COMPLAINT UNDER CONSUMER PROTECTION ACT PART-2

What a complaint must contain­: This question has been answered in the Consumer Protection Act, 1986 under Sec. 2(1)(c), which states that: “A complaint must contain any of the following allegations”: An unfair trade practice or a restrictive trade prac­tice has been adopted by any traderThe goods bought by him or agreed to be bought...

Information Technology Act, 2000

In India, cyber laws are contained in the Information Technology Act, 2000. The main object of this Act is to provide legal recognition to e-commerce and electronic formats and to facilitate the filing of electronic records with the Government. This legislation lays down rules and regulations related to cybercrime, electronic information and formats, electronic authentication...

Pros and cons of the Information technology act, 2000

Pros 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,...

Consumer protection Act

The 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...

INDIAN PERSPECTIVE OF CYBER-HARASSMENT PART-2

In 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...

Indian perspective of cyber-harassment Part-1

What is cyber-harassment? Cyber-harassment, or cyber-bullying, can include things like: Checking your email without permissionImpersonating you or hacking into your online accountsSpreading rumours about you, orSharing photos or videos of you without your consent. Cyber-harassment is not just about being teased – it’s repeated behaviour that is designed to humiliate, control or scare the person...

Complaint under Consumer Protection Act Part-1

Under the Consumer Protection Act, 1986, the term “complaint” has been defined under Sec. 2(1) (c) as: “An allegation made in writing by a complainant that- an unfair trade practice or a restrictive trade practice has been adopted by 6 [any trader or service providerthe goods bought by him or agreed to be bought by...

How to Lodge A Complaint Under Information Technology Act, 2000

The Information Technology Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, any police officer, not below the rank of a Deputy Superintendent of Police, or any other officer of the Central Government or a State Government authorised by the Central Government in this behalf may enter any public place and...

Challenges of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Administrative Apathy Implementation of the act remains the biggest challenge as acts related to the environment are not entirely compliant with the law, illegal encroachments have happened as much as that claims have been unfairly rejected. As tribals are not a big vote bank in most states, governments find it convenient to subvert FRA or...

Rights and procedure under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Title rights It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares. Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted. Use rights The rights of the dwellers extend...

Procedure for Settlement of Rights Under The Indian Forest Act, 1927

The Act was mainly incorporated to differentiate the types of forests, protecting their use and to regulating the forest produce. The Act defines how a forest or a waste land becomes a reserved or protected forest. The procedure requires the Forest Settlement Officer(FSO) to consider the claims made by the local inhabitants regarding the usage...

Pros and cons of judicial activism

Pros & Cons Of Judicial Activism: Judicial Activism in simple words means when judges interrupt their own personal feelings into a conviction or sentence, instead of upholding the existing laws. For some reason, every judicial case has a base of activism within it, so it is imperative to weigh the pros and cons to determine...

Introduction and features of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The law concerns the rights of...

Types of forests under The Indian Forest Act, 1927

The section 2 of the Act defines various terms that are essential in the domain of forests; starting from cattle inclusive of all the animals, the forest officer who is made in-charge by the State Government, the forest produce which includes timber, charcoal, wood-oil etc. It also has a separate interpretation of the river including...

Introduction of The Indian Forest Act, 1927

The word forest is derived from a Latin word “Foris” meaning outside. The forests act as the guardians and protectors of the wildlife of the any country. Its uses are many in terms of fertility, shelter to animals as well as tribal population to mention a some of them which helps to maintain the ecological...

Article 19: The Grounds on Which This Freedom Could Be Restricted

Clause (2) of Article 19 of the Indian constitution imposes certain restrictions on free speech under following heads: Security of the State: Reasonable restrictions can be imposed on the freedom of speech and expression, in the interest of the security of the State. The term security of state has to be distinguished from public order....

Culpable homicide (S.299 IPC) and Murder (S.300 IPC)

There is a thin line between culpable homicide and murder. The basic difference between the two offences lies in the gravity of the offence. Homicide is one of the most grievous act a person can commit as it is the highest order of bodily injury inflicted on a human being hence that’s why regulations regarding...

Article 19: Freedom of Speech And Expression Explained:

Over the years, judicial creativity, judicial wisdom and judicial craftsmanship have widened the scope of freedom of speech & expression by including in it the following aspects- Freedom of Press: Democracy can thrive through vigilant eye of Legislature but also care and guidance of public opinion and press par excellence. Freedom of speech include right...

Introduction and methods of judicial activism

The term “Judicial Activism” was first coined in 1947 by Arthur Schlesinger Jr., an American historian and educator. Judicial activism, an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional. It has been seen in India since the...

EXCEPTION TO SECTION 300 INDIAN PENAL CODE

GRAVE AND SUDDEN PROVOCATION There must be an instance of the grave and sudden provocation in order to take the plea of exception to Section 300. However, it has to be noted that this provocation should not be first initiated at the instance of the accused. In the case of K.M. Nanavati {K.M.Nanavati v. State...