ADV ANUPAM KUMAR MISHRA

  Cyber Crimes against Women - Instances, Inconsistencies in Law and Remedies Proposed ABSTRACT The digital age is advancing at a livid pace. It is a rare sight nowadays to see anyone without carrying a mobile phone or using any such electronic device almost on a daily basis. However, it is a matter of growing concern that the cyber space is becoming a particularly desolate and venomous area for a large number of users, more particularly women. It is, thus, most ironic that the digital domain, considered to the most secure and theft-proof depository of confidential information has been targeted by, violated and compromised by perverse elements more than any other medium. In this paper, I tend to scrutinize the various methods through which cyber criminals operate with a particular objective to outrage, demean and libel the modesty of women, and/or, try to infiltrate their financially or socially confidential credentials. Furthermore, I would try to elucidate a handful of measures t...

 CHARTER OF 1833 NAME-ARVIND S COLLEGE-SCHOOL OF EXCELLENCE IN LAW, CHENNAI UNIVERSITY-THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY DATE-3 RD JULY 2022 The charter Act of 1833 played a vital role in the consolidation and codification of Indian laws. Factors for the enactment of this Act: 1. The company acquired many territories in India. The need for a strong Central Government was felt for the effective administration of such vast empire. 2. There was no uniform law. Each Presidency Town formed their own legislations and laws. So need for an All India Legislature to make laws and a regulation for the territories under the control of the company was felt necessary. 3. Lord Macaulay, the Secretary to the Board of control directed the attention of the Parliament to various vices in the process of Indian Government. So parliament advocated immediate transfer power to the crown. But as Macaulay insisted on reforming the defects, as no time to think about transfer of power. So, with the ob...

 MINTO-MORLEY REFORMS 1909 NAME-ARVIND S COLLEGE-SCHOOL OF EXCELLENCE IN LAW, CHENNAI UNIVERSITY-THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY DATE-3 RD JULY 2022 The Indian Councils Act 1892, failed to satisfy the Indian people. It left little scope for the popular representation in the Councils. The political situation in India led the British authorities to think of introducing constitutional reforms with a view to secure the support of moderates in the Indian National Congress. Mr. Gopal Krishna Gokhale, the chief leader of the moderate section in the Congress went to England met the Secretary of State for India, Lord John Morley and tried to convince him of the urgency of the constitutional reforms. Lord Morley was sympathetic to the views of Gokhale. Lord Minto, the Viceroy of India, was also in favor of introducing Constitutional reforms. The Committee appointed by Lord Minto, submitted its report in October 1906. A Bill was prepared on this basis of that report. In 1909, the Br...

 Dowry Prohibition Act, 1961 Name: Apoorva Sinha College: Amity University Chhattisgarh Dowry Prohibition Act, Indian law, enacted on May 1, 1961, intended to prevent the giving or receiving of a dowry. Under the Dowry Prohibition Act, dowry includes property, goods, or money given by either party to the marriage, by the parents of either party, or by anyone else in connection with the marriage. The Dowry Prohibition Act applies to persons of all religions in India. The original text of the Dowry Prohibition Act was widely judged to be ineffective in curbing the practice of dowry. Moreover, specific forms of violence against women continued to be linked to a failure to meet dowry demands. As a result, the legislation underwent subsequent amendment. In 1984, for example, it was changed to specify that presents given to a bride or a groom at the time of a wedding are allowed. The law required, however, that a list be maintained describing each gift, its value, the identity of the per...

 Standard of Care – Bailee’s Duties under Indian Contract Act, 1872 Standard of Care Standard of diligence required is that of average prudent person in respect of their own goods of the same bulk and value in similar circumstances; even in cases she has contracted herself out of her own negligence, bailee has still to show that she took as much care as an person of ordinary prudence. ( also depends on cases by cases basis and quality and type of goods). Other Duties Bailee must take reasonable care of goods even after the expiry of bailment period. If bailee doesn’t want to keep the goods any longer, and wants the bailor to collect them within a specified time, or wants to dispose the goods off, the bailee must send a notice to the bailor. Bailee cannot escape liability. Liability for Negligence of Servants A bailee’s liability extends to damage caused by the negligence of his servants acting in the course of their employment about the use or custody of the thing bailed; of their ...

 Creation of Agency- Indian Contract Act, 1872 Creation of Agency - By express appointment - By conduct or situation of the parties - By necessity of the case; or - By subsequent ratification of an unauthorised act Express Appointment Any person competent to contract may appoint agent. Such appointment be expressed in oral or writing. In Indian law, definition of S 182, is much wider. Does not limit agent to only one principal. It will include employment by any authority authorised to make that employment. Agent can have multiple Principals. Where appointment is made by a deed, it is called power of attorney. Syed Abdul Khader v Rami Reddy AIR 1979 SC 553 A person was authorised by power of attorney to be the caretaker of three agricultural lands by their respective owner (principals). Argument three principals can appoint one agent by single power of attorney. Held : Co principals may jointly appoint an agent to act for them and in such case become jointly liable to her and may jo...

 Judicial activism Now days we all aware of this term very often by news paper or by media or news paper . The SC and various high courts has played an active role by protecting the individual’s fundamental rights against the State’s unjust and excess action through judicial activism . The term “Judicial Activism” refers the court’s decision, based on the judges personal wisdom that do not go rigidly within the text of the statutory passed by the legislature and the use of judicial power broadly to provide remedies to the wide range of social wrongs for ensuring proper justice. The judiciary performs an active role to uphold constitutional values and ethics under the constitutional pattern. Judiciary applies its creativity to fill the gap between the positive and normative aspects of legislations. For this reason the judicial activism has emerged . It allow judges to adjudicate in favour of progressive and new social policies helping in social engineering. As the Failure of Legisla...