In the intricate tapestry of legal frameworks, the Explanation appended to a statutory provision assumes a role of paramount importance. Its function is not to rewrite the law but to illuminate the dark corners of ambiguity that might lurk within its provisions. Section 3 of the Prevention of Money Laundering Act (PMLA) stands as a
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The intricate world of financial crimes often delves into the covert operations of money laundering, an art of disguising the origins of unlawfully acquired wealth. Central to this nefarious web is Section 3 of the Prevention of Money Laundering Act, an integral provision that dissects the anatomy of money laundering as a standalone offense. This
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Money laundering, a term that reverberates within the corridors of financial institutions and law enforcement agencies, encompasses a multifaceted web of activities that extend far beyond the simple act of disguising the origins of ill-gotten gains. This criminal offense is a tripartite puzzle, entailing a series of intricate components that must coalesce for the offense
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The term “Intellectual Property Rights” has not been defined under any Indian statute. As per the World Intellectual Property Organization (WIPO), Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Primarily, there are nine categories of Intellectual Property: Copyright and related
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As per Section 276B of the Income Tax Act, 1961 (“IT Act”), if a person fails to deposit the tax deducted by him with the Central Government within the stipulated period, an offence is deemed to have been committed under the present section. The section is reproduced herein below: Section 276B- Income Tax Act –
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Whether Playing Of Sound Recordings Or Live Performance Of Songs In Marriages & Social Festivities Is Copyright Infringement Or Not? Legal Saga Continues To find the answer of the above query, it is important to first refer the relevant provisions under the Copyright Act, 1957, relating to the literary work, musical work and sound recordings,
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In the case titled as Karti P.Chidambaram & Anr. Vs. The Deputy Director of Income Tax (Investigation), Criminal Revision Petition Nos. 510 and 511 of 2020, the High Court of Karnataka decided the revision petitions filed by the Petitioners, Smt. Srinidhi Karti Chidambaram and Karti P. Chidambaram, against the order passed by the Ld. Special
Article 22(2) of the constitution of India provides that any person arrested and detained in custody must be produced before the nearest magistrate within 24 hours of his arrest and no person can be detained beyond the period of 24 hours without the authority of the magistrate. Similarly, section 57 of the Code of Criminal Procedure,
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The Right to be Forgotten or the right to be left alone is a right that emerges from the Right to Privacy. It, essentially, means that a person has the right to get their personal information removed from public resources if they wish so. This right was recently established in the case of Google v
Right to be Forgotten: An Analysis of the Indian Position Read More »
“Right of an individual to exercise control over his personal data and to be able to control his/her own life would also encompass his right to control his existence on the Internet”.
The Right to be Forgotten: A Constitutional Perspective on Data Erasure Read More »