# Claww - Chanchlani Law World


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- [DIRECTOR’S DUTIES AND LIABILITIES UNDER INDIAN CORPORATE LAW](https://claww.in/directors-duties-and-liabilities-under-indian-corporate-law/): A GUIDE TO INDIA’S PATENT PROCESS Table of Contents   INTRODUCTION TO PATENT: The Act VI of 1856 was the first legislation in India regarding the patent which was afterward repealed by Act IX of 1857 since it‘s been enacted without the approval of the British Crown. In 1859, another legislation was introduced for granting “Exclusive Privilege”. This legislation is known as Act XV of 1859. This legislation undergoes some changes of the previous legislation, namely, granting of exclusive privileges to useful inventions only, an extension of priority period from 6 months to 12 months, excluding importers from the definition […]
- [UNDERSTANDING DEFAMATION – PROTECTING YOUR REPUTATION LEGALLY](https://claww.in/understanding-defamation-protecting-your-reputation-legally/): UNDERSTANDING DEFAMATION – PROTECTING YOUR REPUTATION LEGALLY Table of Contents The Supreme Court of India recently found itself at the intersection of politics, law, and the boundless reach of social media, all in the context of a seemingly harmless retweet. The Delhi Chief Minister, Arvind Kejriwal, had been summoned in a criminal defamation case for retweeting an allegedly defamatory video posted by a YouTuber back in 2018.  The Delhi High Court noted that the act of retweeting can be interpreted as “projecting the content as one’s own views.” This, the court said, could prima facie bring the Chief Minister under […]
- [COURT MARRIAGE PROCEDURE IN INDIA](https://claww.in/court-marriage-procedure-in-india/): COURT MARRIAGE PROCEDURE IN INDIA Table of Contents INTRODUCTION Under the Special Marriage Act of 1954, court marriages offer a legal and secular alternative to traditional Indian ceremonies. Unlike religious marriages, court marriages are inclusive, allowing individuals from different religions, castes, or nationalities to marry without the need for any particular rituals or ceremonies. The concept of court marriages reflects the spirit of our Constitution, as it aligns with the guarantees of equality and personal liberty under Articles 14 and 21, ensuring freedom and individual autonomy in marriage. This process is overseen by a marriage officer, typically a Sub-Registrar, and […]
- [Conduct of Arbitral Proceedings](https://claww.in/conduct-of-arbitral-proceedings/): Conduct of Arbitral Proceedings Table of Contents This statement by Justice A.M. Ahmadi encapsulates the essence of arbitral proceedings as an effective mechanism for alternative dispute resolution. Governed by the Arbitration and Conciliation Act, 1996, these proceedings emphasize procedural fairness, party autonomy, and confidentiality while ensuring efficient dispute resolution. With its ability to reduce judicial burdens, arbitral proceedings play a critical role in modern commerce, especially in cross-border transactions, where neutrality and flexibility are paramount. This article examines the legal framework, principles, and challenges of conducting arbitral proceedings, highlighting the importance of ensuring fairness, efficiency, and enforceability, supported by relevant […]
- [A GUIDE TO INDIA'S PATENT PROCESS](https://claww.in/a-guide-to-indias-patent-process/): A GUIDE TO INDIA’S PATENT PROCESS Table of Contents INTRODUCTION TO PATENT: The Act VI of 1856 was the first legislation in India regarding the patent which was afterward repealed by Act IX of 1857 since it‘s been enacted without the approval of the British Crown. In 1859, another legislation was introduced for granting “Exclusive Privilege”. This legislation is known as Act XV of 1859. This legislation undergoes some changes of the previous legislation, namely, granting of exclusive privileges to useful inventions only, an extension of priority period from 6 months to 12 months, excluding importers from the definition of […]
- [Our Team](https://claww.in/our-team/): Our Team Founders Adv. B.B. Gogia Being In Active Legal Practice for more than 50 years, he has been acknowledged for his expertise in drafting. With a history of politics, He is a practicing advocate at the Gujrat High Court.  Facebook Twitter Google-plus Linkedin Adv. Bharat Sangal A Designated Senior Counsel by the Supreme Court of India. With a practice of more than 40 years at the Supreme Court and Delhi High Court, he is known for his extensive knowledge in labour law apart from his wittiness.  Facebook Twitter Google-plus Linkedin Adv. Hari Bhatia With an experience of over 50 years […]
- [areas-of-practice](https://claww.in/areas-of-practice/): Claww – Chanchlani Law World! Area of Practice Alternate Dispute Resolution Aliquet adipiscing vivamus ultrices ipsum, commodo vitae, elit nec ipsam luctus. Eget non vitae scelerisque eget sapiente libero, lorem nam quis vitae quis morbi, id consequat mauris massa. Button Heading #1 Aliquet adipiscing vivamus ultrices ipsum, commodo vitae, elit nec ipsam luctus. Eget non vitae scelerisque eget sapiente libero, lorem nam quis vitae quis morbi, id consequat mauris massa. This is the heading Aliquet adipiscing vivamus ultrices ipsum, commodo vitae, elit nec ipsam luctus. Show More Heading #2 Aliquet adipiscing vivamus ultrices ipsum, commodo vitae, elit nec ipsam luctus. […]
- [BAIL PROVISIONS IN INDIA](https://claww.in/bail-provisions-in-india/): BAIL PROVISIONS IN INDIA Table of Contents Introduction “The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.” –Justice V.R.Krishna Iyerin Gudikanti Narasimhulu case(1977) Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal,bythe deposit of security to ensure his submission at the required time to legal authority. Bail is apost arrest remedy aimed at the release of the arrested suspect till the date of his trial. The […]
- [Blogs & Articals](https://claww.in/blogs-articals/): Claww – Chanchlani Law World! Blogs & Articals IDENTITY THEFT AND ITS LAWS IN INDIA Introduction Technology has fostered great advancements. It has alleviated our perspective about boundaries of communications and… IDENTITY THEFT AND ITS LAWS IN INDIA Introduction Technology has fostered great advancements. It has alleviated our perspective about boundaries of communications and… PROVISIONS FOR BAIL IN INDIA Introduction: “The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a… AI IN INDIAN JUDICIARY ABSTRACT AI, which is similar to a clever computer brain, is accomplishing a […]
- [LAND LAWS IN INDIA](https://claww.in/land-laws-in-india/): LAND LAWS IN INDIA Table of Contents INTRODUCTION Land Laws in India have also had a journey of their own, beginning from the land acquisition bill during the British period, to the repealment of farm laws; the land laws have seen India transforming into a new age and better India. The following acts have been a part of major land reforms in the nation –  1. Real Estate (Regulation and Development) Act, 2016. 2. Transfer of Property Act, 1882. 3. Registration Act, 1908. 4. Maharashtra Regional and Town Planning Act, 1966 5. Maharashtra Rent Control Act, 1999. 6. Bombay Stamp […]
- [LEGAL AID IN INDIA](https://claww.in/legal-aid-in-india/): LEGAL AID IN INDIA Table of Contents   HISTORY OF LEGAL AID In 1980, under the Chairmanship of Hon’ble Justice P.N. Bhagwati, then-Judge of the Supreme Court of India, a nationwide Committee was formed to monitor and regulate legal assistance programmes throughout the country. This Committee was renamed CILAS (Committee for the Implementation of Legal Aid Schemes) and began monitoring legal aid activities throughout the country. The Legal Services Authorities Act was adopted in 1987 to provide a formal foundation for legal aid programmes across the country. This Act was eventually implemented on November 9, 1995, following some revisions proposed […]
- [Is polygamy legal in India ?](https://claww.in/is-polygamy-legal-in-india/): Is polygamy legal in India ? Table of Contents   INTRODUCTION Polygamy is a practice of having more than one spouse at a time. When a male person has two or more wives at a time then he is called as “Polygyny”. And a female is married to more than one husband then she is called as “Polyandry”. The word “poly” means many and “andry” is used to mention male, “gyny” to define female. So, a polygyny is a person having women as wives and polyandry is a woman having many husbands. The practice of polygamy has been prevailing in […]
- [Fundamental Duties under the Indian Constitution](https://claww.in/fundamental-duties-under-the-indian-constitution/): Fundamental Duties under the Indian Constitution Table of Contents History of Fundamental Duties of the Indian Constitution The Indian independence movement sought to establish the concepts of liberty and social welfare as the goals of an independent Indian state, resulting in the Fundamental Rights and Directive Principles. Civil rights were an important part of the Indian independence fight, with one of the Indian National Congress’s (INC) aims being to remove discrimination between British rulers and their Indian subjects. Between 1917 and 1919, the INC passed resolutions expressing this goal. These resolutions asserted Indians’ rights to equality before the law, free […]
- [FIR VS. ZERO FIR](https://claww.in/fir-vs-zero-fir/): FIR VS. ZERO FIR Table of Contents What is First Information Report? The first information report (FIR) is not explained in the Code of Criminal Procedure but in layman’s terms it can be known as the information reported to the police by the victim or the witness of the case or anyone with the knowledge of the case which pertains to a cognizable offence under Section 154(1) of the Criminal Procedure Code, 1973. This information can be reported to any police in the area where the offence was committed the information once reported attains a serial number post which the […]
- [Arrest under Criminal Procedure Code, 1973](https://claww.in/arrest-under-criminal-procedure-code-1973/): Arrest under Criminal Procedure Code, 1973 Table of Contents WHAT IS ARREST? Neither the Code of Criminal Procedure, 1973 (CrPC) nor the Indian Penal Code, 1860 (IPC) define the term “arrest”. The definition has not been included in any legislation dealing with criminal offences. Section 46 of the CrPC, which deals with ‘How an arrest is made,’ is the only indication of what constitutes an arrest. In layman’s terms, an arrest is the act of bringing a person into custody because he or she is accused of committing a crime or infraction. It is carried out when a person is […]
- [Mandatory registration of FIR by the police officer in Lalitha Kumari vs. Govt. of Uttar Pradesh](https://claww.in/mandatory-registration-of-fir-by-the-police-officer-in-lalitha-kumari-vs-govt-of-uttar-pradesh/): Mandatory registration of FIR by the police officer in Lalitha Kumari vs. Govt. of Uttar Pradesh Table of Contents Introduction The term “First Information Report” (F.I.R.) is not defined in the Code of Criminal Procedure (CrPC). It is the first report submitted to the police officer in relation to his action, and it is the basis for the investigation. In Ravi Kumar vs. State of Punjab[1] the Supreme Court of India (SC) defined F.I.R as a report detailing the commission of a cognizable crime. It can be made by the complainant, the complainant’s agent, or any other person with knowledge […]
- [What are writs in India?](https://claww.in/what-are-writs-in-india/): WHAT IS A WRIT? Table of Contents WHAT IS A WRIT? A document or order drafted by judges, courts, or other entities that have administrative or judicial jurisdiction and directs a person or an entity any form of action from a court is generally known as a writ. These documents are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment. ORIGIN OF WRITS IN INDIA The genesis of writs may be traced back to the English judicial system when English folk courts-moots gave way to common law courts. The […]
- [Legal remedies for cheque bounce under Negotiable Instruments Act,1881](https://claww.in/legal-remedies-for-cheque-bounce-under-negotiable-instruments-act1881/): Legal remedies for cheque bounce under Negotiable Instruments Act,1881 Table of Contents BACKGROUND OF CHEQUE AS A NEGOTIABLE INSTRUMENT When Trade and Commerce became more established in people’s daily lives, several forms of Negotiable Instruments were developed over time to make money transfers more certain and convenient than previously. People used to verbally pledge to pay the due money on a later date, but then back out of their verbal commitments to pay or stretch the date further and farther when the promised due date arrived. As a result, the concept of a Negotiable Instrument was created. The paper, not […]
- [Organ Donation Laws in India and around the Globe](https://claww.in/organ-donation-laws-in-india-and-around-the-globe/): Organ Donation Laws in India and around the Globe Table of Contents   HISTORY OF ORGAN LAWS Organ transplantation in India has a shorter history compared to the most developed countries in the world. The kidney transplant was first performed in India in the 1970’s. Transplantation activities picked up in the 80’s and early 90’s but it was mainly restricted to live donor kidney transplants in selected urban areas. Slowly, with new clinics coming up and an increase in the availability of trained staff, kidney transplantation activities increased. However, this led to the famous kidney trade in India in the […]
- [Types of Companies under the Companies Act, 2013](https://claww.in/types-of-companies-under-the-companies-act-2013/): Types of Companies under the Companies Act, 2013 Table of Contents BACKGROUND In India, the Companies Act, 2013, governs the establishment and operation of corporations or companies. The first Companies Act following independence, which controlled corporate enterprises in the country, was passed in 1956. The Bhabha Committee’s suggestions formed the 1956 Act. This Act has been amended several times, and in 2013, major changes were implemented, including the incorporation of provisions to govern all listed and unlisted companies in the country, the implementation of many new sections, and the repeal of the relevant corresponding sections of the Companies Act, 1956. […]
- [Striking down of Section 6(a)of the Hindu Minority and Guardianship Act, 1956](https://claww.in/striking-down-of-section-6aof-the-hindu-minority-and-guardianship-act-1956/): Striking down of Section 6(a)of the Hindu Minority and Guardianship Act, 1956 Table of Contents Early stages of the Hindi Minority and Guardianship Act In India, the legal framework that governs family disputes is peculiar. Every religious community has its own set of laws that govern family matters such as marriage, succession, and guardianship, among other things. As a result, adherents of Hinduism, Islam, Christianity, and Zoroastrianism are governed by a set of laws unique to their faith.  In terms of guardianship law, the Hindu Minority and Guardianship Act, 19563 (hereinafter referred to as “the 1956 Act”) governs Hindus. According […]
- [IMPORTANT MANUFACTURING LAWS IN INDIA](https://claww.in/important-manufacturing-laws-in-india/): IMPORTANT MANUFACTURING LAWS IN INDIA Table of Contents HISTORY OF MANUFACTURING Manufacturing has traditionally played a key role in the economic growth and development of countries. In developing countries, the importance of manufacturing has diminished over the last 20-25 years, resulting in de-industrialization. However, industrialization increases in the share of manufacturing in Gross Domestic Product (GDP) is a key feature of modern economic growth. Historically, manufacturing has been the backbone of all developed and developing nations. It is where R&D starts, where new technologies are born, where scientists and engineers and others are challenged to develop new and better processes, […]
- [Insanity as a loophole for criminals in India](https://claww.in/insanity-as-a-loophole-for-criminals-in-india/): Insanity as a loophole for criminals in India Table of Contents INTRODUCTION As it is known that Mens rea is an important factor in crime, according to the Indian Penal Code, 1860 (IPC). However, in situations when mens rea is lacking and the conduct was committed as a consequence of specific compelling circumstances, such cases fall under the General Exceptions established in Sections 76-106 of the IPC. As a result, the individual is legally responsible for his actions until the defence is successfully shown in court, in which case an exemption is granted. In criminal prosecution, the defence of insanity […]
- [A Study of the NCRB REPORT, 2021 with Relation to the Crimes in India](https://claww.in/a-study-of-the-ncrb-report-2021-with-relation-to-the-crimes-in-india/): CONCERNS REGARDING ANTI-TRUST LAWS FOR BIG TECH COMPANIES Table of Contents 1. Crime against women According to the NCRB report, there was a 40% increase in crimes against women, but only 31% of Indian Penal Code cases were charged. Delhi recorded 13,892 cases of crimes against women, an alarming increase of more than 40% compared to 2020. According to the report, two minor girls were raped in Delhi every day in 2021, making it India’s most dangerous metropolitan city for women. The most cases of such crimes were recorded under the category of ‘Cruelty by Husband or His Relatives’ (31.8%), […]
- [DRAWBACKS OF THE DOMESTIC VIOLENCE ACT, 2005](https://claww.in/drawbacks-of-the-domestic-violence-act-2005/): DRAWBACKS OF THE DOMESTIC VIOLENCE ACT, 2005 Table of Contents HISTORY OF THE DOMESTIC VIOLENCE ACT Domestic violence was added as a separate criminal crime to the Indian Penal Code in 1983, however this achieved little to reduce violence against women in the house or family. As a result, the legislature passed the Domestic Violence Act of 2005 (Domestic Violence Actor Act) to protect women from domestic violence. On the basis of Article 253 of the Constitution, Parliament passed the statute under consideration. This law empowers Parliament to pass legislation in compliance with international treaties and agreements. The Domestic Violence […]
- [WHAT IS A SUMMARY SUIT UNDER THE CODE OF CIVIL PROCEDURE, 1908?](https://claww.in/what-is-a-summary-suit-under-the-code-of-civil-procedure-1908/): WHAT IS A SUMMARY SUIT UNDER THE CODE OF CIVIL PROCEDURE, 1908? Table of Contents INTRODUCTION Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908 (CPC). Summary Suit is the specific fast track procedure for enforcing a right in an effective manner as the courts pass judgements without hearing the defense. Usually, a case should be judicially determined by applying all the Principles of Natural Justice, yet the summary cases do not follow these principles and the cases are dispose-off in fast-track mode, hence this procedure is only applicable to limited subject […]
- [WHAT IS CONDUCTING DUE DILIGENCE IN INDIA?](https://claww.in/what-is-conducting-due-diligence-in-india/): WHAT IS CONDUCTING DUE DILIGENCE IN INDIA? Table of Contents WHAT IS DUE DILIGENCE? Due diligence, in its broadest definition, relates to the amount of judgement, caution, prudence, resolve, and action that a person would be reasonably expected to exercise under certain circumstances. It encompasses of exhaustive research of a corporation as one of the first steps in a proposed merger or acquisition in corporate law. For a business acquisition, it entails of completely comprehending all of the company’s obligations: debts, ongoing and possible litigation, leases, warranties, long-term customer agreements, employment contracts, distribution agreements, compensation arrangements, and so on. WHAT […]
- [RIGHT TO PREGNANCY IN INDIA : A LEGAL STANCE](https://claww.in/right-to-pregnancy-in-india-a-legal-stance/): RIGHT TO PREGNANCY IN INDIA : A LEGAL STANCE Table of Contents INTRODUCTION- The Right to Life is enshrined as a Fundamental Right under Article 21 of the Indian Constitution which covers the arena of protection of human life and liberty. It states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” It guarantees the Right to life and personal liberty to every person, which cannot be violated even by the State except when stipulated by the law to prevent encroachment on and the loss of life. In India, […]
- [CONCEPT OF MERGER AND ACQUISITION IN INDIA](https://claww.in/concept-of-merger-and-acquisition-in-india/): CONCEPT OF MERGER AND ACQUISITION IN INDIA Table of Contents INTRODUCTION Mergers and acquisitions (M&A) are business consolidations. While ‘Merger’ as a term is not explicitly defined in neither Companies Act, 2013 nor Income Tax Act, 1961, it can simply be defined as the combining of two or more firms to become one, whereas Acquisition refers to the purchase of the shares or assets and/or liabilities of a company (target) using the stock, cash or other securities of purchaser’s company (acquirer). Acquisition can also be known as a takeover. M&A is a significant element of the corporate finance industry. The […]
- [INDIAN FOREST LAWS](https://claww.in/indian-forest-laws/): Introduction Table of Contents Introduction India is home to a wide variety of forests, including alpine, subtropical, temperate, and dry tropical montane forests as well as scrub and wet tropical forests. It is one of the 17 “megadiverse” nations and is the habitat to 8% of all known plant and animal species. In addition, almost 275 million people in India rely on forests for food, fuelwood, fodder, and other forest products, which maintain their way of life. India, which takes up 2.4% of the global area, is the seventh-largest nation in the world. India barely makes up 1.8% of the […]
- [Labour Laws with special reference to Industrial Relations Code, 2020](https://claww.in/labour-laws-with-special-reference-to-industrial-relations-code-2020/): Labour Laws with special reference to Industrial Relations Code, 2020 Table of Contents INTRODUCTION Labour laws are a set of precedents and rulings which aim towards addressing the legal rights and restraints imposed on the working population of India. These employment laws attempt to monitor the relationship between an employer and his employee. Labour laws have a wide scope affecting a vast number of men and women as compared to the other branches of law. The major areas covered under labour laws relate to health and safety at workplace, unfair labour practices, holidays and annual leave, working hours, unjust termination, […]
- [Politics and Appointment of Judges](https://claww.in/politics-and-appointment-of-judges/): Politics and Appointment of Judges Table of Contents IS THE APPOINTMENT OF THE JUDICIARY STILL INDEPENDENT? The Indian Constitution has ensured the independence of the Judiciary by not involving the legislature in the process of appointment of judges. It was believed that party politics would not play a role in the process of appointments. A collegium of senior judges has been responsible for deciding the appointments and transfers of judges to India’s higher courts since a Supreme Court decision in 1993.  The five most senior judges on the Supreme Court, which is the nation’s highest court, decide on appointments, while […]
- [Procedure to file a Consumer complaint](https://claww.in/procedure-to-file-a-consumer-complaint/): Procedure to file a Consumer complaint Table of Contents Consumer and its meaning An individual who agrees to purchase goods for consideration or on credit, or hires or avails any services for consideration or on credit from the market is known as a consumer. Due to consumers, businesses exist and hence why they are known as the spine of the market. As various kinds of products and services are coming into being, there’s a rise in new ways of duping the Consumers. Therefore, in order to protect the rights and safeguard the welfare of the spine of the market, the […]
- [OVERVIEW OF THE INDIAN TRUST ACT, 1882](https://claww.in/overview-of-the-indian-trust-act-1882/): OVERVIEW OF THE INDIAN TRUST ACT, 1882 Table of Contents Background The Indian Trust Act, 1882 (Act) was enacted on January 13, 1882 and went into effect on March 1, 1882 to define and revise the legal principles regulating Private Trusts and Trustees. The Act defines the term “trust” in the interpretation clause as “a duty undertaken with the ownership of property and arising from an assurance reposed in and acknowledged by the owner or confirmed and accepted by such owner for the benefit of another or another person and the owner.” A trustee is the one who acknowledges the […]
- [MARRIAGE OUTSIDE COMMUNITY](https://claww.in/marriage-outside-community/): MARRIAGE OUTSIDE COMMUNITY Table of Contents INTRODUCTION In India, where marriage is nearly common, there are several important factors to take into account while choosing a partner. Caste, religion, mother tongue, economic situation, and others are a few of the more significant ones. The most crucial of these is if the two merging families belong to the same community. Any marriage that crosses caste, linguistic-cultural, and/or religious sect borders and is incompatible with a recognised system of communal familial relations is referred to as an intercommunity marriage. When one person belonging to a certain caste marries outside the community with […]
- [Article 15 of the Indian Constitution](https://claww.in/article-15-of-the-indian-constitution/): Article 15 of the Indian Constitution Table of Contents Unveiling the Unyielding: Article 15 of the Indian Constitution and its Impactful Journey Deeply embedded in the core of the Indian Constitution lies a profound safeguard against discrimination – Article 15. In the realm of Indian constitutional law, Article 15 stands tall as a powerful bastion of equality, firmly rejecting discrimination on the grounds of religion, race, caste, sex, or place of birth. With its visionary principles, this pivotal constitutional provision has played a crucial role in shaping India’s social fabric and ensuring justice and equality for all its citizens. From […]
- [ELECTRIC VEHICLES IN INDIA-A LEGAL ASPECT](https://claww.in/electric-vehicles-in-india-a-legal-aspect/): ELECTRIC VEHICLES IN INDIA-A LEGAL ASPECT Table of Contents INTRODUCTION The introduction of electrical vehicles in the industry of vehicles has been seen as a positive and encouraging step as electric vehicles are environment friendly as compared to the motor vehicles. Transport is a fundamental requirement of modern life, but the traditional motor vehicles are getting outdated. Increase in the number of electric bikes by manufacturers like Ola, Ether, Komaki, etc., on roads shows that the consumers are shifting from conventional vehicles to electric vehicles. Petrol and diesel vehicles are highly polluting, these are being replaced by electric vehicles. As […]
- [Artificial Intelligence](https://claww.in/artificial-intelligence/): Artificial Intelligence Table of Contents The new-found world of Artificial Intelligence Computer science and the desire to create machines that can imitate human intelligence are the roots of AI, or artificial intelligence. In the middle of the 20th century, researchers started looking into the possibility of creating machines that could perform human-like functions like problem-solving, learning, and decision-making. This was the beginning of the term “AI.” Rule-based systems, in which explicit rules were programmed to direct the behavior of machines, were the primary focus of early AI research. However, with the rise of machine learning, a paradigm shift occurred as […]
- [The Right to be Forgotten](https://claww.in/the-right-to-be-forgotten/): The Right to be Forgotten Table of Contents INTRODUCTION The Right to be forgotten talks about an individual’s right over the information about her in the public domain, mainly digital world. The Right, also known as the Right to erasure or delisted emanates from the collage of rights, such as Right to Privacy, Right to publicity, copyright. Just like the freedom of expression contains within it, freedom of not to speak, the right to be forgotten co-exist with the right to publicity. This Article discusses the debate around Right to be Forgotten while identifying the challenges in its practical application, […]
- [Section 494 of the Indian Penal Code: Applicability of the Rule of Natural Justice after conversion](https://claww.in/section-494-of-the-indian-penal-code-applicability-of-the-rule-of-natural-justice-after-conversion/): Section 494 of the Indian Penal Code: Applicability of the Rule of Natural Justice after conversion Table of Contents INTRODUCTION The Hindu personal law dictates monogamy, and the Muslim law allows for up to four wives in India. Therefore, the Hindu husbands began embracing Islam to avoid the provisions of Hindu law and avoid penal consequences. This had become a widespread practice among Hindu husbands, and thus the case of Sarla Mudgal vs. Union of India (a landmark judgement) held that the practice of conversion to another religion in order to secure a second marriage as a violation of the […]
- [Prevention of Money Laundering Act, 2002](https://claww.in/prevention-of-money-laundering-act-2002/): Prevention of Money Laundering Act, 2002 Table of Contents The Prevention of Money Laundering Act (PMLA) was enacted by the Indian Parliament in 2002 which came into force in 2005 to prevent money laundering in India. What is Money Laundering.? Cash and corruption have been two close entities. People do crimes for money, and the money created by crimes gets converted into white money, this whole process is called as money laundering. Thus it is a process of showing that illegally earned money from criminal activity has came from a legal source. Criminal or illegal earned money can be through […]
- [Unveiling the Unyielding: Article 15 of the Indian Constitution and its Impactful Journey](https://claww.in/unveiling-the-unyielding-article-15-of-the-indian-constitution-and-its-impactful-journey/): Unveiling the Unyielding: Article 15 of the Indian Constitution and its Impactful Journey Table of Contents INTRODUCTION Deeply embedded in the core of the Indian Constitution lies a profound safeguard against discrimination – Article 15. In the realm of Indian constitutional law, Article 15 stands tall as a powerful bastion of equality, firmly rejecting discrimination on the grounds of religion, race, caste, sex, or place of birth. With its visionary principles, this pivotal constitutional provision has played a crucial role in shaping India’s social fabric and ensuring justice and equality for all its citizens. From landmark cases to stirring controversies, […]
- [MSME: A VICTIM OF COMPETITION LAW](https://claww.in/msme-a-victim-of-competition-law/): MSME: A VICTIM OF COMPETITION LAW Table of Contents INTRODUCTION Micro, Small, and Medium Enterprises (MSMEs) contribute significantly to fostering well-rounded, inclusive, and fair economic growth and development. They achieve this by creating job opportunities and aiding in poverty alleviation, as recognized by the Organization for Economic Cooperation and Development (OECD) in 2004. MSMEs also help mitigate rural-urban migration by offering employment prospects in rural areas while promoting indigenous technologies. They accommodate occupational mobility and contribute to the industrialization in remote regions, thereby reducing regional disparities and fostering equitable distribution of income. Furthermore, MSMEs serve as valuable complements to large […]
- [IPR ANALYSIS OF NFT’S](https://claww.in/ipr-analysis-of-nfts/): IPR ANALYSIS OF NFT’S Table of Contents INTRODUCTION The tremendous advancement in Information Technology has given rise to a lot of emerging digital assets such as Non – Fungible Tokens (NFTs), Crypto currency and many more. These assets are completely intangible as they exist only in the virtual or digital world. As their popularity is significantly increasing day by day, a lot of legal issues are also increasing along with it.   NON FUNGIBLE TOKENS (NFT’S) Non-fungible tokens (NFTs) are assets that have been tokenized via a blockchain. Tokens are unique identification codes created from metadata via an encryption function. These […]
- [ELECTORAL REFORMS IN INDIA](https://claww.in/electoral-reforms-in-india/): ELECTORAL REFORMS IN INDIA Table of Contents INTRODUCTION In modern democracies the elections lie at the very heart of liberal democracy. There is no denial to this fact that it is only through elections that people in a democracy participate in public affairs and express their will. Likewise as we have always witnessed that it is only through the procedure of elections that power changes from one party to another peacefully and the authority of government gets clothed with legitimacy by constitutional methods. The elections are the most important and integral part of politics in a democratic system of governance. […]
- [AI IN INDIAN JUDICIARY](https://claww.in/ai-in-indian-judiciary/): AI IN INDIAN JUDICIARY Table of Contents ABSTRACT AI, which is similar to a clever computer brain, is accomplishing a lot of interesting things in various aspects of life. It is having a significant influence on how things function in courts and law. The epidemic has accelerated the transition to digital, and India’s ‘e-Court Project’ is an important element of it. AI wasn’t always so popular. It began as a concept and evolved into something incredible known as deep learning, in which computers learn from images and words. AI is now greatly assisting lawyers in reading and comprehending legal documents, […]
- [PROVISIONS FOR BAIL IN INDIA](https://claww.in/provisions-for-bail-in-india/): PROVISIONS FOR BAIL IN INDIA Table of Contents INTRODUCTION “The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process.” –Justice V.R. Krishna Iyerin Gudikanti Narasimhulu case (1977) Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. Bail is a post arrest remedy aimed at the release of the arrested suspect till […]
- [IDENTITY THEFT AND ITS LAWS IN INDIA](https://claww.in/identity-theft-and-its-laws-in-india/): IDENTITY THEFT AND ITS LAWS IN INDIA Table of Contents INTRODUCTION Technology has fostered great advancements. It has alleviated our perspective about boundaries of communications and transactions but as every cloud has a silver lining technology has paved a way for humans to embezzle the perks of it. The technology that we use today has unintended consequences and its growth has given rise to most trivial to most complicated cyber-crimes. One of the alarming crimes in the world is Identity Theft. According to statistical data, Identity theft contributes to 28 percent of overall fraud in India. Several large scale identity […]
- [Artificial Intelligence a threat to Data Protection?](https://claww.in/artificial-intelligence-a-threat-to-data-protection/): Artificial Intelligence a threat to Data Protection? Table of Contents INTRODUCTION We are surrounded by Artificial Intelligence, or ‘AI’ as widely known, in almost every juncture of our lives. Right from voice assistants or facial recognition features on our phones to the many enthralling concepts like the self-driving cars, AI is uniquitous. But do we know enough about AI and its implications? One of the biggest factors that help AI function is data. The more data it gets, the better it processes and performs. And when collection and processing of data comes into picture, privacy becomes a real concern. Even […]
- [Social Media Control under Information and Technology Rules, 2021](https://claww.in/social-media-control-under-information-and-technology-rules-2021/): Social Media Control under Information and Technology Rules, 2021 Table of Contents INTRODUCTION In the year 2000, the Information and Technology Act was passed. At that time social media, OTT was absent, and hence the term IT covered electronic documents, e-signature and digital authentication of those records. Although, internet got introduced in 1986, but the internet services were launched in 1995, but it was not accessible to general public per se as it was limited to education and research field. A notable move in history of ‘internet service in India’ was linking of railway services with internet. By the year […]
- [Process Patenting in India – Benefits and Challenges](https://claww.in/process-patenting-in-india-benefits-and-challenges/): Process Patenting in India – Benefits and Challenges Table of Contents Patent – Definition and Objective The Patent is a type of intellectual property right. It gives the owner the legal Right to exclude others from making, using, selling, or importing the patented invention for a specific term, subject to payment of maintenance fee. The objective of Patent Law is summarized by the Supreme Court in Bishwanath Prasand Radhey Shyam v Hindustan metal Industries, 1979 as: “To encourage scientific research, new technology and industrial progress. Grant of exclusive privilege to own, use, sell the method or the product patented for […]
- [The Indian Evidence Act, 1872- A manual for tedious procedures?](https://claww.in/the-indian-evidence-act-1872-a-manual-for-tedious-procedures/): The Indian Evidence Act, 1872- A manual for tedious procedures? Table of Contents INTRODUCTION The Indian Evidence Act of 1872 serves as a framework for determining the admissibility and relevance of a specific item used to support or refute a claim presented in court. The act’s Section 3 divides evidence into two categories: oral and documentary. The testimony of witnesses before a court may be utilized as oral evidence. Items like written testimony, documents, photos, maps, videos, and electronic records of data can all be used as documentary evidence. The act has to be followed both in civil and criminal […]
- [IS YOUR LIQUOR LEGAL?- An Overview of the Liquor Laws in India](https://claww.in/is-your-liquor-legal-an-overview-of-the-liquor-laws-in-india/): IS YOUR LIQUOR LEGAL?- An Overview of the Liquor Laws in India Table of Contents INTRODUCTION With more than half of all alcohol drinkers in India falling into the criteria for hazardous drinking, alcohol abuse is emerging as a major public-health problem in the country. The need for restricting the consumption of alcohol arises due to the adverse consequences of alcohol consumption ; ranging from accidents and abuse to liver failure. According to Global Status report on alcohol and health, 2018 of the World Health Organization (WHO), alcohol consumption contributes to 3.3 million deaths each year globally and also to […]
- [Surrogacy Act – 2021](https://claww.in/surrogacy-act-2021/): Surrogacy Act – 2021 Table of Contents INTRODUCTION In recent past, India emerged as one of the top medical tourism destination because of thriving business of commercial surrogacy which attracted willing customers from all over the world. The main attraction were the cheaper cost of surrogacy and the absence of sound legal framework that allowed the parties involved to escape if any disputes arose. The industry had turnover of over $400 million a year, according a UN backed study. This necessitated the legislative and judicial intervention, and in 2005 the government approved the National Guidelines for the Accreditation, Supervision and […]
- [How to Protect Yourself as a Consumer](https://claww.in/how-to-protect-yourself-as-a-consumer/): How to Protect Yourself as a Consumer Table of Contents INTRODUCTION A major concern in the realm of consumer complaints is the unawareness of the procedure to file for these complaints to ensure that an individual’s complaints are addressed in appropriate forums. To file a formal complaint against a company, the consumer is primarily expected to send a legal notice to the company stating the deficiency in their product/service provided or the presence of any unfair practice. This is for the consumer to confirm if the company is willing to provide any compensation due to the loss/damage suffered by him/her. […]
- [ADULTERY IS NO LONGER PUNISHABLE IN INDIA](https://claww.in/adultery-is-no-longer-punishable-in-india/): ADULTERY IS NO LONGER PUNISHABLE IN INDIA Table of Contents The word ‘Adultery’ is derived from the Latin word ‘ADULTERIUM’ which means extra marital sex and is considered objectionable on the basis of social, religious, moral and legal grounds. Adultery refers to “an act committed by a married spouse wherein the married spouse commits sexual activity with another person other than his/her spouse.” According to Section 497 of Indian Penal Code, 1860, Adultery refers to “whoever has sexual intercourse with a person who is and whom he knows to believe to be the wife of another man, without the consent […]
- [AN OVERVIEW OF TRANSGENDER RIGHTS AND CHALLENGES IN THEIR FULL REALISATION](https://claww.in/an-overview-of-transgender-rights-and-challenges-in-their-full-realisation/): AN OVERVIEW OF TRANSGENDER RIGHTS AND CHALLENGES IN THEIR FULL REALISATION Table of Contents INTRODUCTION In the recent decade, the LGBT Rights have achieved few of its significant milestones, such as striking down of draconian laws that criminalized the bodily autonomy of people, recognition of their Right to Privacy. These Anti-sodomy laws, including Section 377 of IPC and anti-sodomy laws of UK, South-Africa and other countries primarily focuses on declaring the ‘unnatural’ sexual acts a threat to the society and the set order of nature. What is problematic in these laws is the perception that ‘Your sex is what is between […]
- [DOMESTIC VIOLENCE ACT, 2005 – IDENTIFYING INHERENT DEFECTS AND PROBLEM AREAS](https://claww.in/domestic-violence-act-2005-identifying-inherent-defects-and-problem-areas/): DOMESTIC VIOLENCE ACT, 2005 – IDENTIFYING INHERENT DEFECTS AND PROBLEM AREAS Table of Contents INTRODUCTION Domestic Violence is a universal phenomenon. According to the statistics, one in three women worldwide experience domestic violence. Often identified with ‘intimate partner violence, the United Nations[1] define Domestic Violence as ‘a pattern of behavior in any relationship that is used to gain or maintain power and control over intimate partner. The abuse can be in either or all forms of physical, sexual, emotional, economic or psychological. Most importantly, anyone can be victim of domestic violence, regardless of age, race, gender, sexual orientation, faith or […]
- [MOTOR VEHICLE (AMENDMENT) ACT, 2019- Critical Analysis on the increase of penalties](https://claww.in/motor-vehicle-amendment-act-2019-critical-analysis-on-the-increase-of-penalties/): MOTOR VEHICLE (AMENDMENT) ACT, 2019- Critical Analysis on the increase of penalties Table of Contents Abstract Traffic rules violations are not new in India. As per a report of Ministry of Road Transport and Highways, in the year 2020, 1,31,714 people lost their life in road accidents and 3,66,138 overall injuries and fatalities.[1] Unfortunately, the age range of 18 to 45 years, which accounts for around 70% of all unintentional deaths, is the most severely affected by road accidents.[2] The 1988 act in place for curtailing these issues could be seen lacking to instill fear of being penalized in the […]
- [ELDERLY ABUSE – AN OVERVIEW OF SOCIAL AND LEGAL RIGHTS IN INDIA](https://claww.in/elderly-abuse-an-overview-of-social-and-legal-rights-in-india/): Know more about the Awarded Law Firm Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Donec velit neque. About Us Mauris blandit aliquet elit, eget tincidunt nibh pulvi nar a. Praesent sapien massa, convallis a pellen tesque nec, egestas non nisi. Vivamus magna justo, lacinia eget consec tetur sed, convallis at tellus. Nulla porttitor accu msan tincidunt. Curabitur arcu erat, accumsan id imper diet et, porttitor at sem. Tell Us Your Case Our Vision Curabitur arcu erat, accumsan id imperdiet et, porttitor at sem Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere […]
- [A CRITICAL APPRAISAL OF ABORTION LAWS IN INDIA](https://claww.in/a-critical-appraisal-of-abortion-laws-in-india/): A CRITICAL APPRAISAL OF ABORTION LAWS IN INDIA Table of Contents Background of the Medical Termination of Pregnancy Act, 1971 The moral and religious view regarding Abortion in India and elsewhere has remained archaic where it is seen as sin that should be punished. The British laws categorized abortion under the Offences against a person, and thus the Indian Penal Code, 1862 and Criminal Procedure Code, punishing the woman and the abortionist for carrying out abortion, unless it was done to save the life of the woman. The liberalization of abortion law movements in West in 1960s and `70s had […]
- [Negotiable Instrument Act, 1881 – Dishonoring of Cheque](https://claww.in/negotiable-instrument-act-1881-dishonoring-of-cheque/): Negotiable Instrument Act, 1881 – Dishonoring of Cheque Table of Contents What is a Negotiable instrument? A negotiable instrument is a document which promises a person specific sum of money. It is transferable by mere delivery or by endorsement and delivery. Section 13 of the Negotiable Instrument Act, 1881 (hereafter NI Act) defines ‘negotiable instrument’ as a promissory note, bill of exchange or cheque, payable either to order or bearer. The negotiable instruments originated from ancient barter system. To mitigate the risks of carrying actual money like gold coins, the system was developed by the tradesmen. For example, the Hundi […]
- [Legal implicatons of social media marketing](https://claww.in/legal-implicatons-of-social-media-marketing/): Legal implicatons of social media marketing Table of Contents What is Social Media? Social media has become an integral part of modern communication and has revolutionized the way people communicate, connect, and engage with businesses and organizations. It is a technological platform that enables individuals to share information through written words, images, videos, and music. Social media has become popular among people of all ages, particularly youth, as it provides a means for expressing their opinions and discussing issues. Various types of social media platforms are available, including social networking sites like Facebook, Instagram, and Twitter, as well as blogs, […]
- [Concerns Regarding Anti-trust Laws For Big Tech Companies](https://claww.in/concerns-regarding-anti-trust-laws-for-big-tech-companies/): Know more about the Awarded Law Firm Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere cubilia Curae; Donec velit neque. About Us Mauris blandit aliquet elit, eget tincidunt nibh pulvi nar a. Praesent sapien massa, convallis a pellen tesque nec, egestas non nisi. Vivamus magna justo, lacinia eget consec tetur sed, convallis at tellus. Nulla porttitor accu msan tincidunt. Curabitur arcu erat, accumsan id imper diet et, porttitor at sem. Tell Us Your Case Our Vision Curabitur arcu erat, accumsan id imperdiet et, porttitor at sem Vestibulum ante ipsum primis in faucibus orci luctus et ultrices posuere […]
- [About Us](https://claww.in/about-us/): Know More About Us About Us There are various aspects to the advice we give our clients, aspects which in our experience are not only important but also give a holistic approach to the services we provide and help us maintain a successful professional relationships with our clients. Tell Us Your Case Client Communication We understand the importance of keeping our clients regularly informed of the progress and developments we are making on their legal affairs. Personal Attention Our client’s affairs are either handled personally or coordinated to provide continuity and overall responsibility Response Consultancy services must be provided to […]
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- [Practice Areas](https://claww.in/practice-areas/): Our experts lie in the areas mentioned below Areas of Practice Alternate Dispute Resolution ADR typically denotes a wide range of dispute resolution wherein the parties can settle their disputes with the help of a third party. Banking and Finance Law Banking and Finance Law aims to negotiate and manage the relationship between lenders and borrowers and ensures the represented party’s interests are met Consumer Law Consumer Law seeks to create an equitable balance for buyers and prevents sellers from using dishonest tactics. If the consumers are exploited they can approach the consumer court and seek remedy Corporate Transactions Services […]
- [Home](https://claww.in/): Claww – Chanchlani Law World! Setting you free from the claws of crime, dispute, conflicts & more! About Us About Us The founders of Chanchlani Law World, advocate Neha Chanchlani and advocate Paarth Chanchlani, are set out with a mission to represent the needs of those in need of legal assistance with an effortless and expeditious approach.  Advocate Neha Chanchlani, with an abundant experience and knowledge in psychology  monitors and spearheads the firm’s growth and expertizes in handling the arbitration matters. Whereas, Advocate Paarth Chanchlani, with having appeared in numerous courts throughout the country, works closely with our advisors and other […]


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