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  • Why No Death Or Life Term For Corruption?

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Why No Death Or Life Term For Corruption?

Courtesy/By: SANJEEV SIROHI  |  19 Feb 2018     Views:1578

It is most shocking to see that inspite of so many scams being unearthed one after the other and all parties repeatedly asserting their firm determination to fight against it with full courage yet no effort has been made of any kind since the last more than 70 years to insert mandatory death or life term for corruption which has been ruining our nation beyond repair! The latest PNB scam involving diamond merchant Nirav Modi in which more than Rs 11,400 crore have been siphoned off only demonstrates that to what extent corruption has permeated deep inside our society. It took place with the full complicity of several top bank officials.

                                   Earlier also we saw how Vijay Mallya made a complete mockery of our legal system and after siphoning off more than Rs 9000 crore escaped easily to England and has been enjoying life there since then! Now Centre has employed best lawyers after paying them heavily to fight the case in a protracted legal battle to bring him back! Why was he allowed to escape so easily?

                                 Why was he not arrested immediately after his involvement was noticed in siphoning off the Rs 9000 crore of money? Why are looters and corrupt allowed to so easily escape from India along with their entire family to stay in luxurious five star hotels abroad? Why no effort is made to stop them from fleeing India? Does this not indicate complicity of the worst order in which politicians play the key role especially those holding key positions in the Centre?  

                                            Why no change has been effected in our corruption laws which actually encourage corruption by displaying extraordinary softness in dealing with them? Why all parties are firmly united that as long as democracy exists in India there will be no changes made in our corruption laws? Should we be proud of it?

                                         It is most shocking and most hurting to see that this so-called Prevention of Corruption Act, 1988 displays so much of extraordinary, senseless and unwarranted leniency in sentencing towards those corrupt who siphon off crores and crores of rupees and yet are not punished with mandatory death sentence. As if this is not enough, those corrupt are not even punished with mandatory life term! As if still this is not enough, those corrupt are not even punishable with mandatory thirty or forty years!

                                       Even now this is not enough! Those corrupt are not even punishable with mandatory twenty or twenty five years! Even now this is not enough! Those corrupt are not even punishable with mandatory fourteen years!

                                         The leniency saga still does not end! Those corrupt who commit for the first time any corrupt act are not punishable even with mandatory ten years! They can be punishable maximum up to seven years as specified in Section 12 which covers Section 7 and Section 11! Here also the Judge has the discretion bomb to use anytime where he can prefer to give him not seven years in jail but to a term of not less than three years as is the statutory requirement as provided in Section 7! Section 11 is even more lenient and under it the maximum punishment that can be awarded to a public servant for obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant is just five years and as if this is not enough the minimum can be reduced up to six months again by the Judge using the “discretion bomb”!

                                       It is only when a person habitually commits an offence under Sections 8, 9 and 12 that a person can be convicted up to 10 years in jail along with fine but here again the Judge by using the same “discretion bomb” can again reduce the jail term to not less than five years! As if this is not enough, Section 13 which punishes a public servant for indulging in criminal misconduct again makes sure that “discretion bomb” is available with Judge and punishment  maximum can be awarded only up to ten years but minimum can be reduced up to four years! What is this?

                                 Should it be called “The Prevention of Corruption Act” or should it be called “The Abetment of Corruption Act”?  I really fail to understand that why so much of leniency in sentencing corrupt is displayed in this so called “The Prevention of Corruption Act”! It makes a complete mockery of our country! Time and again we see how valuable lives are lost by either building collapsing or fire in a building and no safety norms being followed but just because the palms of few corrupt public officials are greased properly, no action is taken on the ground against those who violate laws with impunity! Even if they get caught, still they escape with just few years punishment after being directly responsible for the killing of many innocent people! How can this be termed as fair? How can  this be allowed to continue?   

                                     Why under Section 19 of this Act has previous sanction been made mandatory for prosecution? Why should the accused be given the benefit to be out in the open for a long period till the time sanction is given? Will the accused not use the extended time to manipulate evidence in his own favour and destroy evidence that incriminates him strongly in any scam? Why should those public servant accused of corruption not be immediately taken to task?

                                    How can corruption be ever prevented by treating corrupt so leniently?  We all saw how Lalu Yadav was jailed for just 3.5 years for his role in the fodder scam! He has the option now to appeal in the High Court and then in the Supreme Court. It take many years for the court to be decided at the lower level. This scam happened about 20 years back and decision is coming now! Now it will be fought in higher courts! Then many years get consumed in the higher courts! Finally by the time the case is decided completely in Supreme Court by that time the accused will either die a natural death or by that time would have spent his prime years enjoying life!

                                           All this has to end if India is really serious to control corruption. Only death or life or minimum 20 years in prison must be awarded to all those who indulge in corrupt practice of any kind! What the law currently prescribes is just nothing! It must be enhanced drastically if India really wants to march ahead!

                                      There is no other Act in our country of which I am so ashamed! It is this “The Prevention of Corruption Act, 1988” which really makes me hang my head in shame! What was the intention of the lawmakers when they enacted this Act? Didn’t they realize that it will simply fail to deter potential offenders from indulging in it because of so much of leniency? Didn’t they realize that it will further encourage potential offenders to make tones and tones of money and even if they are caught they will come out in jail in just few years and would be required to pay a sum of just few lakhs as we see repeatedly in various judgments as we saw in Lalu’s case also!

                                        It is precisely because of this that corruption is increasing manifold in our country since last few decades and we are steadily rising high in the corruption index! Even smaller and lesser developed countries rank better than us! What is most worst is that no party ever demands the radical changes that are so badly needed in this so called “The Prevention of Corruption Act, 1988”! Can on earth there be anything more shameful than this?    

                                   I feel very happy when I time and again hear our PM Narendra Modi reiterating his government’s firm resolve in fighting corruption! But when will this translate into action? When will Centre step on the gas to initiate tremendous changes in this ‘The Prevention of Corruption Act, 1988’ by which any public servant indulging in corruption would have to either face gallows or at least life imprisonment or at least 20 years in prison?

                                        It is all up to the Centre to take the bull by the horns and initiate radical changes so that corruption can be brought under firm check in our country! Let us hope that Centre acts soon in this regard! The earlier this is done, the better it shall be in controlling corruption and in the so called “war against corruption” proclaimed by PM Modi before riding to power in 2014 in Centre!

                                       But if Centre itself wants the status quo to continue then we shall certainly see no changes forthcoming in this badly drafted “The Prevention of Corruption Act”! For repeated offenders the punishment must be either death or life term! The ball is in Centre’s court!

                                         Centre must now display political will to make radical changes in this Act which is continuing in more or less the same form in which it was enacted 30 years back! Centre must stop coughing lame excuses to not do anything in this regard! Why has Centre led by PM Narendra Modi not acted decisively on this front even after being in power for nearly 4 years? Does it not want that corruption which is hindering our country from progressing ahead in many ways be swiftly checkmated by taking the most strictest action against those who indulge in corruption?

                                         It must act strongly if it really wants to stand vindicated in the eyes of the public of being really serious enough to wage war against corruption and of making sure that corrupt are not able to make a mockery of our law by coming out of the jail in just a few years time at the most! Corruption is worse than terrorism because without firing a single round of bullet and without getting training from any hostile country like Pakistan, the corrupt is able to kill many innocents by caring a damn for the quality of material used in constructing roads, highways, food etc and mint thousands of crores of rupees and still escape with just a few years in jail and a few lakh as fine as compared to a terrorist who is shot dead by our security forces sooner or later! Thanks to this ‘The Prevention of Corruption Act, 1988’!

                                     Still even after 30 years of being enacted we see no major changes being made in it except some cosmetic changes! What does this imply? That all parties want status quo to continue!

                                    All said and done, no political party wants that corruption should be ever checked to any extent in our country no matter how much public posturing they may do on this! This alone explains that why we see no changes being made in our corruption laws which displays unwarranted leniency which only encourages corrupt to further commit corruption because even the repeater offender is punishable under the Prevention of Corruption Act, 1988 with just 10 years in prison ! Most ridiculous and depressing! Not surprising that we figure among the most corrupt countries in the world! Yet no attempt is made of any kind to address it once and for all by making the necessary changes in our corruption laws and making it mandatory to punish those indulging in corruption with either death or life term!  How shameful!


Courtesy/By: SANJEEV SIROHI  |  19 Feb 2018     Views:1578

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Study of Lakes to be Conducted by NEERI...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1931
Madras HC corrects the computation error of Motor ...
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Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1774
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1713
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1785
Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
03 Aug 2019     Views:1412
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:2071
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1818
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2079
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1611
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1467
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1498
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5765
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2326
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1522
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1561
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1778
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1477
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:1508
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1431
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1798
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1949
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1447
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:1577
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1335
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:2029
Centre Must Now Immediately Order Creation Of HC B...
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02 Jul 2019     Views:1582
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:2428
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2753
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:2738
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:2875
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1371
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1679
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4961
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2747
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1897
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:2232
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:5728
Why Should UP Have Least High Court Benches In Ind...
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Successive Bail Applications Should Be Placed Befo...
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“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:1531
Is The Criticism Of In-House Procedure Justified?...
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20 May 2019     Views:1460
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:1395
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:3536
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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P&H HC Directs Protection Of Honest Officers While...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:2611
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:3136
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2867
Punjab & Haryana HC Issues Slew Of Directions To C...
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1659
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3236
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2548
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3226
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2465
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2712
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2787
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2058
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2177
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:2225
Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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26 Nov 2018     Views:2435
SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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SC Issues Directions On Examination Of Witnesses I...
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Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3822
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Court Must Not Go Deep Into The Matter While Consi...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2284
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3131
People Without A Degree Performing Surgeries: Utta...
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MP HC To Debar Members/Office Bearers Of Bar Counc...
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Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
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Victims Of Crime Can Seek Cancellation Of Bail: MP...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2161
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2123
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2438
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2403
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1904
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1997
Enact Law For Safety Of Soldiers Of Jammu And Kash...
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SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3243
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3235
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3086
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2356
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1695
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1643
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2197
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2174
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2710
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
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Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:2313
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1838
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1590
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1751
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:3538
SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:1519
Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:1768
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1664
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1793
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1578
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1659
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2132
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1687
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1608
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2991
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1580
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1584
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
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Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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2G Scam : The 2G Scam and much more...
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