ADV ANUPAM KUMAR MISHRA

  Motor Vehicle Act  The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989. Objective of the act is protect the innocent who travelling on the road and can get effected by the drivers, the drivers are not liable until this act was passed. Thus, under the motor vehicle act, there was a provision for compensation for these helpless people on the road. Under the Motor Vehicles Acts, no drivers can drive without registration under vehicle act first. Also, this registration certificate is valid from the ...

 ARTICLES RELATED CONSUMER PROTECTION ACT 1986. By:- Aindri jaiswal INTRODUCTION :- Various aspects are to be taken into consideration while calculating these ranks and one of them is satisfaction of the consumers, which depends upon the existence of the laws supporting them. In India, we have many consumer laws and one such law is the Consumer Protection Act of 1986 (COPRA). Objectives & Importance of the Act The Consumer Protection Act was implemented in order to provide better protection to the rights of the consumers. Prior to the implementation of this Act, there was no special act for protecting the consumers and the only remedy available to the consumers was under the Law of Torts i.e filing a civil suit for damages against the shopkeeper or the service provider. This act is based on the doctrine of Caveat Emptor which means that it is the responsibility of the buyer to identify the defects in the good.   There are various objectives which are sought to be ...

 CONCEPT OF PLEA BARGAINING By:- Aindri Jaiswal INTRODUCTION:- . Plea bargaining is a pretrial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop more serious charges. It is not available for all types of crime e.g. a person cannot claim plea bargaining after committing heinous crimes or for the crimes which are punishable with death or life imprisonment. Plea Bargaining in India Plea Bargaining is not an indigenous concept of Indian legal system. It is a part of the recent development of Indian Criminal Justice System (ICJS). It was inculcated in Indian Criminal Justice System after considering the burden of long-standing cases on the Judiciary.  Criminal Procedure Code and Plea Bargaining Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of...

  Can Doctrine of Part Performance be invoked to file a suit for possession? The objective of the study is to know the extent and scope of “any right” debarred, which was procured by the transferor in respect of the “property” and what kinds of property can be covered within this section and what is the meaning of “taken or continued in possession” of the property. The provision provides a statutory right to the transferee against any right of the transferor to defend his possession over the property, either taken possession or right in continuance of the possession, the scope of which is discussed in this PSDA. The Theory of Part Performance is an equitable doctrine that is included to avoid fraud and illicit advantage based on the document's non-registration. This doctrine is founded on the maxim, Equity looks at what is done rather than what should have been done. The doctrine basically states that the transferor or any person claiming under him is barred from enforcing against ...

  Right to Asylum and Citizenship : A Study of asylum cases during the India  A contemporary democracy's health and stability are determined not only by the fairness of its basic framework, but also by the traits and attitudes of its citizens. Democracy as a way of life is based on active consent and participation, but it is worth noting that citizenship is allocated based on passive criteria of belonging, such as birth on a piece of land, known as jus soli, and ethnic belonging to a group of people, known as jus sanguinis (Benhabib 1999). The advent of new kinds of identity and difference politics characterises the modern global scene. As globalisation and fragmentation have progressed, so has the clash between human rights and sovereignty claims. On the one hand, there is a rising global awareness of universal human rights concepts; on the other hand, particularistic identities of nationality, ethnicity, religion, race, and language, as well as a claim to sovereignty, are as...

 CRIMINAL CONSPIRACY (SECTION 120A, 120B of Indian Penal Code) Secret planning of committing a unlawful or harmful is called to conspire and criminal conspiracy is when two or more people agree to do something illegal act which has harmful or unlawful outcome, this labels to criminal conspiracy. Criminal conspiracy is defined under Chapter VA, Section 120A and Section 120B talks about the punishment of criminal conspiracy of Indian Penal Code,1860. Section 120A, defines criminal Conspiracy as an agreement of two or more persons to do or cause to be done- 1. An illegal act, or; 2. An act that is not illegal by illegal means. According to the proviso attached to Section 120A, there is no need to prove an overt conduct or illegal omission in order for there to be a criminal conspiracy—merely agreeing to commit an offence qualifies. Only where the conspiracy's goal is the performance of an illegal act that does not constitute a crime is such an overt action required. Whether th...

 Analysis of the medical termination of pregnancy law in India. Issues like abortion have always been controversial in a traditional thinking society like India. (Abortion is a very sensitive matter in which India was successful to make laws and regulations but the Indian government failed in its effective execution.) Before the enactment of the MTP Act, about 5 million terminations were carried out per year in India. To lay down the law government set up a committee under Mr. Shantilal Shah to propose certain draft laws. Thus Medical termination of pregnancy act 1971 was passed. Salient features of the Medical termination of pregnancy Act 1971 According to this act, a pregnancy may be terminated by a registered practitioner only. • Where the length of the pregnancy does not exceed 12 weeks the termination can be carried out based on one registered medical practitioner. • Where the length of pregnancy exceeds 12-20, then the opinion of two registered medical practitioners is requir...

 Child Custody Introduction one of the most vital matters that come up after receiving a divorce is the matter of child custody. It refers to the caring and maintenance of the child less than 18 years of age by the custodial parent. The term ‘child custody’ refers to the legal and practical relationship between a parent and his or her child. Definition Parent will have care, custody, and control of a child by the decision of the court. In some cases, the parents may share the custody of the child, but only one parent, or to both parents jointly may be given the actual physical custody of the child. Types of custody 1. Legal Custody 2. Physical Custody 3. Joint Physical Custody 4. Sole Custody Legal Provisions In India issues involving child custody and guardianship, The Guardians and Wards Act, 1890 is the universal law. However, India also sanctions laws pertaining to different religion. Hindu Law:  Section 26 of Hindu Marriage Act, 1995 states the Custody of Child.  Section 38 ...

 ONE NATION, ONE LAW: THE UCC CONTROVERSY INTRODUCTION On 28th March 2021, India woke up with the news of CJI Bobde inaugurating the new high court in Porvorim, Goa. He said, “I've had the great privilege of administering justice under Uniform Civil Code. It applies in marriage and succession, governing all Goans irrespective of religious affiliations. I have heard a lot of academics talk about the uniform civil code. I would request all those intellectuals to simply come here and watch the administration of justice to know what it turns out to be.” UCC: BRINGING ABOUT A SOCIAL REVOLUTION 1. Through Media There is a huge disparity between “what is” and “what is shown” to the public. Repeatedly, media has chosen to demonstrate that they will side with the majority community or support the anti-minority statements. It has also made a mockery out of the entire women’s right movement, treating it as a secondary topic or whenever feasible. Historically, it was the Hindus who pra...

 ROLE OF IPR IN ECONOMIC GROWTH INTRODUCTION By impacting the incentives to improve, Intellectual Property (IP) rights security may influence financial development critically. A significant inquiry for some nations is whether the stricter implementation of IP laws is a decent system for financial development. IP deals with any key improvement of human understanding, for instance, innovative, insightful, particular, or consistent turn of events. Licensed innovation Rights give real rights to the maker to check their creation. These authentic rights give a prohibitive right on the maker/maker or its chairman who uses it's his turn of events/thing for an obliged period. IPR impacts the monetary improvement of a country by propelling strong difficulties and enabling mechanical turn of events and money-related turn of events. The current review presents a brief portrayal of IPR with explicit emphases. According to Art. 2 of the WIPO (World Intellectual Property Organization)– Ce...