TAX STRUCTURE AND ITS ECONOMIC IMPLICATIONS IN INDIA

The Indian economy has experienced a decrease of 18.3% in the economic growth in the second quarter of 2020, the outcome of which was a net growth of just 23.9%. In addition, the fact retains the ranking of India due to pandemic. India is recorded to be the third-worst affected country due to the pandemic by the outbreak of COVID-19.[1] The outbreak of the virus has adversely affected the economy of India, where the businesses were shut and natives didn’t have much of a source for generating income, not only this, the individuals spent a large portion of their savings to survive the period of lockdown and even now, when the lockdown is lifted. The money flow in the economy has come to a stagnant position.

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All You Need To Know About: Competition Commission Of India

The Setting up of the Competition Commission of India regime in India has so far proved to be a much more difficult task in hand than what was initially envisaged. Starting from the last decade the Competition Law in India has seen a lot of twists and turns in its application. Initially, there were two basic laws regarding the implementation of Competition Law in India.

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Revision of Women’s Legal Age for Marriage

Since 1978, the legal age of marriage for girls has been 18 years, while the same is 21 years for boys. As per the Indian Majority Act, 1875, the minimum age of marriage is distinct from the age of majority. Recently the Finance Minister of India, Nirmala Sitharaman, revealed in her budget speech on February 1, 2020, that a task force had been implemented to look into the age of a girl entering motherhood and marriage. This may include revising the legal age of marriage for women from 18 years to 21 years – the same as a man’s legal age for marriage. 

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Abolition of Limited Estate in The Light of Hindu Succession Act, 1956

The privilege of possession of title is significant for one’s opportunity and advancement. In ancient times, the rule of inequality prevailed in society, owing to which females could not avail of their fundamental right of property. But in today’s era, females enjoy certain freedoms. However, many women do not meet their privilege, either because they are uneducated or are ignorant of their legal rights.

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Pre-Packaged Deals In India

Owing to COVID-19, the Government, in an attempt to mitigate the predicaments of companies, decided to suspend the Insolvency and Bankruptcy Code, 2016. The subject of suspension of the IBC gained more impetus when clarification was issued on June 5th, 2020, as an ordinance. Section 10A, which essentially suspended the effect of Sections 7, 8, and 10 for a year, was inserted. The Coronavirus crisis has been a catalyst that led to this development, as the rationale was to protect the interests of the Micro, Small, and Medium Enterprises.

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Arrest And Rights Of An Arrested Person

The expression “arrest” means the detainment of any person by lawful authorities. After the arrest, the liberty of the accused is in the dominance of the arrester. Under the law of crimes, an arrest is an essential tool to present the accused to be taken before the court and to prevent absconding. According to the Farlex Legal Dictionary, “arrest” is defined as “a seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.”

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Legal Recognition of Same-Sex Marriage: A Necessity

LGBTIQ represents persons who identify themselves as Lesbians, Gays, Bisexual, Transgenders, Intersexuals and Queers. These are the people who do not fall in the category of male and female, some biologically and some in terms of their sexual orientation. After the historic judgement that decriminalised consensual sexual interaction between homosexuals, the question that arises is that after a long battle for sexual freedom, what will be the next step towards the complete exercise of civil rights. Civil rights and fundamental rights include rights like the right to choose one’s own partner and the right to marriage.

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Plea Bargain: Overview And Challenges

Plea bargain, also known as plea agreement or plea deal, refers to the pre-trial negotiation or agreement, in a criminal case, between the prosecutor and the defendant. Herein, the defendant, in exchange for some concession from the prosecutor, agrees to plead guilty or nolo contendere to a particular charge. In other words, ‘plea bargaining’ is a deal offered by the prosecution side in order to induce the accused to plead guilty. 

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Marital rape- An Oxymoron?

The general meaning of rape can be understood as unlawful and forced sexual intercourse. Merriam Webster defines it as an illegal sexual activity committed by force or due to threat of injury and is against the will of the victim or someone incapable of giving consent due to mental disability, disorder, and unconsciousness.
The term’s legal definition, in the context of its consideration under Indian laws, has been codified under Section 375[1] of Indian Penal Code, 1860.

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Law of The Sea

Earth has oceans that cover upto 72% of its surface. The understanding of the value of oceans is lesser-known to mankind. We all have been aware of the drastic changes taking place in our environment, the pollution gnawing at the very thing that is important for our survival. Not only the mere trade, economic activities carried about in these oceans are being subject to risk but also the conservation of the marine living resources is being difficult. 

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Private Defence- Protection Against Body Or Property

Every citizen has the right to help himself, and the right of private defense must encourage the citizens of every free, democratic country. We have to understand one thing that the right to personal security is not applicable when there is time to have a source to get any public authority protection. Sections 96 – 106 of Indian Penal Code, 1860 deals with the right to private defense. Under these sections, the provision mentions that the person can use all his necessary forces to protect their life, property, or even another person’s life or property.

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What Is Insider Trading and How does SEBI Deals with It?

Insider trading includes trading in a public company by someone who has confidential, price sensitive information, and who uses and deals with such information. Insider trading can either be illegal or legal depending on the knowledge, based on which the individual is trading. According to section 2(h)(ha) of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992[i] ‘price sensitive information’ means any information relating to present, future or even past, that has the potential to affect the prices of securities and value of the company.

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Adoption under Hindu Law

It’s not rocket science to predict that our country’s future lies on our young ones’ shoulders, and the government takes adequate measures to maintain their safety. In doing so, government and judicial authorities focus on the adoption laws of children. It’s unfortunate to see that on one side, we have children who get all the necessities, their guardians adequately feed them, they are provided with every amenities, starting from clothes to education. Moreover, they are loved.

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Prevention of Child Labor

Child labor is something that is distinguished from normal labor. Child labor refers to a practice whereby a child, under the legal age for working, i.e. 14 years, is made to do work that is physically or mentally harmful for them in such age. Universally, the age for considering a person a child is 18 years of age. Child labor occurs in almost every industry, for example, brick making, bangle making, agriculture, and various hazardous work.

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Analysis of Sources of Law In India

The study of Sources of Law is the study of various phases of its development that gave it new drive and vigor and enabled it to verify the dynamical wants. Law is not static, since society is constantly evolving, legal guidelines also are changed to keep pace with the necessities of society. There are as many interpretations of the expression ‘Sources of Law’ as there are schools and theories regarding the concept of Law

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Marijuana – Should It Be Legalised In India

Marijuana, also known as ‘Vijaya’, is termed to be one of the five sacred plants existing on earth and yet it is not legal in India. Marijuana is a form of drug which is made from the leaves and flowers of cannabis which produces the feeling of being relaxed when consumed either by smoking or eating. However, why is marijuana not legal in India? And even after that, why do we consume it on the joyous occasions of Holi (bhang) and Maha Shivratri (thandai)?

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All You Need To Know About Defamation

The term ‘Defamation’ can be well understood with a proverb ‘think before you speak’. Any statement made against the other party, which tends to lower his status among the right-minded people can get you two years of jail term! In the case of Nambi Narayan v. Silbi Mathews[1], the Supreme Court held that the reputation of an individual is an insegregable part of his right to live with dignity.

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Mental Health: Indian Scenario And The Impact Of Covid-19

Mental health, a major concern worldwide, affects a person’s thinking, mind and behavior. It includes emotional changes in human beings accompanied with psychological changes like schizophrenia, depression,etc. At every stage of life, mental health is important, be it childhood or adulthood.

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Govt Relaxation to Ease Global IBC Regimes in Times of Pandemic

COVID-19 which erupted from the Wuhan region of China hastily turned into a global health emergency with threatening outcomes in Italy, America and some European countries. The disease which at the first instance seems to be normal has left long-running economies in peril of serious setback. The essay starts by assessment of the menacing effects of this pandemic on various economies including India.

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Doctrine Of Separation Of Power And Its Relevance In The Modern Era

The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power. This is a system of checks and balances that prevents any organ from becoming supreme or misusing its power. The whole structure of the Constitution is predicated upon the foundation which is formed because of the doctrine of separation of power.

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Need For Codification of Muslim Personal Law

Islam is one of the oldest religions in the world. This religion originally originated from Arabic countries but now it is being followed by the people of most of the countries in the world. Unlike the personal laws of other religions, the Muslim law in India is largely uncodified. This means that there is no law enacted by the legislature of the state to govern the Islamic religion in India.

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ADR and Its Types

Alternative dispute redressal’s goal is enshrined in the Indian Constitution’s preamble itself, which enjoins the state: “to secure to all the citizens of India, justice-social, economic and political-liberty, equality, and fraternity.”[2] ADR was formally introduced in India by the legislature by amending section 89 of the CPC and Order X Rule 1-A to 1-C, following the Law Commission of India and the Malimath Committee’s recommendations.

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Boycott of Chinese Apps

In the wake of going head to head with Chinese powers on the India-China fringe in Ladakh, and a brutal conflict on June 15 that left 20 Indian fighters martyred, the Indian government on June 29, prohibited 59 applications of Chinese origin, referring to information security and national sway concerns. These include popular apps, for example, TikTok, SHAREIt, UC Browser, CamScanner, Helo, Weibo, WeChat, and Club Factory.

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Analysis of the Administration of Rule of Law in the Present World

The concept of “Rule of Law” is derived from the French phrase ‘La Principe de Legality’, literal translation of which is ‘the principle of legality,[1] referring to a form of government based on principles of law and not of men.Rule of law implies that government authority must operate per the written laws, which are held to be supreme, adopted through an established procedure.

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Impact of Capital Market on India

The Indian capital market played a vital role in saving mobilization in the year 1950. During the period of 1960-1980, the importance of the capital market was diminished and during the same time as a proportion of national income, the domestic savings were increased from 13%- 22%. From the capital market amount fund was raised up to 13% of net domestic saving. 

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Regulation of Companies: Raising of Capital Issue of Prospectus

Raising of capital refers to the process of procuring capital funds that are undertaken by companies, governments, etc. Companies may raise capital either by means of a debt instrument or through the issuance of shares. Depending upon the structure of a company, the method of raising capital generally varies. Factors that affect the raising of capital by a corporate include management structure, governance and quality, strategies, and the purpose and funding requirements of the company.

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Sociological School of Jurisprudence

“Values” are core beliefs within society as to what is good and bad, moral and immoral, and acceptable and unacceptable. Similarly, “norms” are action aspects of values that teach us how to behave in a situation and “customs” is a close synonym to the norm, which guides the life of an individual.  These were the founding stones of law. “Laws” were formal “norms” that attracted sanctions by the society.

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Expound the Term “Test Identification Parade’’

In all criminal trials, two things should be identified, i.e. whether the alleged offence was committed and who committed the crime. To identify the accused, the practice of test identification parade (hereinafter, TIP) is undertaken. This test is done by the magistrate in the absence of interference by police. Section 9 of the Indian Evidence Act, 1872 talks about the Test identification parade.

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Freedom of Press: A Guaranteed Right?

The Constitution of India, under Article 19(1)(a), provides for the right of freedom of speech and expression to every citizen of India. Freedom of speech and expression connotes the citizens’ right to speak and to freely express their views without any unreasonable restrictions. In this article, we will study the freedom of the press which comes under the ambit of freedom of speech and expression.

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Men- The Unheard Victims

The patriarchal theory that men typically dominate women is omnipresent. The idea is not wrong but is not cent per cent true. Indian women and children are protected by the Indian laws against various offences and are also given special rights that they can avail. Conversely, men in India have few rights that they can avail.

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The History of Lynching

Lynching comes under the family of mob violence and is often defined as the killing of someone by a group of people, for an alleged offence, without a legal proceeding. These killings are often preceded by a form of torture. In India, the Protection from Lynching Act, 2017 defines the term lynching as any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds. Lynching, as a phenomenon, is relatively new to India.

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Gift: Concept and Kinds

In layman terms, gift refers to a unilateral transfer of ownership, without any consideration. According to the Transfer of Property Act, 1882, ‘gift’ means the transfer of a thing, which can be movable or immovable in nature, to a person, without any consideration. In the transfer of gift, it is essential that the thing which is being transferred should be in existence at the time of making the gift and thus, a future property cannot be transferred or cannot be gifted.

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India And China: The Digital Tussle

The relationship between China and India, also known as Sino- Indian relations, have varied over the passage of time. The two nations have sought after economic corporations with one another, with the border dispute being the highlight. India was the nation who ended the ties with Taiwan and perceived their people as a legitimate government of Mainland China. In 2012 China stated that Sino – Indian ties could be the most important bilateral partnership.

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International Trade – Economic Theories

As per traditional concepts, trade was understood to refer to the exchange of goods. However, in the present era, it relates to lending, movements of goods, transactions linked with the flow of goods, promotion of buying and selling advance, borrowings, discount bills and mercantile documents, banking, and other forms of supply of funds. International Trade is the trade between two or more states, i.e., trade across borders. It may either be between the residents of two different states, or between two different states, or between a state and a resident.

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India and its Lingering Border Disputes

For far too long, India has been in the eye of the storm regarding its several border disputes. In recent times, the nation has excelled to resolve its boundary disputes with Bangladesh and Sri Lanka and trying out all possible ways to resolve the issues. The un-demarcated borders with Myanmar, Bhutan, and lately with China, Pakistan, and Nepal have often outburst into conflicts. Likewise, India is able to restitute its marine boundary dispute with Sri Lanka and Bangladesh.

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CONTEMPT OF COURT- THE LATEST WRANGLE

“I do not ask for mercy. I do not appeal to magnanimity. I cheerfully submit to any punishment that the court may impose,” a quote paraphrased from the sayings of Mahatma Gandhi, stated by Advocate Prashant Bhushan. The matter revolves around “Scandalizing the Court” or The Contempt of Court which relates to an offence that shows disrespect to the dignity or authority of the court in a certain way.

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Offensiveness in Obscenity and the Legal Provisions

Depiction of obscene materials and Pornography is considered as the forbidden subject in the social fabric of India. It cannot be denied that obscenity is against decency and Morality. Generally, it can be seen by advertising materials in which the women are used by showing their different body parts. Nudity is exhibited on the internet in the form of videos and pictures.

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Extrajudicial Execution: An Analysis

Extrajudicial execution refers to an act of killing that is affected outside the course of regular judicial proceedings; not founded upon, or unconnected with, the action of a court of law. It is considered as the highest form of violation of democracy since the whole idea of democracy is based on the recognition of individual liberty.

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Independence of Judiciary

This system can be called the ‘Horizontal Power-Sharing Model’. It is followed mainly to reduce the possibility of concentration of powers in any one organ, making it powerful. Through this system of division of power, the Constitution has endowed the system with checks and balances where one organ cannot infringe upon the areas others are dealing with.

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Who can seek maintenance under section 125 of the CrPC?

The term ‘maintenance’, has not been defined anywhere in the Code of Criminal Procedure, 1973. However, chapter IX, sections 125-128 of the code deals with the provisions for maintenance and provides for a speedy and effective remedy against a person who neglects or refuses to maintain their dependent wives, children, and parents.

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Honour Killing In India: A Legal Perspective

Honour is a prime and valuable asset of human beings. It is an intangible property of both men and women. Honour killing is the killing for the sake of honour. Killing someone in the name of honour is not only against the law but also a significant violation of human rights. Honour cannot be sacrificed either for the individual interest or for the collective interest of the society.

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Patent Law In Times Of Pandemic: Ensuring Affordable Access of Drugs To All

This article seeks to understand the various ramifications of patent laws worldwide and its implications in India with respect to drugs and potential vaccines for COVID 19. It also tries to analyse from a legal point of view, the different elective approaches that have been accessible to Gilead and other expected partners to guarantee reasonable access of Remdesivir, and the inspiration towards embracing voluntary licensing models.

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Mechanisms of Amendments of the Indian Constitution

From a young age, Indians are taught to take pride in their country and their Constitution. The Constitution of India sets the tone of the country’s polity, establishes the framework for the functions of different organs, and lays down the nature of the relationship among them. It supersedes any provision made by the Parliament of India that may contrast to the provisions mentioned in the Constitution. 

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Agency – The Indian Contract Act, 1872

Chapter X of the Indian Contract Act does not include all the aspects of the agency, it tries to cover general terms and it does it effectively. The concept of the agent is fairly extensive and compressing it into sections is a tedious job but the Indian lawmakers efficiently stood up to the task. This article focuses on the status of minors in the contract of agency, it also tries to highlight the key aspects of agency and differentiates between the relationship of master-servant and principal-agent. Furthermore, the article discusses express agency, implied agency, and agency by estoppel as well as the article clears the clouds of doubts surrounding the agency of necessity. 

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National Education Policy 2020: An Analysis

The National Education Policy 2020 (NEP 2020) which was approved by the Union Cabinet of India on 29 July 2020 outlines the vision of India’s new education system. The new policy replaces the previous National Policy on Education, 1986. The policy is a comprehensive framework for elementary education to higher education as well as vocational training in both rural and urban India. The policy aims to transform India’s education system by 2040.
The government has taken a very good step.

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Honour Killing: The least recognized form of violence against women’s autonomy

The term ‘honour killing’ has often been misinterpreted as the ritualistic method of murder that is precipitated by the perceived loss of the aggressor’s honour. The victims in this form of crime are generally women and the perpetrators are males. A widespread form of gender violence against the autonomy of women particularly in the area of marriage and sexuality needs to be brought to concern and inquired into.

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RIGHT TO BE FORGOTTEN: The Personal Data Protection Bill, 2019

Recognition of new rights with the changing time is a vital need for the growth of society. It requires a different orientation with balanced amendments. Right to be Forgotten (RTBF) is finding its way in India. RTBF refers to the right of an individual to ask for the removal of information involving his/her past from the Internet which is usually easy to look up using a search engine and often undermine their future opportunities in terms of jobs, relationships etc. The meaning differs with varying jurisdictions.

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Pm Cares Fund: It Is Time to Address The Elephant In The Room

On March 28, 2020, the Prime Minister of India Narendra Modi announced the creation of a fund called Prime Minister’s Citizen’s Assistance and Relief in Emergency Situations[1] (hereinafter ‘PM CARES’) to fight COVID 19 which has been declared as a pandemic by the WHO. As on May 20, 2020[2], around INR 9,677.9 Crores were received from various sources into the PM CARES.

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Intellectual Property and The World of Web

Some years ago, countries of this planet decided to globalise with unprecedented pace but they were unaware of what was about to emerge from the pot of destiny. Globalization required newer ways of connectivity and so the advent of the Internet gave a completely new dimension to the same. In the 1990s world was observing the growth of the internet, it was expanding its scope, also in the same years of the ‘90s, various commercial and non-commercial activities were being facilitated through World Wide Web. Before the involvement of commercial activities on the internet, the internet was free from intellectual property issues. But the development of commercial activities in the internet spectrum not only saw the rise of intellectual property issues on a local stage but these issues became a regular theme of public policies globally.

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Palghar Mob Lynching and the Corruptive Silence

The article is about how to resist back from the group of monstrous people in our country who are staged ubiquitously in our society with an intention to swallow our country by slaughtering an innocent individual merely based on a presumption of the crime which may be done by a person or because of supposing on the false rumors based on caste, religion, sex, race, political affiliation or other diverse grounds.

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Legal Provisions for The Protection Of Women

India has a huge number of crimes in the past few years, especially against women. Women are not secure anywhere whether it is in their houses, public places or at the workplace, etc. Even, in this era, one of the major concerns is to safeguard and protection of women. Consistently, there is a rise in violence against women. As we live in a democratic country where women were considered a symbol of spirituality in our scriptures but, they are treated unequally.

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Whether Putting “Sindoor” and Wearing “Mangalsutra” is an Integral Part of a Hindu Marriage

Since time immemorial marriage is referred to as the most important institution of human society. In Hinduism marriage is considered a very sacred and pious union. It is considered as an important social institution between two families rather than between two individuals marking the new beginning in the life of both the bride and groom. Ancient scripture like the Vedas has laid down the importance of marriage in a person’s life.

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Legal Analysis of Quarantine Powers during the Coronavirus Pandemic

The oldest method to reduce the rapid spread of bacterial and viral infections is Quarantine. The first law was passed in 1377 by the Great Council regarding medical isolation of the plague struck European countries. Initially, the isolation was for 30 days and was called ‘trentino’ nut when the isolation period was increased to 40 days the term shifted to ‘quarantine’ deriving its origin from the Latin word ‘quadraginta’.

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Law On Common Intention: A Glance At Section 34 Of The Indian Penal Code, 1860

Criminal law deals with secondary liability in several ways. When more than one offender is/are engaged in an offence(s), the charge-sheet against them usually carries Section 34 along with other relevant charges. Section 34 of the Indian Penal Code, 1860 (IPC) has always been in controversy considering its frequent use and yet its inadequate interpretation.

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Unconstitutional and Unethical Matrimonial Remedy – Restitution Of Conjugal Rights

Marriage is the most significant and holy association in our society. In general, marriage can be portrayed as a bond/responsibility between a man and a lady. As it is observed the experience of marriage can be fruitful or unsuccessful. And at times in a marriage, one accomplice decides to step out of their relationship, and another accomplice attempt to spare their marriage take recourse to matrimonial remedies.

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Explicit Embargo on The IBC: A Masterstroke Or A Desperate Move?

The current pandemic has brought with itself a whole slew of problems. The novel coronavirus (SARS-CoV-2) onslaught has resulted in the entire world economies coming to a standstill. This is an unprecedented scenario. The situation pertinent to India is no different and consequently, the Indian economy is standing no fairer than others. The forecasted growth rate of India is gaining momentum in the downhill direction. The growth rate predicted by the United Nations has been slashed down to a mere 1.2 percentile in the ongoing year crisis

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Covid 19 And Force Majeure

Around the world, as events have been canceled, restaurants and businesses shuttered. The outbreak of COVID-19 is no new news. It’s existing in the world economy from the past six months or even more, but India strictly observed the precautionary steps by implementing lockdown since March 2020. COVID-19 has not only affected the economy but its later effects include the “Impossibility of Performance of Contract.” Lockdown leads to a temporary shutdown of business intra-state, interstate, and foreign trade as well.

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Law and COVID-19

Covid-19 a deadly virus which got detected in Wuhan, China which is in Hubei province at the end of December 2019, It came to the knowledge of W.H.O[1] in January and it was declared as a Global Pandemic by W.H.O on 30th of January 2020. According to Chinese scientists[2], the virus originated in the vet market in a bat and somehow hopped to another animal, possibly the pangolin which then passed it on to a human and now the virus is spreading from person to person without any animal intermediary. The first case of the coronavirus in India came to light on 30th January in the state of Kerala.

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Protection In Respect of Conviction For Offences, Article 20 An overview

Article 20 is one of the essential pillars of fundamental rights guaranteed by the Constitution of India. It mainly deals with the protection of certain rights in case of conviction for offences. When an individual, as well as corporations, are accused of crimes, the provisions of Article 20 safeguard their rights in order to attain the Justice, equity and good conscience.

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Basics of Strict Liability and Absolute Liability

Strict liability is a concept that holds a party responsible for their actions or products, without the plaintiff having to prove negligence or fault. In Strict Liability, a person may be held liable for some harm even if there is no negligence on his part or he has no intention to inflict such harm i.e. even if the person has taken necessary precautions, he would be made liable under the doctrine of strict liability.  That is why strict liability is also known as ‘no-fault liability’.

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Right Against Exploitation: Article 23 & 24

Before India got independence, our Indian society mollycoddled the caste system and entertained evil social practice, the significance of which is still somehow fresh in independent India. People abhor lower caste people, tender them to be unmerited people and fit for no work, the only work they can do is either as a labourer or a slave of someone. they do not get any chance of better employment to represent them in a proper platform to enhance the obscure status of their caste. Results of this pretentious noble people exploit them for their misdeeds and for-profit, in modern days traffic of humans especially of women and children showed to be the reclining reason for exploitation in the form of prostitution, bonded labour & begar. Although the need to maintain balance in society was observed by the Constitutional framers prematurely, made a solution according to the prevailing condition of social order. To avoid evil practices and to secure the dignity of life and the happy living of every citizen, incorporation of Article 23& 24 makes better annotation.

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Waging War Against The Government Of India: Section 121 & 121A

Indian penal code 1860, provides offences by the virtue of wrongful act and also ascribes the punishment of the same offence. In chapter V1 of Indian penal code offences against the state defined. One of the offences against the State is, waging war or attempting to wage war against the government. Here war is not a conventional war between the two countries, organizing and joining resurrection against the government of Indian can be termed as waging war against the government of India. Lucabate section 121 in detail.

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FOUNDATION OF BASIC STRUCTURE DOCTRINE: THE POLITICO – JUDICIAL DRAMA

The Doctrine Of Basic Structure Was Primarily Propounded By Justice Hr Khanna, A Former Judge Of The Apex Court Of India He Was Of The Opinion, That  The Constitution Has Certain Basic Principles Upon Which The Whole Spirit Of It Stands.
According To Article 368,  Parliament And State Legislatures Have The Authority To Amend The Constitution Within Their Respective Jurisdictions. However, The Power Is Not Absolute In Nature. The Constitution Empowers The Judiciary  To Interpret The Constitutional Validity Of The Laws Made By The Legislature.
If A Law Violates Any Of The Provision Or Is In Contravention Of It, The Judiciary Has The Power To Declare And Quash It Down.

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An Introduction to Tort of Negligence

Generally, the word negligence is used as a synonym of the word ‘carelessness’. But, when we talk about its legal sense, it signifies a failure to exercise the standard of care which a reasonable man should, by law, have exercised in the given circumstances. So, Negligence can be described as a situation in which damage is caused to a person because of the careless act or omission of the other person. In other words, it is a failure to take proper care over something or breach of a duty of care which results in some damage.

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Concept Of Quasi-Contract, Under Indian Contract Act, 1872

What if your neighbour ordered a pizza, but it was delivered to you by mistake, and you galloped it, are you bound to pay him? What if you are standing on the roadside and auto-rickshaw comes beside you and the driver asks, do you want to go sector 22 and you sit in the rickshaw, without contemplating about the fare, are you bound to pay? Yes, you are bound to pay in both conditions you can’t make excuses that there was no contract. 

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Article 15: Prohibition of Discrimination on Certain Grounds

We are living in a modern age, where people have an abundance of amenities with convalescent civilization, but still, we are not equal in a matter of equality. In our Indian culture, upper class have superiority complexes, which creates a hindrance to accepting the facts of equality in all terms. Nevertheless our constitutional framer’s insight the condition of this mentality, in order to neutralize they embodied the concept of an article 15 in our Indian constitution.

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A Startling Question: Does humanity, Still Alive in Humans?

ARE WE GOING BACK TO THE AGE FROM WHERE WE STARTED AS ANIMALS WHICH THEN EVOLVED TO HUMAN BEINGS?

Why am I asking this question? What is the need for it? I will tell you, but before that just think of the mentality of the people around yourself. Is their behaviour totally manly or there are some conflicts. You are so lucky if you are unable to find any flaws. Because one after the other, the cases of violence not only against human being but animals are getting reported and the count is only increasing.

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Definition and Concept of Sale, Under Sale of Goods Act, 1930

The contract of sale of goods act is governed by the sales of goods act, 1930. The act extends to the whole of India except the state of Jammu and Kashmir. Till 1930, all the transactions were governed by the Indian Contract Act, 1872. In 1930, Sections 76-123 was replaced by the Sale of Goods Act, 1930. This act deals with the subject matter of movable property and not with immovable property.

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MEANING AND NATURE OF COMPANY UNDER COMPANIES ACT

The company legislation in India has run hand to hand with the company legislation in England. The first legislative sanction was passed in the year 1850 for registration of joint-stock companies as same as passed by English companies 1844. Thereafter in 1866, the companies act was passed for colligation and rectifying the law relating to incorporation, regulation and winding up of trading companies.

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INDIA’S CONFRONTATION TO CONTEMPORARY WARFARE

The human civilisation standing in the twenty-first century has witnessed numerous criminal misdemeanour in society from the time of its inception. It is often said that a single act of crime leaves an impression of grief and despair on the society for many days to come but the irony lies here wherein a country like India reports hundreds of crimes in a single day yet there hardly any effective reforms on the policies and working mechanism of the law enforcing agencies. It is quite unfortunate to mention out the fact that the penal philosophy of India has never stood as per the expectation of a safe society. 

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DOCTRINE OF SUSPENSION OF RENT

The disruption caused by Covid-19 is within everyone’s reach. Businesses in all sectors have been severely affected as a result of the varying versions of lockdown orders issued from time to time by central and state governments. Since all businesses continue to strive to conserve cash and reduce costs, one of the main payments that all businesses are actively trying to avoid or minimize exposure to is rental payments. Two of the most obvious questions in this regard are:

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CHANDRA RAJKUMAR V. POLICE COMMISSIONER HYDERABAD & IT’S IMPACT ON THE INDIAN SOCIETY

A Public Interest Litigation case known as Chandra Rajkumari v. Commissioner of Police Hyderabad was instituted by a group of women organizations to condemn and oppose the proposed holding of a beauty competition ‘Miss Andhra Personality’ by one such woman organization. The petitioners were the following women associations – A. P. Mahila Samakhya, All India Mahila Samskrithika Sangam (AIMSS), Progressive Organization for Women (POW), and one Maharaja Sir Kishen Pershad Foundation. The government of Andhra Pradesh, Police Commissioner and Prerana Women Organization constituted the respondents.

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SHOULD THE RIGHT OF A CONCEIVED RAPE SURVIVOR OUTWEIGH THE RIGHT OF AN UNBORN CHILD?

Rights have always been a rhapsodic topic of debate. And it would not be an exaggeration to categorise “The Right to Life and Personal Liberty” as the most exhilarating right. This particular right does not have a parochial outlook but a progressive outfit. It becomes a herculean task for an individual to delineate the boundary of the ‘Right to life’. If simply demarcating its ambit is such onerous, one cannot even imagine how cumbersome it would be to compare between the right to life and personal liberty of two different individuals. In this paper, we would try to strain every nerve and sinew to make a fruitful comparison between the rights of two inextricably linked individuals: – a conceived rape survivor and an unborn child. 

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INSENSITIVE JOURNALISM: A LEGAL PERSPECTIVE

The basic goal of journalism is to serve the individuals with the news and data on public matters in a reasonable, precise, impartial, modest way and language. Media has the power to ensure that the issues and grievances of the different sections of the society are reached to the government.  The tragic news of the demise of Bollywood actor, Sushant Singh Rajput was trailed by a commotion for the lamentable way the news was communicated by different conventional news channels of the nation. It shows the inhumane desire for constant media coverage in degrading ways only for TRPs. The unexpected loss of a young brilliant actor was not desensitizing enough; Indian media aggravated it with their harsh inclusion of the matter. A father who had quite recently lost his young child had a mic pushed into his face. Pictures of Sushant’s body were shared alongside realistic subtleties of how he took his life without even blurring his face. This shows how Indian media demonstrated its lack of ability to find ways only for TRP.

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Self-Reliant India: A Road Ahead By Reframing the Foreign Investment Policy

The present context of the Indian market is such that most of the foreign companies want to invest in India. The “Make in India” scheme has also invited many foreign investors on this land. Moreover, during this global pandemic of Covid-19 many industries are moving out of China and want to come to India for setting up their companies but the investment in India is governed by some laws which cannot be overlooked and have to be kept in compliance while investing in the Indian market. The amendment is done under Section 46 of the Foreign Exchange Management Act, 1999[1] which legally empowers the central government to make rules by public notification related to foreign investment. So the act of the government to channelise the foreign investment policy is legally valid and has been done in the wake of giving opportunities to the domestic entrepreneurs of the nation.

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REJOINDER, NON-JOINDER AND MISJOINDER IN A CIVIL SUIT

It is always essential to have at least two parties in a civil suit, where one is the party who has filed the suit and the other is the opposing party against whom the suit has been filed. All the parties whose name is there in the suit do not mean that they are needed one and they may be the non-necessary party, so as to know the concept of joinder, non-joinder and misjoinder, first we need to know the concept related to necessary and non-necessary parties.

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THE STATE V. SUSHIL SHARMA (Case Comment)

This Article seeks to engage in an analysis of the case The State v. Sushil Sharma popularly known as the ‘Tandoor Murder Case’. The paper will discuss the series of events (facts) that led to the murder and the rules applied in the case. The analysis part of the paper is divided into three parts: Part I discusses how the Sessions and High Court convicted the appellant with a death sentence, Part II gives a perspective as to how the judgement was given by the court relying only on circumstantial evidence and Part III looks into how the Supreme Court turned death sentence to life imprisonment.  This heinous crime still remains one of the most horrific and dreadful cases in the criminal justice system.

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RIGHT TO HEALTH IN THE CORONA TIMES

After having established that the Right to Health is a fundamental right under Article 21 of the Constitution of India, the efficacy of the right is still questioned in the times of the pandemic. This Article shall consider balancing the Right to Dignity with Right to Health in the ‘Corona times’ by analysing the cost of the COVID tests in India in comparison to other countries. 

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STATE OF MEGHALAYA V. ALL DIMASA STUDENTS UNION & ORS.

The significant Judgment by the Honorable Supreme Court of India has spurred up the talks on the illegal rat-hole mines in the country. The case that happened in the hills of Meghalaya’s East Jaintia were, fifteen miners encroached into a flooded coal mine which had become the most significant human tragedy of the illegal rat-hole mining that continues under the very nose of the authorities[1]. The rat-hole mining means, the miners are involved in the digging of narrow and barely three to four high tunnels for the workers to pass through it, to extract the coal which earns a high profit. Water from the river flooded the mine, only five miners were able to climb the mine, rest all were trapped heavily criticised officials for being sluggish in mounting an effective rescue operation.

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A SILENT DEATH OF RULE OF LAW: ENCOUNTER KILLINGS

If you believe in right to life, then you must also believe in the right to have the means to defend that life.” – Charley Reese
Out of all the rights available to humans, the right to life is understood as the most supreme one. This is because of the reason that if there is no life, then the enjoyment of other rights available becomes all but, nullified and crucified. The Indian Constitution collated with a plethora of the Supreme court judgments delivered over the past 70 years, have predominantly held the right to have a life- the most inevitable of all. This right is considered as one of the most significant units of the Golden Triangle Doctrine[1], which further highlights the sensitivity of the Indian Courts towards the cardinal human rights’ principles. The duty for protecting these rights is handed over to the executive organ of the government and in common parlance, the police force of a nation is responsible for maintaining equilibrium between the human rights and law and order. Lately, the incidents of fake encounters or revenge encounters have brought the legal vacuum in this specific area of governance, to the fore. It thus becomes pertinent to understand the ailing components of this legal sphere, in much greater detail. 

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JUDICIAL CONFESSION AND ITS RELEVANCY

The principle of confession is one of the vital elements in law and only applicable in the criminal cases, and not in civil cases. The provision regarding confession finds its presence in various acts like the Indian Evidence Act, 1872 (hereinafter IEA), CrPC, 1973, NDPS, etc. In legal phraseology, confession means acceptance of guilt by the accused. The substantive provision regarding confession has been laid down in IEA, but the Act doesn’t define the term “confession”, it only successfully differentiates between the two-term confession and admission. Confession has first been used in section 24, and subsequently in s.24-30. While the sections relevant for the admission are given between 17-31 of the Act. Hence, it follows that all admissions aren’t a confession, but all confessions are admission. 

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The COVID -19 Pandemic- “A Human Tragedy”

The situation brought to life by this organism called SARS-COV2 saw the lives of the Homo – Sapiens around the globe coming to a standstill, the places which for other times have been manned by thousands and thousands of people a day suddenly witnessed the quietest and the unusual tranquillity hauling its grounds all at once. With countries across the Globe reacting to this pandemic with Lockdowns, in the wake of the scientists all over the world still working on making the Virus’ antidote, it soon explicated to the people at large that this isn’t just a  Health Crisis.

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Grant of Bail in the age of COVID-19: A Dilemma

The spread of COVID-19 (coronavirus disease 2019) pandemic across nations is an unrivalled situation in recent times and is one of the greatest challenges that we have faced since World War II. It is threatening the lives of people across the world. The only way to restrict its spread and alleviate the imposition of the impact of worldwide lockdown is to have a vaccine. Numerous measures are been taken such as testing people at large scales, tracing travel histories and restricting travel, quarantining citizens and restriction on large gatherings. So there arises a question about overcrowding of jails following the outbreak of the virus as India ranks number fifth in the world prison population. Therefore, releasing prisoners by granting them bail in order to decongest prisons in light of COVID-19 pandemic important or not?

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Kidnapping and Abduction: Under Indian Penal Code

Kidnapping literally means ‘child stealing’. For the understanding of laymen, it is defined as compelling/taking or enticing someone from the lawful custody from his/her guardian is said to commit the offence of kidnapping.Section 359 of IPC, provides that, Kidnapping is of two kinds; (i) Kidnapping From India and (ii) Kidnapping from Lawful Guardianship[1].But sometimes in certain cases, two forms of kidnapping overlap each other like a minor kidnapped from India may well at the same time be kidnapped from his lawful guardianship.

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A Letter To The People of India

Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus.Most people infected with the COVID-19 virus will experience mild to moderate respiratory illness and recover without requiring special treatment.  Older people and those with underlying medical problems like cardiovascular disease, diabetes, chronic respiratory disease, and cancer are more likely to develop serious illness.

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Criminal Misappropriation & Criminal Breach of Trust

Criminal misappropriation and criminal breach of trust mentioned in chapter XVIIth of Indian Penal Code, the title under offences against Property. Section 403 & Section 405 of the Indian penal code, 1860 deals with Criminal Misappropriation of Property, Criminal breach of trust respectively. Section 403 of the Indian penal code deals with criminal misappropriation and prescribes the penalization for the offence. Also, Section 405 & 406 of the Indian penal code deals criminal breach of trust and ascribe punishment for the same in the respective section.

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An Introduction to “Law of Torts”

Originally, there was no distinction between various wrongs and there was no compartmentalization like crime, tort or breach of contract. Earlier, the only remedy available for the wrongs committed were punishments like putting the offender in jail. So, a need was felt to differentiate between more serious and less serious wrongs committed. Hence, emerged the concept of ‘Law of Torts.’ A tort is a civil wrong. This is basically a breach of a duty imposed by law, which gives rise to a civil right of action for a remedy not exclusive to any other area of law.

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Right To Equality: “Permits Classification But Prohibits Class Legislation”

Every citizen of India has some right acquired inherently by birth, fundamental rights are those right which is provided to the citizens of India inherently by birth and some of the rights also available to alien as well, it is deemed essential to protect the freedom and liberties of the subject form the encroachment of power delegated by them to their Government. One of the Rights covered under Fundamental Rights is Right to Equality, it provides that the State shall not deny any person equality before the law and equal protection of the law within the territory of India. Protection Prohibits discrimination on the ground of race, caste, religion, sex or place of birth.

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Dowry Death Section 304B: Detailed Overview

In India marriage is considered to be a sacrament relation between the two-person. When the woman enters into a union, she has some expectation with the new bonds and perhaps wanted to be the same comfort, love and caring as she received in her own house. However, the one custom which persists to degrade the sanctity of marriage is dowry. The demand born out by the in-laws, husband and his relatives created so much mental pressure on the wife, her family, that for them only two options are left either to fulfil that demand or to just bear the harassment reluctantly and pacify the situation. soon the life of the wife becomes miserable and pathetic and this will lead to an insidious state resulting in dowry death.

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BOIS LOCKER ROOM

The ongoing COVID-19 episode is an image of how delicate and erratic our lives can be in an irregular situation. The virus which has changed the manner by which the majority of us live, work or plays out our fundamental everyday capacities is proceeding to expand its grip at a disturbing rate with the effect being felt at different levels like on economic slowdown, hitch the legal system business disruption, trade hindrances, travel obstructions, public seclusion and so on. there are several other serious issues which are coming on our way and yes they cannot be neglected. One of them has been viral on social media with a hashtag Bois locker room.

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Marriage: Under Muslim Law

According to Muslim law, Marriage/Nikah is a contract signifies a permanent relationship, based on mutual consent of the parties, and to undertake the followings Rights and Duties arising out of the contract.Marriage is the matrimonial relation or wedlock which permits the sexual activities between the male and the female, having an objective for the procreation of the child, family and satisfying other basic desire of human for the welfare of the society. These objectives are considered to be fundamental entities for the development of the human race.Like other religions in India, Islam is a strong advocate of marriage, the only way to indulge in sexual intercourse between a woman and a man is through marriage. It is said that there is no celibacy in Islam.

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