Advocate S.K.Mohanty

Intellectual Property Rights - Disclaimers & Licences for Blogs, Websites & Social Media etc.

Disclaimers & licences for Blogs,Websites,Linkedin.Power Talk with Senior Advocate@Legal Shebang Can your content on your Blog, Facebook or LinkedIn page give you legal complications ? Intellectual Property Rights Disclaimers & licences for your Websites...

Informative.

'Dangerous For Children': Madras HC Prohibits Downloading Of TikTok Mobile Application The Madras High Court has directed the state authorities to prohibit downloading of TikTok Mobile Application. The bench comprising Justice N. Kirubakaran and Justice SS Sundar has also...

Finally Justice For Anupama Today:
http://www.jagran.com/uttarakhand/dehradun-city-rajesh-gulati-convicted-in-anupama-murder-case-16631663.html

अनुपमा हत्याकांड: राजेश गुलाटी दोषी करार, शुक्रवार को सुनार्इ जाएगी सजा अनुपमा गुलाटी हत्याकांड में अदालत का फैसला आ गया है। अदालत ने हत्या और सबूत मिटाने के आरोप में राजेश गुलाटी को दोषी करार दिया है।

Hon'ble Justice Dipak Misra was sworn in on Monday as the 45th Chief Justice of India (CJI). Justice Misra was administered the oath of office by President of India Hon'ble Mr. Ram Nath Kovind. He has succeeded Chief Justice Jagdish Singh Khehar who demitted office earlier on Monday. Chief Justice Misra will preside over the top court for 13 months and six days.

Breaking: Justice Dipak Misra Sworn in As 45th Chief Justice Of India | Live Law Justice Dipak Misra, the senior most judge of India was sworn in as 45th Chief Justice of India. President of India Ram Nath Kovind has administered oath of office to Justice Misra at Rashtra 63-year-old Justice Dipak Misra, led the bench that awarded death sentence to Mumbai blast convict Yakub Mem...

Without humans behind the wheel, there might then be no need for a drone squadron to monitor traffic.

Enter the Drone | OPEN Magazine From mapping pollution to counting crops, the commercial use of drones is set to boom in India. But only if there is legal clarity

Legal Aspects of Drone Reporting

Drone Journalism and Regulatory Challenges in India | OHRH  English Drone Journalism and Regulatory Challenges in India Mohd Owais Farooqui 7th October 2016 OxHRH Media Privacy and Communications Airspace is of course common property but the reasonable expectation of privacy should limit its common use. Image Credit: Ars Electronica via Flickr, used under a...

"In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income." - Supreme Court of India

Read more at: http://www.livelaw.in/forcing-husband-get-separated-parents-amounts-cruelty-sc/

Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’: SC [Read Judgment] | Live Law Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income, the Bench said. The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husban...

If anything, the Bollywood movie Pink teaches us the importance of having faith in the legal system.
http://www.vagabomb.com/Zero-FIR-Section-354-Other-Legal-Lessons-from-Pink/

Zero FIR, Section 354, and Other Legal Lessons Every Woman Should Learn from the Film Pink Know your rights.

Supreme Court puts Final Death Nail on Concepts of Ancestral Property & Joint Family Property.

Concepts of Ancestral Property Concepts of Ancestral Property March,3,2016: In a Landmark Judgment pronounced by Supreme Court of India yesterday in case titled Uttam vs Subagh Singh, Civil Appeal no. 2360/2016 Dt. 2nd March 2016 has relaid the Law on to the Concept of Ancestral Property. Apex Court ruled that a conjoint reading…

Attorney Ross

Artificially Intelligent Lawyer “Ross” Has Been Hired By Its First Official Law Firm Ross, the world's first artificially intelligent attorney, has its first official law firm. Baker & Hostetler announced that they will be employing Ross for its bankruptcy practice, currently comprised of almost 50 lawyers.

Great Ideas should be implemented globally for harmonious living with our Mother Earth.

New French Law Passed: All New Rooftops Must Be Covered With Plants Or Solar Panels Do you live in France? If you're getting a new house, you might have to follow this incredible, sustainable law. A new law that was passed that mandates that new buildings in commercial lots need to have either plants or solar panels on the roof. Having a garden on your roof sounds like a paradise,…

Encouraging step by the Court?

Free Drinking Water Will Soon Be Available Inside All Movie Theatres in India - The Better India Movie lovers won't have to add the exorbitant cost of water to the amount they spend on tickets, any more.

Homegrown handset maker Micromax has received 1.25 millionth International Registration number for its Trademark - 'MICROMAX'.

The Madrid System for the International Registration of Marks offers trademark owners a cost effective, user-friendly and streamlined means of protecting and managing their trademark portfolio internationally. Under Madrid System, a company have to fill a single application in one language and pay fee in one currency. It helps in reducing time and cost of firms registering their trademarks.

The Madrid System provides an excellent opportunity to Indian companies to make the presence felt in the international market as it is the most convenient and cost-effective solution for registering of trademark in 111 countries simultaneously including India.

The achievement by Micromax was a milestone and we should encourage more Indian companies to register under the Madrid Protocol.

Micromax Informatics Ltd. receives the 1.25th million International Trademark for MICROMAX. This International Trademark registration No. 1.25 million is also a milestone for the Madrid System in India administered by the World Intellectual Property Organisation (WIPO).

Can a brand ambassador, who merely promotes the sale of a product, in the print or in electronic media, be criminally liable?

Are Madhuri Dixit and the Big B guilty of Promoting Maggi Noodles? If indeed Maggi noodles or any other product is a health hazard, a prosecution against the company and its officials must follow - there's no justification in law in making film stars as co-accused

We all have different viewpoints about how to live our lives.

I’m a florist, but I refused to do flowers for my gay friend’s wedding My relationship with God trumps my connection to anyone on Earth. And now I’m getting sued.

Moral Victory for my friend Shesadev Nayak

Consumer Court in Delhi issued warrant against directors/promoters of Seven Hills Estate Ltd,... New Delhi: A Consumer Court In Delhi issued warrant against directors/promoters of m/s. Seven Hills Estate Ltd. (a real estate dev

Delhi polls 2015: Can ‘outsider’ Arvind Kejriwal contest Delhi polls? High Court to decide on Feb 4 The plea was filed by Kiran Walia, Kejriwal's Congress rival in New Delhi.

SUPREME COURT JUDGMENT ON MOTHER TONGUE : On 6th May, 2014 the Hon'ble Supreme Court in "State of Karnataka & Anr. Vs. Associated Management of (Government Recognised – Unaided – English Medium) Primary & Secondary Schools & Ors." reported in 2014 (7) SCALE 53 held that State can't impose mother tongue in primary schools vide a detailed judgment. The government cannot impose mother tongue in primary education on linguistic minorities, the Supreme Court has ruled. According to the apex court, this affects the fundamental rights guaranteed under the Constitution.

A five-judge Constitution Bench headed by Chief Justice R.M. Lodha has said that the state has no power under Article 350A of the Constitution to compel the linguistic minorities to choose their mother tongue as the only medium of instruction.

It also said that the state cannot force choice of language on the ground that it would be more beneficial to the child.

"Prescribing the medium of instruction in schools to be mother tongue in the primary school stage in classes I to IV has, however, no direct bearing and impact on the determination of standards of education, and will affect the fundamental rights under Articles 19(1) (a) and 19(1) (g) of the Constitution".

"The state cannot stipulate as a condition for recognition that the medium of instruction for children studying in classes I to IV in minority schools protected under Articles 29(1) and 30(1) of the Constitution and in private unaided schools enjoying the right to carry on any occupation under Article 19(1) (g) of the Constitution would be the mother tongue of the children as such stipulation. The bench, also comprising Justices A.K. Patnaik, S.J. Mukhopadhaya, Dipak Misra and F.M.I. Kalifulla, also said the children and their parents have right to choose the language for instruction in primary school".

"We are of the view that the right to freedom of speech and expression under Article 19(1) (a) of the Constitution includes the freedom of a child to be educated at the primary stage of school in a language of the choice of the child and the State cannot impose controls on such choice just because it thinks that it will be more beneficial for the child if he is taught in the primary stage of school in his mother tongue. We hold that a child or on his behalf his parent or guardian, has a right to freedom of choice with regard to the medium of instruction in which he would like to be educated at the primary stage in school," the bench said.

The bench said the Karnataka High Court's order to choose a medium of instruction is implicit in the right to education under Articles 21 and 21A of the Constitution was not right.

The issue had come before the constitution bench as the two Karnataka government orders of 1994 making mother tongue or regional language compulsory for imparting education from class I to IV had come under challenge. In July last year, a two-judge bench of the apex court had said its constitution bench will examine whether government can impose mother tongue or regional language as the medium of instruction at the primary education stage as it has a far-reaching significance on the development of children.

The court, which was of the opinion that it was a fit case for consideration by a larger bench, had said that the issue involved in this case concerns the fundamental rights of not only the present generation but also the generations yet to be born.

It had said that the issue had to be referred to a larger bench as a two-judge bench of the court in 1993 had refused to interfere with a Karnataka government order specifying mother tongue Kannada as the medium of instruction at the primary school level and making it mandatory for every child.

LET ALL OF US OBSERVE "VIGILANCE AWARENESS WEEK"
The Central Vigilance Commission, an apex integrity institution of the country in its endeavour to promote transparency, probity and integrity in public life has been declaring the observance of Vigilance Awareness Week every year to encourage the fight against corruption. The Commission has decided that this year the Vigilance Awareness Week would be observed from 27th October - 1st November, 2014. The theme of observing Vigilance Awareness Week this year is “Combating Corruption – Technology as an enabler”.
http://timesofindia.indiatimes.com/city/delhi/CBSE-directs-schools-to-observe-Vigilance-Week/articleshow/44936422.cms

CBSE directs schools to observe ‘Vigilance Week’ - The Times of India : The Central Board of Secondary Education has asked schools to observe “Vigilance Awareness Week” from October 27 to November 1. Students will be asked to participate in a range of activities related to the theme, “Combating Corruption—Technology as an Enabler”.

SHRI JAGANNATH TEMPLE AT PURI:
Welcome! to the official website of Jagannath Temple :
Shri Shri Jagannath Mahaprabhu lord of the Universe is the supreme solace and saviour of countless devotees around the world. since time immemorial, His monumental and magnificent Shrine at Shri Purusottam-Kshetra (Puri, Orissa) one of the four major Dhamas of India has been a most sacred centre of pilgrimage and worship symbolising and uploading one of the greatest spiritual and cultural heritages of the world.
The most frequently depicted theme involves the holy Triad of the Jagannath Temple -
Lord Jagannath, Balabhadra and Subhadra.
Source : http://jagannath.nic.in/index.asp, the official website of Jagannath Temple.
APPEAL :
Let all of us introspect and find a durable and acceptable solution for the proper and smooth management of affairs of Lord Jagannath Temple, Puri at the earliest so that countless devotees around the world have an wonderful darshans of deities and experience transcendental delight.
On behalf of Odisha Forum We appeal to all devotees of Lord Jagannath around the world to share their personal experience at Lord Jagannath Temple at Puri and also to make practical suggestions for reforms in the existing system with the aid of technology and management so that in near future We can organize a conclave on these important issues related to Lord Jagannath Temple at Puri involving all concerned / interested parties as per the governing statute for the temple SHRI JAGANNATH TEMPLE ACT,1954 (ORISSA ACT 11 OF 1955).
JAI JAGANNATH

Home : Shree Jagannath Temple, Puri, Orissa, India Official website of Jagannath Temple Puri, Orissa, India, developed with an objective to enable a single window access to information and services being provided by the Jagannath Temple. This website facilitates ONLINE Donation in favour of lord Jagannath.

People can access case proceedings online, say for instance status of a case in a local court in Kalahandi in Odisha from any part of the globe soon.
http://timesofindia.indiatimes.com/india/Access-court-proceedings-rulings-online-by-year-end/articleshow/44892473.cms

Access court proceedings, rulings online by year-end - The Times of India After rolling out fuel subsidy reforms, the Narendra Modi government has turned its focus on courts. It intends to digitize all of the 15,000 subordinate courts across the country as in an effort to expedite justice delivery.

Jayalalitha gets interim bail from Supreme Court till 18th December 2014.

Jayalalitha gets interim bail from Supreme Court Jayalalitha gets interim bail from Supreme Court

Movie for My Weekend : The Judge

Excerpts of excellent review of the movie from The Telegraph, U.K.

'Downey doesn't disappoint'

Robert Downey Jr drops his Iron Man armour to spar with Robert Duvall in this Grisham-like courtroom drama. But Tony Stark is never far away, says Robbie Collin
Directed by David Dobkin; Starring: Robert Downey Jr, Robert Duvall, Vera Farmiga, Billy Bob Thornton, Vincent D’Onofrio, Jeremy Strong, Dax Shepard, Leighton Meester. 15 cert, 141 mins.

As star vehicles go, The Judge is a 30-foot motorhome. Robert Downey Jr’s latest film, about a big-city lawyer who reconnects with his rural roots, comes with every convenience pre-installed: a semi-estranged father, a sparky love interest, a sweet young daughter, long-buried secrets and ravishing shots of the American Midwest. The drama gets up to 55 miles per hour and stays there, trundling handsomely and harmlessly into the sunset.
Downey plays Hank Palmer, a high-flying criminal defence lawyer whose wings are conspicuously unclipped. “I respect the law, I’m just not encumbered by it,” he announces in the gents at a Chicago courthouse, shortly after "accidentally" relieving himself on a rival’s brogues.
The director and co-writer, David Dobkin, makes sure that we know Hank has little respect for his clients, who are white-collar embezzlers and corporate raiders to a man. But Hank does respect the lifestyle they’ve afforded him, and at the end of a hard days legal manoeuvring, he retreats to a modernist lair in the woods, with a Ferrari in the driveway, a wife half his age, and a seven-year-old daughter (Emma Tremblay) who’s his pride and joy.
Hank couldn’t have landed farther from his upbringing in rural Indiana, although a phone call soon changes that. Hank’s mother has died and he’s called home for the funeral, which he decides to attend solo. What’s hard for him isn’t so much the loss of his mother but the finding of his father, the well-respected judge at the town’s courthouse, who’s played by Robert Duvall. Unstinting, bone-deep justice has been his life’s pursuit, and he takes a dim view of his middle son’s polished deviousness.

The trip home also sees Hank reunited with his brothers, Glen (Vincent D’Onofrio), a once-promising baseball player whose career didn’t work out for reasons you can guarantee will be brought up while the whole extended family is trapped in a cellar together during a hurricane, and Dale (Jeremy Strong), who has a slightly patronisingly non-specific mental condition and a love of shooting home movies on a dusty old Super-8 camera.
The film begins as a kind of Duelling Banjos of ornery charisma, with Downey and Duvall circling one another, trading barbs that are generally funny but occasionally draw blood. It’s a pleasure to see Downey out of his Iron Man costume, although he treats his lines in much the same way as he does Tony Stark’s: like itches he’s raring to scratch. Similarly, Duvall growls irascibly as he has growled irascibly before, and anyone hoping to see these two actors in full flow will not leave the cinema disappointed.
Just as Hank is about to return to Chicago, his father is arrested on a hit-and-run charge, which quickly develops into something Grisham-y and graver. (The silvery prosecutor is played by Billy Bob Thornton in a three-piece suit, so you know things are serious.) For reasons the film never quite makes you believe, Hank lends a hand in his father’s defence, his tailored shirts and jackets standing in contrast to the town attorney’s off-the-peg two-piece in an elegant shade of cat sick.
A whole host of sub-plots spring up around the trial – the best involves the ever-valuable Vera Farmiga as an old flame whom Hank discovers still working in the diner where he left her 20 years ago – but the film becomes so busily involved in these that when it finds its perfect closing shot at around the two-hour mark, it has to grind on for a further 15 minutes or so, just to tie everything up.
As such, The Judge occasionally feels divided against itself: it’s half-homecoming story, half-courtroom thriller, packaged as a two-for-one deal. But for the most part, it finds a way to make both formulas work in its favour. It respects the laws, but it’s not encumbered by them.

Tell us what you loved most about .

Justice Touching Human Soul

Right to life overrides right to do business, Supreme Court rules - The Times of India Right to life outweighed right to do business with the Supreme Court rejecting State Bank of India’s petition challenging an Allahabad HC order directing sugar mills in Uttar Pradesh to sell the sugar stock hypothecated to SBI against loans to pay sugarcane farmers’ dues.

Need of the Hour : Policy on e-commerce retail business.

Flipkart mega sale: Government may formulate new policy for e-commerce - The Times of India The government has said it will look into the concerns and take a call on whether more clarity is required on e-commerce retail business.

Indian court bans animal sacrifice.

SC refuses to lift ban on animal sacrifice in Kulu Dushara SC refused to vacate an order banning animal sacrifice during Kulu Dushara and in other religious rituals of the Kulu region of Himachal Pradesh.

One of the media bite given on 19th April, 2012 when the Hon'ble Supreme Court issued notices to the Central Government and the Odisha Government, asking for an explanation on a petition seeking to restrain the state from releasing the Maoists in exchange of the abducted BJD MLA Jhina Hikaka, then,now an BJD M.P. (Lok Sabha).
http://www.youtube.com/watch?v=pFvq4uHvIVo

Odisha crisis: SC issues notices to centre, state New Delhi, April 19 (ANI): The Supreme Court today issued notices to the Central and the Odisha government, asking for an explanation on a petition seeking t...

Clean India Campaign in Supreme Court

Supreme Court too joins PM 's campaign

During the past two days, employees of the Supreme Court led by Secretary General Ravindra Maithani and its registrars joined hands to clean its premises as well as adjoining areas. http://ow.ly/CfDCV

Happy Dussehera & Vijaya Dashami:

Ravanayan (Another Perspective)
"I did not allow you to enter my Lanka till I was alive. But I am entering your Vaikuntha when you are alive.
So I am the winner, not you ! "
- Ravana, the Asura (Demon) King of Lanka on his death bed told Shri Ram where he is on the verge of dying and thinking about his people and his family who died and lost the battle to Vaanar Sena led by Shri Ram .

We need to stop these rituals and live spiritually to spread peace and love regardless of caste, religion.
http://www.thehindu.com/news/states/karnataka/with-apex-court-staying-modified-ritual-made-snana-held/article4207004.ece?homepage=true #.UM56GWU5eew.gmail

With apex court staying modified ritual, ‘made snana’ held The ritual will be observed for two more days at Kukke Subrahmanya temple

Temple of Justice