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 By - Saumya Singh Course - B.B.A. LL.B. (Hons.) Year - 3 & Semester - 6 College - JEMTEC School of Law (JIMS), Greater Noida affiliated to GGSIPU, Delhi Designation - Legal Intern at Lexis and Company (Module 4 VIP Advance) Task Day 15 - An overview on Article 22 of the Constitution of India. An overview on Article 22 of the Constitution of India - Article 22 - Talks about Protection Against Arrest And Detention in certain cases - •Provisions of Article 22 of the Constitution of India - Article 22(1) of the Constitution of India - It provides two rights to any person who is detained- a) Right to Tell The Grounds of Arrest b) Right to Hier a lawyer or Right to be defended by lawyer - He has right to choose a lawyer for his consultation and defence and for hearing in the court proceedings. Article 22(2) of the Constitution of India - Produce the accused before nearest Magistrate within 24 hours of such arrest (detention) excluding the time necessary for the journey from the ...

 APARTHEID During the 20th century, South Africa's white minority and nonwhite majority were separated by a policy known as apartheid (Afrikaans: "apartness"). Although racial segregation had long been a reality there, the term apartheid was only originally applied to the government's adoption of racial segregation practises by the white minority in about 1948. Based on their race, South Africans were limited in where they could live, work, acquire an education, and exercise their right to vote. The legalisation of apartheid was ended by events in the early 1990s, but its impacts on society and the economy persisted. Racial segregation, sanctioned by law, was widely practiced in South Africa before 1948. But when the National Party, led by Daniel F. Malan, gained office that year, it extended the policy and gave it the name apartheid. The implementation of apartheid, often called “separate development” since the 1960s, was made possible through the...

 THIRD PARTY INSURANCE Third-party insurance for motor vehicles is a statutory requirement and benefits the liability of the insured towards the death or disability of the third party. This is to ensure that the insurer is paid his damages irrespective of the solvency capacity of the driver. In this insurance contract, the insured is said to be the first party while the second party is the insurance company. Finally, the person who claims damages from you is the third party of the contract. In the case of National Insurance Co. Ltd V. Fakir Chand, it was held that the term “third party” includes a wide scope of people. This includes another party present in a vehicle or a passerby, who are the subject matters of the insurance contract. An important fact to note is that third party insurance does not seek to insure the insured himself but is enforceable against the rest of the world injured by the acts of the insured. Thus, the insured is the ultimate beneficiary of third-party insu...

 PRATHA BAKSHI INTERN AT Lexis And Company Email- rashisinghbakshi@gmail.com Contact number – 8253040077 TASK 10 HOW TO GET OUT OFF CONTRACTUAL OBLIGATIONS: LEGAL SOLUTIONS AND WAYOUTS FACTS-  M/S India Chemicals is a supplier of xyz chemical to Suncare Pharma, which is used to make certain medicines  M/S India Chemicals had an agreement for timely supply of the said chemicals.  The said agreement has a clause if your client fails to supply the chemicals in time, Suncare will suffer huge loss and as such on this account Rs.50 lakhs.  During the National Lockdown in March 2020, labourers working at M/S India Chemicals left the factory and further, the raw material chain was disrupted and as such M/S India Chemicals failed to supply chemicals to Suncare Pharma.  There was huge demand for medicines during that period.  Suncare Pharma could also not produce and there by suffered huge loss in crores.  Now Suncare Pharma has demanded Rs.10 lakhs from M/S India Chemicals in terms o...

 PRATHA BAKSHI INTERN AT Lexis And Company Email- rashisinghbakshi@gmail.com Contact number – 8253040077 TASK 10 HOW TO GET OUT OFF CONTRACTUAL OBLIGATIONS: LEGAL SOLUTIONS AND WAYOUTS FACTS-  M/S India Chemicals is a supplier of xyz chemical to Suncare Pharma, which is used to make certain medicines  M/S India Chemicals had an agreement for timely supply of the said chemicals.  The said agreement has a clause if your client fails to supply the chemicals in time, Suncare will suffer huge loss and as such on this account Rs.50 lakhs.  During the National Lockdown in March 2020, labourers working at M/S India Chemicals left the factory and further, the raw material chain was disrupted and as such M/S India Chemicals failed to supply chemicals to Suncare Pharma.  There was huge demand for medicines during that period.  Suncare Pharma could also not produce and there by suffered huge loss in crores.  Now Suncare Pharma has demanded Rs.10 lakhs from M/S India Chemicals in terms o...

 Day 15th Lokpal And Lokayukta - Akanksha TiwariDay 15th Lokpal And Lokayukta - Akanksha TiwariDay 15th Summer Internship Program Module VIP Author Akanksha Tiwari Amity University Gwalior Madhya Pradesh Date 30th july Written Assignment Day Today's Topic Lokpal And Lokayukta What are Lokpal and Lokayukta? The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States. These institutions are statutory bodies without any constitutional status. They perform the function of an "ombudsman” and inquire into allegations of corruption against certain public functionaries and for related matters. What is the Background of their Formation? ● In 1809, the institution of ombudsman was inaugurated officially in Sweden. ● In the 20th century, Ombudsman as an institution developed and grew most significantly after the Second World War. ● New Zealand and Norway adopted this system in the year 1962 and it proved to be of great si...

 Day 15th Summer Internship Program Akanksha Tiwari Amity University Gwalior Madhya Pradesh Date 30th july Module VIP Author Written Assignment Day Topic Article 72 Pardoning Communication of death sentence Recently, the President of India has decided to commute the death sentence of an accused (convicted over the assassination of then Punjab Chief Minister) as a humanitarian gesture ahead of the 550th birth anniversary celebrations of the founder of Sikhism, Guru Nanak Dev Ji. ● In the last nine years, the President commuted at least 20 death sentences to life imprisonment, based on the recommendations of the Ministry of Home Affairs (MHA). Constitutional Provision to Grant Pardon: Article 72 ● Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the: ● Punishment or sentence for an offence against a Union Law, ● Punishment or sentence is by a court-martial (military court), and ● Puni...

 Torts in the cyber world. Introduction With the invention of computers and the emergence of the internet, a new category of tort has sprung into existence, namely cyber torts, such torts are committed in various ways which are explained later on in this article, but the medium through which they are committed are always virtual machines, such as, a computer, a mobile phone, or any device which can be used to access the internet and change information there. What is a tort? A tort is a civil wrong for which a remedy is given in terms of damages, the damages that are paid to the plaintiff (the person who suffers the damage and brings the suit to the court of law) against the defendant (the person who commits the tort against the plaintiff and has to prove of his innocence in the court) in terms of unliquidated damages (those damages whose amount for the remedy is not fixed, it is fixed in accordance with the tort which is committed against that person). Essential Elements of a tort ...

 International court of Justice. Introduction The international community is a dynamic one. This leads to clashes between the various members of this community. States disagree on where their border is, contest islands of maritime borders, violate treaties and other rules of international law. Then to who do states turn to for help? Resolving matters of these natures is the job of the International Court of Justice (ICJ). The ICJ is not only needed for resolving international disputes. Even the UN seeks their help when they need an opinion on a legal question. The court has existed since 1946. The official languages are English and French. The United Nations Charter is an integral part of the ICJ. Thus, all UN members state automatically recognize the authority of the ICJ and can call for its help in any legal matter. History It is the successor court of the Permanent Court of International Justice. The Permanent Court of International Justice was created in 1922 and by the league ...

 THE INDIAN CONTRACT ACT, 1872 NAME-ARVIND S COLLEGE-SCHOOL OF EXCELLENCE IN LAW, CHENNAI UNIVERSITY-THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY DATE-30 TH JULY 2022 A contract is an agreement enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others. A contract is an agreement creating and defining obligations between the parties. The Indian Contract Act, 1872 lays down general principles relating to formation and enforceability of contracts; rules governing the provisions of an agreement and offer; the various types of contracts including those of indemnity and guarantee, bailment and pledge and agency. It also contains provisions pertaining to breach of a contract. The Law of Contract constitutes the most important branch of Mercantile or Commercial Law. It affects everybody, more so, trade, commerce and industry. It may be said that the contract is the foundation of the civilized wo...

 NAME-ARVIND S COLLEGE-SCHOOL OF EXCELLENCE IN LAW, CHENNAI UNIVERSITY-THE TAMILNADU DR. AMBEDKAR LAW UNIVERSITY DATE-30 TH JULY 2022 The Companies Bill, 2012 finally became the Companies Act, 2013. It received the assent of the President on August 29, 2013 and was notified in the Gazette of India on 30.08.2013. Companies Act, 2013 has undergone amendments four times so far. Companies (Amendment) Act, 2015 and Companies (Amendment) Act, 2017 aimed at enhancing efficiency and promoting ease of doing business. The Act was also amended by The Insolvency and Bankruptcy Code, 2016 and Finance Act, 2017. The Insolvency and Bankruptcy Code, 2016 led to omission of various sections i.e. section 253 to section 269, section 289, section 304 to section 323 and section 325. The Finance Act, 2017 amended section 182 with regard to prohibitions and restrictions regarding political contributions. So far Ministry has come out with several circulars, notifications, Orders and various amendment rule...

 CONSUMER PROTECTION ACT The Consumer Protection Act, enacted in 1986, provides for quick and easy resolution of consumer complaints. It protects and encourages consumers to speak out against inadequacies and flaws in goods and services. If traders and manufacturers engage in any illegal trade, this act protects their consumer rights. The primary goal of this forum is to provide assistance to both parties while eliminating lengthy lawsuits. Except for those exempted by the central government, this Protection Act applies to all goods and services in the public, private, or cooperative sectors. The act provides a platform for consumers to file complaints, and the forum takes action against the concerned supplier and compensates the consumer for the inconvenience he or she has experienced. CONSUMER RIGHTS AND RESPONSIBILITIES Rights Right to Safety- A consumer has the right to insist on the quality and guarantee of the goods before purchasing. They should ideally buy a certified produ...

 PUBLIC INTEREST LITIGATION Meaning Interest Litigation” means legal action initiated in a court of enforcement of public interest or general interest in which the class of community have pecuniary interest or some interest by legal rights or liabilities are affected. “Public law for the public or a which their Public interest litigation is the name that has recently been given to efforts to provide legal representation to previously unrepresented groups and interests. Such efforts have been taken in the recognition that the ordinary market place for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups or interests include the poor, environmentalists, consumers, racial, ethnic, minorities and others. Characteristics of Public Interest Litigation The true nature of PIL is that in it a selfless citizen or an organization having no personal motive of any kind except either compassion for the weak and disabled...

PUBLIC INTEREST LITIGATION Meaning Interest Litigation” means legal action initiated in a court of enforcement of public interest or general interest in which the class of community have pecuniary interest or some interest by legal rights or liabilities are affected. “Public law for the public or a which their Public interest litigation is the name that has recently been given to efforts to provide legal representation to previously unrepresented groups and interests. Such efforts have been taken in the recognition that the ordinary market place for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups or interests include the poor, environmentalists, consumers, racial, ethnic, minorities and others. Characteristics of Public Interest Litigation The true nature of PIL is that in it a selfless citizen or an organization having no personal motive of any kind except either compassion for the weak and disabled or d...

 CONTEMPT OF COURT Contempt of court is defined as disrespect or disobedience toward a court or interference with its orderly process. Title 18 of the United States Code defines contempt of court as having three essential elements:  Misbehavior by anyone in its presence or close enough to obstruct the administration of justice;  Misconduct by any of its officers in official transactions;  Disobedience to its lawful writ, process, order, rule, decree, or command. Contempt of court is divided into two categories: criminal and civil, and direct and indirect. Because criminal contempt is a crime in and of itself, such contempt charges are punitive (fines or imprisonment) and distinct from the underlying case being heard. Civil contempt charges are intended to compel future compliance with a court order and can be avoided by obeying the court. Direct contempt occurs when the court is present, whereas indirect contempt occurs when the court is not present. Judges have broad discretion...

 MORTGAGE UNDER TRANSFER OF PROPERTY ACT, 1882 Section 58 to 104 of the Transfer of Property Act, 1882 discusses mortgages and charges. A mortgage is a transfer of an interest in immovable property and it is given as a security for a loan. The ownership of an immovable property remains with the mortgagor itself but some interest in the property is transferred to the mortgagee who has given a loan. Essential conditions of a mortgage: 1. There must be a transfer of interest to mortgagee. 2. Interest created in the specific immovable property. 3. Mortgage should be supported by the consideration. Kinds of Mortgage As per Section 58 of Transfer of Property, there are six kinds of mortgages Simple Mortgage A simple mortgage is defined in Section 58(b) of the Transfer of Property Act of 1882. In a simple mortgage, the borrower does not transfer the property to the mortgagee, but agrees to pay the mortgage amount. The mortgagee agrees on the condition that if the mortgage is not paid, the...

 SALE UNDER TRANSFER OF PROPERTY ACT Section 54 of the Transfer of Property Act 1882 defines what a sale is, how it is to be conducted and what a contract of sale is. In a "sale" there is a "transfer of property" from the transferor to the transferee, for a price or consideration. The price may be a paid or promised, partially paid or partially promised price. The transferor is called the "seller" and the transferee the "buyer". For the sale to be valid, the buyer must transfer the property with his free consent (under Section 10 of the Indian Contract Act, 1872). The transfer of property involves the transfer of 3 fundamental rights: - The right to possess and use the property; - Right to alienate; - Right of ownership; It is an "absolute transfer": the seller retains no rights or privileges over the transferred property after the sale. For it to be a sale, there must be a complete transfer o...

 Corruption What is corruption? According to the corruptie.org the simplest definition is: Corruption is the misuse of public power (by elected politician or appointed civil servant) for private gain. In order to ensure that not ony public corruption but also private corruption between individuals and businesses could be covered by the same simple definition: Corruption is the misuse of entrusted power (by heritage, education, marriage, election, appointment or whatever else) for private gain. This broader definition covers not only the politician and the public servant, but also the CEO and CFO of a company, the notary public, the teamleader at a workplace, the administrator or admissions-officer to a private school or hospital, the coach of a soccerteam, etc This misuse of power erodes the trust between two or more parties and makes a democracy weak. There are different forms of corruption, including bribery, embezzlement, extortion, networking, under-the-table transactions, mani...

 Short note on the Vishaka vs. State of Rajasthan. Facts of the case At the outset, it is necessary to put forth the facts of the case in detail to render a better understanding. Firstly, there was an immediate cause responsible for initiating this fight for gender justice which was the case of the alleged brutal gang rape of a woman in a village in the State of Rajasthan. Bhanwari Devi, a social worker was gang-raped for doing the noble act of preventing child marriage. Unfortunately, this criminal case pursuant to the insufficient evidence proving the crime was dismissed [1]. However, this incident gained momentum among various social activists and NGOs, enforcing the necessity for specific legislation for sexual harassment of women at the workplace in the light of Gender Equality. Subsequently, this writ petition was filed by certain social activists and NGOs under Article 32 on the ground of violation of Articles 14, 15 and 21 of the Constitution. Issues Before delving into the...

 Short note on the Maneka Gandhi v. Union of India. Summary of Facts The petitioner (Maneka Gandhi) was a journalist whose passport was issued on June 1, 1976, under the Passport Act, 1967. Later on July 2nd, 1977, the Regional Passport Officer, New Delhi, had ordered the petitioner to surrender her passport by a letter posted. On being asked about the reasons for her passport confiscation, The Ministry of External Affairs declined to produce any reasons “in the interest of the general public.” Therefore, the petitioner had filed a writ petition under Article 32 of the Constitution of India stating the seize of her passport as the violation of her fundamental rights; specifically Article 14 (Right to Equality), Article 19 (Right to Freedom of Speech and Expression) and Article 21 (Right to Life and Liberty) guaranteed by the Constitution of India. Issues before the Court •Whether the Fundamental Rights are absolute or conditional and what is the extent of the territory of such Fund...

  BAJAJ Auto Limited Vs. TVS Motor Company Limited JT 2009  The breach of a patent holder's exclusive rights is known as a patent infringement. The behaviours or circumstances that constitute patent infringement are not clearly defined by the Indian Patents Act of 1970 ("Patents Act"). During the duration of the patent's valid term, the patent holder or patentee has the "exclusive right" to prohibit any third person from creating, using, offering, selling, manufacturing, etc. the patented invention, product, or method. In essence, this grants the patented innovation, product, or method monopoly rights. Therefore, any action that infringes on this monopoly qualifies as a patent infringement. When a patent is violated, the patent holder has the legal right to sue the offending party to seek redress and damages. The Act's Sections 104 to 114 contain specific principles for patent infringement, including the burden of evidence, defences, court's authorit...