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What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s

What Do You Mean By Trademark

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Meaning of Trademark:    A trademark means a mark capable of being represented graphically and may include a word,name,symbol,device,letters,signature,ticket,pictures,characters,sounds,smell etc. A trademark is a distinctive sign which identifies certain goods or services as those produced or Characteristics Of Trademark :  A good trademark should posses the following characteristics:-  It should be short.  It should appeal to the eye as well as the ear. It should satisfy the requirement of registration. It should not belong the class of marks prohibited for registration. It should be easy to pronounce,if the mark is a word. What Does A Trademark Do ? Trademark plays a vital role as it is a symbol that allows a purchase to identify goods or services that have been proved,satisfactory and not to buy goods or services that have not been satisfactory. Trademarks Serve Mainly Three Purpose:- Encourage the production of quality products. Reduce the cu

Benefits of Insurance in Economic Growth

There are so many benefits of insurance in economic growth this are as follows- 1) Promote financial stability : By indemnifying those who suffer or harm, insurance helps stabilize the financial situation of individuals, families and organisations. It encourages individuals and firms to invest and create wealth. Peace of mind and financial carelessness. 2) Substitutes for and complements Government security programmes :  Private insurance can relieve pressure on social insurance system, preserving Government resources for essential social security. Pension fund and life insurance. Natural disaster indemnity plan. 3) Facilities trade and commerce :  Many products and services and produced and sold only if adequate liability insurance is available to cover any claims for negligence. Malpractices. Innovation. Credit enhancement. 4) Help mobilize savings :  Insurance and financial intermediation. Insurance enhance financial system efficiency in three ways-

Features of A Company

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The principle characteristics of an incorporated company can be summarized as follows : Registration : A company comes into existence only after registration under the Companies Act. But a Statutory corporation is formed and commence business as notified or stated in the Act and as passed in the Legislature. In case of partnership, registration is not compulsory. Voluntary Association : A company is an association of many person on a voluntary basis. Therefore a company is formed by the choice and consent of the members. Legal personality : A shareholder of a company is regarded by law as a single person. It has a legal personality. This rule applies even in the case of "One-man Company." Contractual capacity : A shareholder of a company, in its individual capacity, cannot bind the company in any way. The shareholder of a company can enter into contract with the company and can be an employee of the company. Management : A company is managed by the Board of Directo

What do you mean by Charge and Charge Sheet

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Define Charge : Under section - 211 it is a precise formulation of allegation against the accused. It is a first notice to the prisoner of informing him about the allegation. It is made in a specific format. The object is to convey the accused about the allegation brought against him. Essential of Charge : There should be specific name of the offence with relevant details. Under section - 211(1) it should be written in the language of the court. As an example In Bengal, it is written Bengali or English language. The relevant Act or law with section should be mention. All the legal condition must be fulfilled. The word should be clear and specific there should not be any vagueness or confusing matter. Charge Sheet : There should be a specific prescribed format where all the matter of charge in details is called charge sheet. Supplementary Charge Sheet :  All the details including name of witness description in matter should be clearly mention. If there is

What is Cattle Insurance

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Cattle Insurance - Cattle insurance provides cover against death of animals like bulls, buffaloes, cows and heifers etc. within the geographical area specified in the policy arising from any disease, parturition or pregnant condition or accident(including fire and/or lighting) contracted or occurring after the commencement of the insurer's liability under the policy. The indemnity payable under the policy is the loss which the insured suffers by the death of the animal but not exceeding the sum insured by the policy. The following are some of the important exclusion - Surgical operation other than those required due to accident or disease occurring during the period of the cover castration. Malicious or willful injury or neglect, overloading, unskilful treatment or use of animal for purpose other than those stated the policy without the consent of the company in writing. Disease contracted prior to commencement of risk or within 15 days from the date of commencement of

Protection of Database in India

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The right to protection of personal data is a civil and Constitutional right. Article 21 of the Constitution of India provides for the rights to life and personal liberty, which includes the right to privacy. Data protection has emerged as an important reaction to the development of information technology. The growing use of internet can be witnessed in E-commerce. In order to protect the misuse of data and information, data protection laws become very important. Indian Government introduced the Personal Data Protection Bill, 2006 in Rajya Sabha on 8th December 2006 with an object to provide protection of personal data and information. The following laws were already there to regulate data privacy - 1) Indian Telegraph Act, 1885. 2) Credit Information Companies (Regulation Act, 2005) 3) The Indian Contract Act, 1872. 4) Special Relief Act, 1963. 5) Consumer Protection Act, 1986. 6)  Indian Copyright Act, 1957. 7) Indian Penal Code, 1860. Chapter ix and chapter xi of the I

Definition and Advantages of Life Insurance

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Definition of Life Insurance - Life insurance is insurance on the life of an individual. Life insurance is protection given to one person against the damage he may suffer through the death of another. 'Life insurance' is a contract of insurance whereby the insured agrees to pay certain sums, called premiums, at specified times, and in considerations thereof the insurer agrees to certain sum of money on certain conditions and specified way, upon happening of a particular event contingent upon the duration of human life. Under section 2(11) of the Insurance Act, 1938 provides that life insurance contract comprise any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life. Advantages of Life Insurance - 1) Life insurance encourages thrift in the individual and serves also to form capital. 2) Life insurance protects estate of the policy holder as distinguished from acquired estate. 3) I

Company Law Multiple Choice Question and Answer (MCQ)

1) What is known as a charter of a company?      a) Memorandum of Association(MOA).      b) Bye laws.      c) Article of Association(AOA).      d) Prospectus. 2) The minimum number of persons to form a private company is?      a) 7.      b) 2.      c) 3.      d) 4. 3) The liability of a shareholder in a company limited by share is       a) Unlimited.      b) Limited by guarantee.      c) limited to the unpaid value of share subscribed by him.      d) None of the above. 4) Share capital of a company means       a) Equity share capital.      b) Preference share capital.      c) Equity and preference share capital.      d) Equity and preference share capital and debentures. 5) Which section deals with remuneration of directors?      a) Section 200.      b) Section 307.      c) Section 305.      d) Section 197. 6) The Articles of Association can be altered by?      a) A resolution of the board of directors.      b) An ordinary resolution in general meet

Definition and Incorporation of a Company

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Definition of a Company - A company is an association of many person, who contribute money or money's worth to a common stock and employed it in some common trade or business and who share the profit or loss arising there from. The common stock contributed is denoted in  money and is the capital of the company. The person who contribute it or to whom it belongs are members. The proportion of capital, to which each member is entitled in his share. Share are always transferable. Although the right to transfer them is often more or less restricted. Incorporation of a Company - Incorporation or to incorporate a company is to get a company register by the due process of law and is considered as the Sine Quo Non. Advantages of Incorporation -  There are so many advantages of incorporation of a company this are as follows :- 1) Independent legal identity. 2) Limited Liability. 3) Perpetual Succession. 4) Transferability of shares. 5) Infinite membership

Cyber Crime

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MEANING OF CYBER CRIME-     Cyber crime means illegal use of computers and the internet.It is a crime committed using a computer and internet to steal a person's identity.cyber crimes deals any criminal act dealing with computers and networks called hacking.cuber crimes also includes traditional crimes conducted through the internet.For example,Hate crimes,Telemarketing  and internet fraud,Identity theft.                                                                                                                      CLASSIFICATION OF CYBER CRIME - Cyber crime may be broadly classified under the following three groups depending upon the target of  the crime.They are-                                                                   1) Against Individuals:                            a)Their person                             b)Their property                       2) Against Organization:                                a)Government                             b)Fir

Concept of F.I.R (First Information Report)

F.I.R stands for First Information Report.It is an official process by which the consern police station or officer is inform about a particular incident and to take an immediate step on it. First a written or oral complaint should be lodged. After that under section 154 of Cr.P.C a describe form is filled up. It should have the information about the incident. There may or may not be name of the suspectus in  F.I.R formate. At last it should be signed by the concerned incharge of the police station. It is mainly done in the matter of cognizable cases. A copy of F.I.R should be given to the complainant. An F.I.R should be lodged as early as possible after a particular incident. If the time of F.I.R is late than its important become less. That means there is a huge chance of fabrication or misleading the information. Object of F.I.R :-  1. It is an official information to police person about a particular crime. 2. It is not necessary always that there should be a substantive ev

Details Regarding Bail

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It is a special privilege to the accused by the criminal court of law. There may be several condition after an arrest or surrendering before the court. This bail can be granted by the concerned Judge Magistrate on satisfaction it is like a relief or freedom from the imprisonment. There are two kinds of bail this are   :-      i) Anticipatory Bail;   ii) Interim Bail; Under section 438 of Cr.P.C anticipatory bail may be granted by District Court, High Court or Supreme Court. It takes place before the arrest. If Court is satisfied than this advance process of bail is granted to the accused. There is a specific tie and date for bail process after that the accused can be arrested. But under section 439 of C.r.P.C this interim bail is granted after the process of arrest in cognizable matters police person like to  produce before the court. For example ACJM in the matter Durgapur Court. After that either bail may be granted or refused if it is refused than either police custody or jai

Our Government

The government of our country has three arms, or parts. One arm makes laws. It is called the legislature. The second arm runs runs the country according to these laws. This arm is called the executive. And the third arm makes sure that everything actually happens according to the law. This arm is called the judiciary. This is true of the State Governments as well. The Union Legislature :- To legislate means to make laws. The union legislature, or the law-making body for the whole country, is the parliament. It has two houses or parts - the Lok Sabha and Rajya Sabha. The president, whose signature is needed for all laws, is also a part of the legislature. The Lok Sabha The members of the Lok Sabha are elected by the people of the country during the general elections. Any Indian who is 18 or older can vote is these elections. The general elections are held every five years. For the elections, the country is divided into many areas called constituencies. The people of each co

Our Indian Constitution

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. The rules or laws according to which a country is governed form its Constitution. Having a Constitution is a way of making sure that those who govern a country do not do just what they please. Any decision they take must follow the Constitution. The Writing of Our Indian Constitution :- Just before we gained independence, the people elected a body called the Constituent Assembly, and gave in the task of discussing and deciding upon our Constitution. The Constituent Assembly them formed a committee was headed by Dr Bhimrao Ambedkar. It studied the constitutions of many countries and came up with one that would suit us. The Constitution prepared by the committee was discussed and approved by the Constituent Assembly. It finally became our Constitution on 26 January 1950. We say we adopted our Constitution on this day, which we call our Republic Day. A Few Things About Our Constitution :- Our Constitution is the longest written Constitution in the world. It expl

Aims and Objectives of the Information Technology Act, 2000

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Meaning of the word 'Information' :-  Dictionary meaning of the word 'information' is 'facts or knowledge provided or learned.' As per Section 2(V) of the Information Technology Act, 2000, 'information' includes data, message, text, images, sound, voice, codes, computer programmes, software and databases or microfilm or computer generated micro fiche.' Meaning of the term 'Information Technology' :- Dictionary meaning of the term 'Information Technology' is 'the study or use of systems such as computers and telecommunications for storing, retrieving and sending information.' Aims or objects of the Information Technology Act, 2000 :- The objectives of the Information Technology Act, 2000 are : 1. Provide legal recognition for transactions:-     a) Carried out by means of electronic data interchange; and      b) Other means of electronic communication, commonly referred to as 'electronic commerc

Procedure to File A PIL(Public Interest Litigation)

Procedure to File A PIL(Public Interest Litigation)- PILs can be files either in High Courts or the Supreme Courts of India. One needs to do intensive research before filing a PIL. If there should be an occurrence of filing a PIL concerning several people, it is important and the best course for the petitioner to consult all affected groups. When one choose to file a PIL, he must gather all relevant data and documents to back his case. One can argue in person or appoint an advocate to fight the case. If a person wants to file a PIL in a High Court he can file under Article 226 of the Indian Constitution and if any person wants to file a PIL in Supreme Court he can do it under Article 32 of Indian Constitution yet Article 226 is something recognized from Article 32 of Indian Constitution. Under Article 32 that individual can go to Supreme Court whose only fundamental rights are infringed. One can also approach Supreme Court for infringement of a constitutional right and

Distinction Between 'Volenti Non Fit Injuria' and 'Contributory Negligence'.

1. Volenti Non Fit Injuria affords a complete defence after passing of the law Reform (Contributory Negligence) Act, 1945. Contributory negligence is a partial defence. There is no power to the apportion the loss in cases of contributory negligence. 2. In Volenti Non Fit Injuria, a plaintiff can never be held to have been volens unless it is shown that he had full knowledge of the nature and extent of the risk. A plaintiff may be guilty of contributory negligence, if he did not know but ought to have know of the danger which confronted him. 3. In Volenti Non Fit Injuria, a plaintiff may be truly volense even when he is exercising the utmost care for his own safety. A plaintiff may be guilty of contributory negligence when he is careless for his own safety. 4. Volenti is not a defence to breach of statutory duty. Contributory negligence is a defence to breach of statutory duty. 5. In Volenti Non Fit Injuria the plaintiff knows the risk in the incident, whi

Meaning and Objective of The Wildlife (Protection), 1972

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As Wild Birds Animals Protection Act 1912 has become completely outmoded, the Wildlife (Protection) Act 1972 which is an "Act to provide protection of wild animals and birds and plants and for matters connected therewith or ancillary or incidental thereto" has been passed on request from states under Art. 252 of the Constitution of India as the wildlife being a state subject. This Act has been amended in 1982, 1986, 1991, 1993 and 2003. However, the forty-second Constitutional Amendment passed in 1976 transferred wildlife along with forest from the State List of the Constitution to the Concurrent List. The Wildlife (Protection) Act, 1972 contains 66 sections in seven chapter and 6 schedules. It extends to the whole of India except the State of Jammu and Kashmir. It shall come into force in a State or Union Territory to which it extends on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provision of t

Various Name of Computer Viruses

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According to the Computer Emergency Response Team (CERT) there are around 30,000 computer viruses in existence and nearly 300 new viruses are created each month. The most popular computer viruses are :- 1. Creeper Virus. 2. Elk Cloner. 3. Brain. 4. Trojan Horse(Aids Virus). 5. Klez Worm. 6. Macro Virus. 7. Melissa Virus. 8. Anna Kournikova Worm. 9. Companion Virus. 10. Spare Virus. 11. Codered, Nimda Virus/Concept Virus. Defence Against Virus (Anti Virus Software) :-  Many users install antivirus software that can detect and eliminate known viruses when the computer attempts to download or run the executable (which may be distributed as an email attachment, or on USB flash drives, for example). Some antivirus software blocks known malicious web sites that attempt to install malware. Antivirus software does not change the underlying capability of hosts to transmit viruses. Users must update their software regularly to patch security vulnerabilities (holes). Antivirus

Reduce, Reused, Recycle

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The phrase reduce, reused, recycle refers to the recommended sequence of activities for treating materials to make batter use of materials so that we create less damage to environment. In addition to the primary advantage to our environment, these 3Rs also provide other benefits, such as financial savings. These are also known as the environmental 3Rs. They are :- 1) Reducing :- Use less. 2) Reusing :- Use again. 3) Recycling :- Do again. First, when possible, reduced don't use resources you don't need. One of the easiest ways to do this is to stop using up thinks where you are't making use of them. For example, turn out lights when you don't need them. Don't run the water when you are not using it. This is the best option because you not only save resources by not using them. For example if you save water usage, you have also save the energy to purify and pump that water. Second, by reusing we also reduce the amount of new resources that will be use

Judicial Activism

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There are three organs of the Government this are Legislature, Executive and Judiciary. Judiciary always play a vital role in the matter of several social or any other critical issues. The activeness of judiciary creates confidence and as well as trust among the common people on over all system because there is a thought that the law is controlled by mostly influencial or rich people. Judicial activism is new line light of the present society. Constitutional obligation and as well as social responsibility are prime factor. So correct creativity vizilance and proper vision are extremely necessity. When there is a failure of Government administration or over all system then Learned Supreme Court or High Court make a cognizance of any serious matter (Suo Moto). It may be through the media reports or any other sources. It is like a safeguard. Several problems are checked by this judicial activism like, ban or prohibition of smoking in public places similarly protection against inh

Different Types of Marriages Under The Muslim Law

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Marriage under islamic law is known as 'Nikah' which means simple marriage. The different forms of marriage can be studied under the two sects of- Sunnis and Shias. According to the Sunni sect, marriages are generally of three forms this are :- 1) Valid (Sahih). 2) Void (Batil). 3) Irregular (Fasid). 1) Valid (Sahih) Marriage :- A valid marriage is one which conforms in all respects with the legal requirement, and there should be no prohibition affecting the parties. A valid marriage confers upon the wife the right to dower, maintenance and residence in her husband's house imposes on her the obligation to be faithful and obedient to him, to admit him to sexual intercourse and to observe the iddat. It creates between the parties prohibited degrees of relation and reciprocal rights of inheritance. When all the legal conditions are fulfilled the marriage is called Sahih marriage. Essential of a Valid marriage :- i) The parties must be competent to contract a val

Classification of Agreement

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Introduction - A meeting of mind with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligation, which the parties intend to exchange, a mutual assent to do or refrain from doing something, a contract.  An example of an agreement is the decision between two people to share the rent in an apartment. Agreement can be classified into three classes. This are :- 1) Agreement which create rights :- These may be contract, which create obligation in personam between the parties. A contract a legal tie of new personal right, which binds one party to other. Grants are agreement by which rights other than contractual rights are created.  Example :- Lease, Mortgage, Charge, Easement etc. 2) Agreements that transfer rights :-  They are called assignments. 3) Agreements that extinguish rights :- such agreement which surrender a right or release and obligation are called releases. Valid Agreement : - Valid agreement

Ecosystem

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Ecosystem Origin of the term Ecosystem :- Ecosystem is the basic functional unit in ecology. Eco part of the term refers to environment and system to its various components. Ecosystem is composed genes, organs, organisms, population and communities. Definition of Ecosystem :- Ecosystem is a structural and functional unit of biosphere of nature consisting of community of living beings and the physical environment both interacting and exchanging materials between them.  Basic Principles of an Ecosystem :- 1) All ecosystem consist of two major component biotic and abioti. 2) Ecosystem is a major structural and functional unit of ecology. 3) Its function is related to energy flow and material flow within the system. 4) The non living environment is an part of ecosystem. 5) The relative amount of energy needed to maintain an ecosystem depends on its structure. Example of Ecosystem :- A pond is an example of a small ecosystem. Kinds of Ecosystem :-

Definition and Duties of Subscriber

Definition of Subscriber :- Subscriber means a person in whose name the electronic signature certificate is issued. A subscriber is in a way a customer or a buyer. He is a customer with a difference as he usually pays for a service in advance. A subscriber has a approach the registration authority with a request to issue a digital signature certificate. He has to fill the prescribes application form for issue of digital signature certificate along with the necessary document. He has to enter into a certifying authority subscriber agreement. He has to prove the possession of private key corresponding to the public key for the generation of signing key pair. Then the registration authority forward the application to the license certifying authority after verification. Then the license certifying authority generate the digital signature certificate for the public key subscriber, then has to download the digital signature certificate from the website of the license certifying autho