Under the Criminal Procedure Code (hereinafter the Code) wide powers have been conferred on an Executive Magistrate to deal with emergent situations. One such provision deals with the Magistrates powers to impose restrictions on the personal liberties of individuals, whether in a specific locality or in a town itself, where the situation has the potential…
View detailsThe law governing prisoners’ rights has evolved throughout time. There is no comprehensive legislation that addresses prisoners’ rights and governs their behaviour while incarcerated. The country’s judiciary, on the other hand, has repeatedly accorded proper recognition to the criminals and their fundamental rights. In the absence of comprehensive law, it has succeeded in establishing precedents…
View detailsPros of the I.T. Act, 2000: Before the enactment of the I.T. Act, 2000, the usual means of communication such as emails and texts were not considered as a legal form of communication and due to this, they were not admissible as evidence in a court of law. But after the enactment of I.T. Act,…
View detailsThe concept of protection of rights of the consumers is not new; rather it is a practice that has been present in the society and various countries in one form or the other historically. The Old Testament mentions a form of consumer protection, and so does the Code of Hammurabi, but only in a mercantile…
View detailsMeaning: The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates…
View detailsIn The Information Technology Act, 2008 The IT Act of 2008 does not directly deal with the offence of stalking. Section 72 of the Act is used to deal with the offence of stalking which reads as follows: Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations…
View detailsProprietorship is a popular type of unregistered business entity owned, managed, and controlled by one person. Most of the micro and small businesses operating in the unorganized sectors prefer registering a Proprietorship. What is Sole Proprietorship in India? Sole Proprietorship is simple to start and has very few regulatory compliance requirements for conducting the operation.…
View detailsAccording to Sir John Salmond, “The law of procedure (also called as the procedural law) may be defined as that branch of the law which governs the process of litigation”. It is the law of actions and includes all legal proceedings whether civil or criminal. All the residue is substantive law. It relates not to…
View detailsPersonally, I believe comedy is excellent medicine. No! Stop laughing! I’m serious, and I’ll explain. A few days ago, when our ancestors had to make a mad dash to safety from the Saber Tooth Tiger, it was the hormone Cortisol, that immediately prepared the human body for a “fight or flight” response.” And, as soon…
View detailsThe maxim “Nemo dat quod non habet” define as No one can give what he himself has not got that means when the seller sell his own property or he/she themselves the owner of the property or the goods he always conveys a good title in the goods to the buyer but in the case…
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