happy and gay.” I guess I was 5 years of age or maybe 6 when I used to recite this rhyme. For me, when I was happy, I was gay. When my heart was filled with joy, I was gay, of course. Now when I am nineteen, even the thought of being gay scares me.

With the ascending progress in age stems change, physical and intellectual. The bodily development is inevitable but, the understanding part is now a problem for me. This has infringed my right to be ‘GAY’. I want to be GAY, but this may be embarrassing. Society may not accept me. The reason lies in being GAY; GAY is somebody who is homosexual or, someone to whom the same sex attracts.

The principle of magnets states that opposites attract. The customary system of making love demands opposite sexes too. Nature demands a sexuality which is straight. Hence, the idea of being GAY fails everywhere. Finally, the idea of calling yourself GAY is offensive. Moreover, calling somebody GAY is implied as abusing someone. A part of the society though demands safeguards for the rights of that part of society and, fortunately has succeeded at few places and many more milestones are to be achieved. But, GAY is an abusive and offensive term, this cannot be ignored. The evidence is truth, since, what the society accepts and what the majority consents to is truth.

The query which now haunts my mind is the peculiarity of English language. Why does this language have such a homonym? Isn’t this a violation of rights of the word “GAY” which resides in English vocabulary? When one wishes to say I am Gay, meaning I am happy; isn’t the social factor haunting the vocal cords of that individual every time? The problem is more social and emotional, than literal.

Gays are never meant to be Gay.  You are dog would be more acceptable to me, than you are a gay. Surprisingly, this (GAY) term neither turns one an alien or a monster. Nor does this indoctrinate all the good qualities in a human being. A human being is always a human being who has the right to live with dignity; the virtue of being human grants one with this right. Being human we have the right to live with dignity and let others live with dignity. With women rights, the case limits to discrimination but with gay rights, it extends to humiliation. And humiliating a section on the basis of their inclination in my understanding is wrong. Because being GAY is not just being GAY; it’s a revolution. Revolutions have always been welcomed, happily or, reluctantly. One can be anything, GAY or, GAY.