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15 Blogs found.
  • Jul 25, 2019
    Not standing during the National anthem can get you arrested; Yes/No, Maybe! As per Section 3 of the Prevention of Insults to National Honor Act, 1971, whoever intentionally denies singing the Indian National Anthem or creates disturbances in the gathered crowd engaged in singing can be punished with imprisonment for three years or more, or with fine, or sometimes both. The law of the Parliament prohibits the desecration or insult to the country's national symbols which Includes the National Flag , the constitution , the National Anthem and map of India including contempt of Indian constitution. But in the entire law, it’s nowhere mentioned about the positioning of the body. Nowhere has it stated whether a person should be 'sitting' or 'standing' while the national anthem is playing. There are defined cases in which the specifics of Prevention Act are mentioned.   Below are some of them: Case 1 – Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an alteration of the Indian National Flag by lawful means do not constitute an offence under this section. Case 2 – The expression Indian National Flag consist of any picture, drawing, or other visible representation of the Indian National Flag, or of any part or parts thereof, made of any substance or represented on any substance or digital picture is considered. Case 3  – The expression Dishonor Indian Map means if anywhere map represented with respective manner, Tapping Map on Road or any public place is found, shall consists of an offence. Case 4 – The expression public place means any place intended for use by or accessible to,the public and includes any public conveyance is considered. The gesture of standing up during the National Anthem is sheer decency and respect for your own country and people around you. It is not out of a legal obligation and no punishments can be given on this basis. Recently in Mumbai, a family was asked to leave the theater for not standing during the anthem. Legally, no one can ask anyone out from the public area and neither anyone can force to put an individual to stand or sit. As there’s no particular law that obliges you to behave decent at a funeral and it’s your choice to be a silent one to maintain your composure, similarly, there is no basic law which will tell you how to behave during a National Anthem. Your basic/social etiquette will tell you how you’re supposed to do it!  
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  • Jul 23, 2019
    स्त्रीही सृष्टीची जननी म्हणून तिची ओळख आहे. आज स्त्री ही कोणत्याही क्षेत्रात मागे नाही. चुल आणि मुलं सांभाळून देखील डॉक्टर, इंजिनियर, वकील, पायलट इत्यादी क्षेत्रात स्वत:चा ठसा उमटवत आहे.राज्य घटनेनुसार स्त्री व पुरुषांना समान हक्क असले तरीही समाजातील चाली, रिती, प्रथानुसार स्त्रीची अवहेलना होताना दिसून येते. स्त्रियांचे मनोबल वाढावे व त्यांनाही सन्मानाने जगता यावे यासाठी महिला कल्याण कायदे असून त्याची ही माहिती. महिला व बालके - कायदे/योजना पुढीलप्रमाणे - १- कौटुंबिक हिंसाचार व प्रतिबंधक कायदे  माहितीस्त्रियांच्या होणाऱ्या कौटुंबिक छळास प्रतिबंध करण्यासाठी केंद्र शासनाने कौटुंबिक हिंसाचारापासून महिलांचे संरक्षण अधिनियम, 2005 व नियम 2006 संपूर्ण भारतात 26 ऑक्टोबर 2006 पासून लागू केला. २-बालकामगार मुक्ती अभियानबालकामगार प्रथा बंद झाली पाहिजे. त्यांची पिळवणूक थांबली पाहिजे. त्यांचे हरविलेले बालपण त्यांना मिळवून दिले पाहिजे. ३-हुंडा प्रतिबंध कायदाहुंडयासारखी सामाजिक समस्या स्वातंत्र्यनंतर आजही ज्वलंत आहे. आजही आपण हुंडयापायी नववधुंचा छळ, हुंडाबळीच्या घटना ऐकतो. या पध्दतीचे निर्मूलन करणे म्हणजे प्रचलित रुढी, परंपरा विरुध्द जनजगृतीची एक प्रकारची लढाईच आहे. ४-राजीव गांधी किशोरी सबलीकरण योजनामुलींना शिक्षण, आरोग्य व परिपोषण या गरजांची पुर्तताही नीट होत नाही. याचा परिणाम संपूर्ण समाज आणि देशाच्या सक्षम मनुष्यबळावरही होतो देशाच्या विकासावर होतो. यासाठीच राजीव गांधी किशोरी सबलीकरण योजना सुरु करण्यात आली आहे. ५-प्रजनन व बाल आरोग्यदेशाच्या आर्थिक व सामाजिक उन्नतीमध्ये आरोग्यास अनन्यसाधारण महत्व आहे.आठ ते दहा वर्षांपूर्वी महिलांची प्रसूती रुग्णालयाऐवजी घरी दायीच्या हाताने होत होती. त्यामुळे प्रसूतीदरम्यान महिलांचे मृत्यू होत होते. शासनाच्या साथीने महिला सक्षमीकरण-महिला स्वावलंबी व स्वयंपूर्ण व्हाव्यात, त्यांचा विकास व्हावा, त्या जोमाने विकासकामांत सहभागी व्हाव्यात यासाठी शासन अनेक योजना राबवित आहे.स्त्रीही सृष्टीची जननी म्हणून तिची ओळख आहे.मुलगी वाचवा मुलगी शिकवा (बेटी बचाव बेटी पढाव! )-आपल्या देशातील ० - ६ वर्ष या वयोगोटातील बालकांमधील प्रत्येक हजार मुलांमागे असलेल्या मुलींच्या जन्मदराचे म्हणजेच बालिका लिंगानुपाताचे प्रमाण १९६१ मध्ये असलेल्या प्रमाणापेक्षा दिवसेंदिवस कमी कमीच होताना दिसत आहेबालकहक्कांचा जाहीरनामा : बालकांचे जन्मजात हक्क घोषित करणारा जाहीरनामा संयुक्त राष्ट्रांनी २० नोव्हेंबर १९५९ रोजी प्रसूत केला. जगातील सर्व बालकांचा सर्वांगीण विकास साधून त्यांना सुखी व समृद्ध जीवन उपलब्ध व्हावे, असा या जाहीरनाम्याचा हेतू आहे. उद्देशिका, प्रत्यक्ष ठराव आणि बालकहक्कांच्या कार्यवाहीसाठी सुचविलेली दहा तत्त्वे असे त्याचे तीन भाग पडतात.पीडित महिला व बालकांसाठी ‘मनोधैर्य‘ योजना-बलात्कार, बालकांवरील लैगिंक अत्याचार, अ‍ॅसिड हल्ला यामध्ये बळी पडलेल्या महिला आणि बालकांना अर्थसहाय्य व पुनर्वसन करण्यासाठी मनोधैर्य योजना राज्य मंत्रिमंडळाने मंजूर केलीचाईल्ड लाईन... डायल 1098-चाईल्ड लाईन हा केंद्रीय महिला व बालविकास मंत्रालयाचा उपक्रम आहे. काळजी व संरक्षणाची गरज असलेल्या शून्य ते 19 वयोगटातील मुला-मुलींकरिता 24 तास कार्यरत असणारी मोफत सेवा आहे.महिलांच्‍या सुरक्षिततेसाठी महाराष्‍ट्र शासनाने केलेल्‍या उपाययोजना  माहिती असलेले एक पेज उघडतेमहिलांच्‍या सुरक्षिततेसाठी महाराष्‍ट्र शासनाने विविध योजना सुरु केल्या आहेत, त्याविषयीची माहिती यामध्ये दिली आहे.महिला हक्कांचे बळकटीकरण-महिलांच्या संरक्षणासाठी अनेक कायदे, शासन निर्णय, परिपत्रके असूनसुद्धा त्यांची प्रभावी अंमलबजावणी न झाल्याने अद्यापही महिला त्यांच्या हक्क आणि अधिकारापासून वंचित आहेत.माझी कन्या भाग्यश्री योजना-मुलींचे शिक्षण, आरोग्य व उज्वल भविष्यासाठी आर्थिक तरतूद करणे, बालिकांच्या भ्रूणहत्या रोखणे, बालविवाह रोखणे, मुलींच्या जन्माबाबत समाजामध्ये सकारात्मक विचार रुजविणे यासाठी राज्यात महिला व बालकल्‍याण विभागाकडून माझी कन्या भाग्यश्री ही योजना राबवण्यात येत आहे -मुलांसाठी पॉस्को ई-बटन-लहान मुलांवर अत्याचार सर्रास  होतात पण त्यातील काही गुन्हयांचीच तक्रार केली जाते. मुलांसाठी पॉस्को ई-बटन -एक सुरवात महिला व बालक विकास व संरक्षणासाठी या सारखे विविध कायदे व योजना राबविण्यात येतात.
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  • Jul 20, 2019
    Indian Judiciary - Before and After Digitalization! Justice delayed is justice denied! But the Indian Judiciary is tormented with perpetual litigation and vast legal battles. Data gives a statistics of 2,81,25,066 ( Two Crore Eighty One Lakh Twenty Five Thousand Sixty Six ) civil and criminal cases as pending during the period of 2015-2016. 5,000 more judicial officers are currently needed to fix this situation. The state courts are suffering immensely as the judges have to overwork, court staff is overburdened with ample of work, the courts are too little to occupy enough people and most importantly an unending wait for justice is pending. But the growth of the human being so far has made the era evolved with the most crucial thing mankind has invented; TECHNOLOGY! With the proliferation of automated legal tools, we are witnessing new methodologies that reduce or eliminate tedious legal tasks. Going digital seems to be the only solution to fix the logjam and dissolve all the pending stats. Technology will drive the speedy disposal of cases and helping the common man to access justice at ease. Below mentioned are some methods legal fraternity can adapt for quick justice. Online Legal Consultation: The government has recently started “Tele-Law” services across 1000 common services centers in rural areas of Uttar Pradesh and Bihar to provide free legal consultation. Filing a complaint within no time: Filing a complaint has never been this easy. It’s as easy as booking a movie ticket. A digitalized manner of registering complaints and creating accountability is the need of the hour. Filing an FIR, a civil case, an RTI application, consumer grievance, application for document verification, licensing, etc not only gives open access to the victim but also increases accountability. Courts are now providing regular case status updates through their web portals. Case status can be viewed online transparently: Once the case is filed, one can check the status of the case, date of next hearing, history of the orders passed by the court and other particularities online. There’s no need of visiting the courts again and again to know the statuses. Social Media based facts are now considered as legal evidences in the court: The system is changed to the extent that conviction for an offense is not completely based upon culprit’s statements and traditional evidence like circumstantial clues, the weapon used in the crime, eye witnesses etc. Courts now consider electronic evidence as an acceptable form of legal evidence for the justice to be unbiased. WhatsApp has been approved as an ethical platform to convey the messages: The Delhi High Court used the technology based social media websites WhatsApp, SMS, and email to serve summons in judicial proceedings in the matter of Tata Sons v/s John Doe(s) and Ors. The technology will get better and better each day with the growing population and growing minds!
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  • Jul 13, 2019
    व्हाट्सअँप आणि कायदा : उपयोग आणि दुरुपयोग. What's app हे सध्या तरूणाई च्या गळ्यातील ताईत बनले आहे. अगदी लहान मुलांनपासुन वयोवृद्ध व्यक्तींसुद्धख what's app पासून लांब नाहीत. दिवसातील किमान २-३तास तरी what's app चा वापर हा केलाच जातो. व्हाट्सअँप चा शोध कधी व कोणी लावला?● व्हाट्सएप ची स्थापना whatsApp Inc. या कंपनी द्वारे 2009 मध्ये यान कौम आणि ब्रायन ऍक्टस यांनी केली.● यापूर्वी या दोघांनी yahoo मध्ये 20 वर्षे एकत्र काम केले आहे. त्यानंतर whatsapp ची लोकप्रियता वाढत गेली. व लोक व्हाट्स app चा वापर करण्यात अग्रेसर दिसू लागले. तेव्हा फेसबुक चे CEO यांनी व्हाट्स app फेसबुकमध्ये सामील करून घेण्यास प्रयत्न सुरू केला. त्यांच्या प्रयत्नास यश आले व फेसबुक आणि whatsapp यांच्यात करार करून (व्हाट्स app हे स्वतंत्र app म्हणून कार्य करेल.)● whatsapp हे facebook मध्‍ये 2014 या वर्षात सामील करुन घेतले. ● 180 देशाहुन अधिक एक अब्ज पेक्षाही जास्त लोक whatsapp वापरतात. whatsapp मोफत असून वापरण्यास सोपे व सुरक्षित मेसेजिंग /कॉलिंग apps आहे. तसेच संपूर्ण जगात कोणत्याही स्मार्टफोनवर चालते. उदा. android, i phone, apple इत्यादी.What's app हे कमी कालावधीत अत्यंत लोकप्रिय ठरले. समविचारी लोक एकत्र येऊन कार्यालयीन कामे, मनोरंजन, सामाजिक प्रबोधन यासाठी समूह तयार करतात. हा समूह तयार करणाऱ्याला ग्रुप ॲडमिन असे म्हटले जाते. या माध्यमाचा उपयोग करून मनोरंजन ,सामाजिक प्रबोधन, कार्यालयीन कामे हे करता येऊ शकतात पण या माध्यमाचा उपयोग सध्या चुकीच्या दृष्टीनेही होऊ लागला आहे. याला आळा बसावा म्हणून काही कायद्याची निर्मिती करण्यात आली आहे. ते कायदे पुढीलप्रमाणे पाहता येईल...1. प्रक्षोभक लेखन : कुणी जर सोशल मीडियाच्या माध्यमातून कुणाच्याही विरोधात अश्लिल भाषेचा, शब्दांचा वापर करत असेल तर त्याच्याविरोधात आयपीसी 294 अन्वये कारवाई होऊ शकते. त्यामुळे सोशल मीडियावर प्रक्षोभक लिहिणं टाळावं.शिक्षा – जर गुन्हा सिद्ध झाला, तर तीन महिन्यांची शिक्षा होऊ शकते. 2. धार्मिक भावाना दुखावणे : जर कुणी जाणीवपूर्वक इतर धर्मावर टीका करत असेल किंवा जाणीवपूर्वक भावना दुखावण्याचा प्रयत्न करत असेल तर त्याच्यावर कारवाई होऊ शकते. धार्मिक चिन्हांचा अपमानही करु नका. असे केल्यास या प्रकरणात आयपीसी 295A अन्वये केस दाखल होऊ शकते. शिक्षा – दोषी आढळल्यास 3 वर्षांपर्यंत तुरुंगवास भोगावा लागेल. 3. अपमान : सोशल मीडियावर कोणत्या पोस्टमध्ये किंवा कमेंटमध्ये कुणाचा अपमान केल्यास आणि शिवीगाळ केल्यास कारवाई होईल. जर असे केलात तर आयपीसी कलम 499 आणि 500 अन्वये तक्रार दाखल होऊ शकते. शिक्षा – हे प्रकरण सिद्ध झाल्यास 2 वर्षांपर्यत तुरुंगवास होऊ शकतो. 4. देशाविरोधात लिहिणे : जर कोणत्या पोस्टमध्ये किंवा कमेंटमध्ये देशाविरोधात भाष्य केल्यास कारवाई होऊ शकते. देशाची एकात्मता आणि अखंडतेला धोका निर्माण होईल असे काही मत मांडल्यास आयपीसी कलम 124A अन्वये खटला सुरु होऊ शकतो. शिक्षा – या प्रकरणी जन्मठेपेच्या शिक्षेची तरतूद आहे. 5. विशिष्ट समूहाविरोधात लेखन : विशिष्ट समूहाविरोधात लेखन करु नये. कुणाच्या वर्णावरुन किंवा कुणाच्या जाती-धर्मावरुन प्रक्षोभक लिहू नये. अन्यथा आयपीसी कलम 153A अन्वये कारवाई होऊ शकते. शिक्षा – याप्रकरणी तीन वर्षांची शिक्षा होऊ शकते. 6. अफवा पसरवणे : सोशल मीडियावर असे लिहिणे ज्यामुळे अफवा पसरु शकतात आणि हे लेखन जाणीवपूर्वक केलेले असेल तर कारवाईला सामोरे जाण्याची तयारी ठेवावी लागेल. कारण जाणीवपूर्व अफवा पसरवल्यास आयपीसी कलम 505 अन्वये गुन्हा दाखल होऊ शकतो. शिक्षा – अफवा पसरवल्यास 3 वर्षांची शिक्षा होऊ शकते. 7. जीवे मारण्याची धमकी : सोशल मीडियावर कुणाला जीवे मारण्याची धमकी दिलीत, तर तुमच्यावर पोलिस कारवाई होऊ शकते. सोशल मीडियावरुन धमकी देणाऱ्याविरोधात आयपीसी कलम 506 अन्वये खटला दाखल होऊ शकतो.शिक्षा – जर धमकी दिल्याचे सिद्ध झाले तर 7 वर्षांची शिक्षा होऊ शकते.व्हाट्सअप ग्रुप मधून काढल्या कारणाने महाराष्ट्रा मधील अहमदनगर कृषी कॉलेज येथे शिवाजी भोर या ग्रुप ॲडमिन वर धारदार शस्त्रांनी हल्ला केला गेला होता. झारखंड राज्यातील जामताडा जिल्ह्यामध्ये काही दिवसापूर्वी एका 22 वर्षीय तरुण पोलीस कोठडीमध्येच मृत्यु पावला, त्याच्यावर आरोप होता की त्यांनी व्हाट्सअप ग्रुप मध्ये गोमास यावर पोस्ट पाठवली होती पोलिसांच्या कस्टडी मध्ये तो मृत्यु पावला. सामाजिक जाण आणि भान ठेवून कुठल्याही प्रसार माध्यमाचा योग्य वापर करावा यासाठी या हे कायदे गरजेचे आहेत.
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  • Jul 06, 2019
    Social Media and Lawyer’s Privacy- An act worth reading!   Social Media has become an essential part of every living creature. People turn to social media sites for various reasons. Whether it’s to catch up on the news, to find out latest gossips on family and friends, to shop, or to locate a restaurant, social media is a primary source of information. Although social media has pervaded our culture for more than a decade now, the legal profession wasn’t always on board. In the beginning, lawyers were suspicious of social media and resisted what many believed to be short-lived fad. Over time, as it became clear that social media was here to stay, their attitude changed and an increasing number of attorneys became interested in learning using, social media for business development and professional networking purposes. The results of the American Bar Association’s 2017 Legal Technology Survey show that this trend continues, with more lawyers from firms of all sizes interacting online. From blogging and LinkedIn to Facebook and Twitter, the legal profession’s use of social media continues to increase.   Courts have also considered the ethical implications of social media and have granted access to social networking sites in some cases. In Romano v. Steel case, Inc., 30 Misc. 3d 427, 907 N.Y.2d 650 (N.Y. Sup. Ct., Suffolk Co. 2010), plaintiff claimed she had suffered permanent injuries that affected her enjoyment of life when she fell out of an office chair. The defendant sought to access the plaintiff's current and historic Facebook and MySpace pages, which revealed that she had an active lifestyle and had traveled during the time period she claimed that her injuries prohibited such activity. The court held that since neither Facebook nor MySpace guarantee complete privacy, the plaintiff had no legitimate reasonable expectation of privacy. Even though there is no privacy right regarding information contained on social networks, attorneys must be careful when attempting to access private information contained on the sites. In New York, lawyers may not use false or deceptive information to "friend" a party or non-party in order to obtain private, non-public information. Lawyers should use the normal discovery devices, such as a request for production of documents to acquire discovery from social networks.    
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  • Jul 05, 2019
    Highlights of the Union Budget for 2019-20 (Apr-Mar), presented by Finance Minister Nirmala Sitharaman in Lok Sabha today: DIRECT TAX * Increasing surcharge on income over 20 mln rupees/year * Faceless tax scrutiny case selection to be on random basis * Propose 2% TDS on 10 mln rupee/yr cash withdrawal from banks * Propose to take slew of measures to boost digital payments * Launching automated, faceless assessment of tax * To make pre-filled tax return forms available * To make Aadhaar, PAN interchangeable to file tax returns * Tax proposals aim to stimulate growth, housing * Direct tax mop up 11.37 trln rupees FY19 vs 6.38 trln FY14* Seeing double-digit growth in direct tax revenue annually * Corporate tax now 25% for cos with 4 bln rupees/yr revenue * Corporate tax cut to cover 99.3% of all cos INDIRECT TAX * To raise road, infra cess on petrol, diesel by 1 rupee/ltr * To up special additional excise on diesel by 1 rupee/ltr * To up special additional excise on petrol by 1 rupee/ltr * Proposing certain amendments to Customs Act * Raising customs duty on precious metals to 12.5% * Raising customs duty on gold * Customs duty being exempted on some parts of e-vehicles * 5% customs duty being imposed on imported books * To implement fully-automated GST refund module * GST led to lower rates on almost all commodities * Tax deduction of 150,000 rupees on e-vehicle loan interest * Extra 150,000-rupee tax deduction on some small home loans * RBI, banks to absorb merchant discount rate at small shops * No merchant discount rate on e-transaction at small shops 10 POINTS OF VISION * Building social infrastructure among 10 points of vision * Building pollution-free environment among 10 points of vision * Digital India in every sector among 10 points of vision * Make in India with stress on MSME in 10 points of vision * Water management, clean rivers among 10 points of vision * Export of food grain in 10 points of vision * Ayushman Bharat, clean India among 10 points of vision * Space programmes, safety of citizen in 10 points of vision GROWTH, INFLATION* Well within capacity to reach $5-trln economy in few years * India to become $3-trln economy in FY20 * India now 6th largest economy vs 11th five years ago REFORMS* Need to continue undertaking structural reforms * Need to continue structural reforms to reach $5-trln aim * Need to invest in job creation in MSMEs * Need to invest heavily in digital India, job creation * $5-trln economy target is imminently achievable * "Gone are the days of policy paralysis" * Wish to propose many initiatives to kick-start growth * Reforms needed in power tariffs * To soon announce policy package for power tariffs * Model tenancy law to soon be finalised * Propose several reform measures for rental housing * PPP to fast develop track, rolling stock, freight svcs * To have blueprint for water grids, gas grids, airways * Examining performance of UDAY scheme * One nation, one grid to ensure power connectivity * 2 more terminals at Sahibganj, Haldia to be functional soon * Movement of cargo in river Ganga to rise 4 times in 4 yrs FINANCIAL SECTOR, MARKETS * STT to be limited to gap between settlement, strike price * Propose some leeway in Securities Transactions Tax * Propose to implement steps to make tax compliance easier * Bad loan tax norms for most NBFCs at par with banks * Need for greater parity in tax treatment of NBFCs vs banks * CBDT to make provisions for pending assessment of startups * Start-ups not to face scrutiny in terms of share premium * Taking steps to resolve angel tax issue for startups * To start scheme for foreign cos in advanced technology sector * To start scheme to invite foreign cos in sunrise sectors To give PSU banks 700 bln rupees capital * Banks' NPAs reduced by more than 1 trln rupees last year * Domestic credit growth risen to 13.8%* To let all NBFC to participate in trade receivable platform * Propose to return regulation over housing fin cos to RBI * Propose more power to RBI over NBFCs in Finance Bill * One-time, six-month guarantee to PSU banks to buy some NBFC loans * Fundamentally sound NBFCs should get funding from banks, MFs * To undertake steps to improve governance in PSU banks * Provision coverage ratio of banks highest in 7 years * Six PSU banks enabled to come out of prompt corrective action * To start raising part of borrowing from external market in FX * To boost retail participation in CPSE ETFs * India's sovereign external debt to GDP ratio less than 5% * To offer ETF participation via ELSS-like system * Setting divestment target of 1.05 trln rupees for FY20 * Govt to reinitiate process of Air India divestment * Onshore insurers' net owned funds need cut to 10 bln rupees * Strategic divestment of PSUs to remain a priority * Mulling below 51% stake in PSUs on case-to-case basis * To raise cap on foreign shareholding in some PSUs * Steps to separate NPS Trust from PFRDA * Financial gains from cleaning banking sector now visible * FDI inflows remain robust despite global headwinds * Important to increase retail invest in T-bills * Propose to create platform for listing social enterprises * To work with regulators for AA bonds as collateral for repo * Asked SEBI to mull hiking minimum public shareholding to 35% * Propose to rationalise existing KYC norms for FPIs * India needs 20-trln-rupee estimated investment every year * To put in place action plan to deepen long-term bond mkt * Action plan to deepen market for long-term bonds * Invest driven growth requires access to low-cost capital * To create payment platform for MSMEs * Large infrastructure can be built on land owned by CPSEs * To allow FPIs to subscribe to listed debt papers of REITs * Propose to merge NRI, FPI investment scheme routes * To mull hiking FDI limit in media, insurance, animation cos * Contemplating an annual global investors meet in India * Propose 100% FDI in insurance intermediaries * To examine suggestions to further open up FDI in aviation * FDI flows rose 6% to $64.37 bln in FY19 * Propose to make India a more attractive FDI destination * To take steps for RBI, SEBI depositories' inter-operability * To allow FPIs to subscribe to listed debt papers of REITs * Propose to merge NRI, FPI investment scheme routes * To mull hiking FDI limit in media, insurance, animation cos * Contemplating an annual global investors meet in India * Propose 100% FDI in insurance intermediaries * To examine suggestions to further open up FDI in aviation * FDI flows rose 6% to $64.37 bln in FY19 * Propose to make India a more attractive FDI destination * To take steps for RBI, SEBI depositories' inter-operability * To allow FPI invest in listed debt securities of InvITs * Will take steps to meet 25% public holding in listed PSUs * Need to encourage continued growth of startups INFRASTRUCTURE, INDUSTRY * To invest 100 trln rupees in infrastructure over next 5 years * To set up panel on long-term funding for infrastructure Need to invest heavily in infrastructure * Rail infra may need investment of 50 trln rupees 2018-2030 * 2nd stage of Bharatmala to help develop state roads * To incentivise advanced vehicle battery manufacturing * Need to develop inland waterways for cargo movement * To comprehensively restructure national highway programme * To comprehensively restructure national highway programme * 210 km of new metro lines operationalised in 2019 * Launching national common mobility card * To leverage engineering skill for project maintenance work * Public infra, affordable housing to be taken up in FY20 * To aid cluster-based development of traditional industries * To use more PPP mode for metro rail network * Railways to be encouraged to use SPVs for suburban projects* To use USOF, PPP mode for speeding up BharatNet * To deal with tax issues of start-ups later in speech * To start TV programme exclusively for startups FARM SECTOR* Every rural family to have gas, power connectivity by 2022 * All rural families to have electricity connection by 2022 * Govt keeps Antyodaya at core of all its policies * Villages, poor, farmers at centre of every govt plan * Gaon, garib, kisan at centre of every govt plan * To invest widely in agriculture infrastructure * Bamboo, khadi, honey to be focus for cluster development * To invest 802.5 bln rupees to upgrade rural roads in 5 years * To upgrade 125,000 km of rural roads in 5 years * 30,000 km roads under PM Sadak Yojana built with green technology * All-weather roads provided to 97% of habitation * To have robust framework for fisheries mgmt network * 19.5 mln homes to be given till 2022 in PM rural house plan * 15 mln homes completed under PM rural house plan * APMCs shouldn't hamper farmers from getting fair price * Zero-budget farming to be promoted * Hope to form 10,000 farmer producer organisations * Aiming oilseed self sufficiency, to help cut import bill * Ease of doing business, living should apply to farmers too * To create infrastructure for cattle feed manufacturing * Will support private companies to add value for farm producers * Zero-budget farming can help double farmers' income SOCIAL SECTOR, EDUCATION * See rapid urbanisation as an opportunity, not challenge * Constructed 96 mln toilets since Oct 2, 2014 * To expand Swachh Bharat plan to undertake solid waste mgmt * India to be open-defecation-free by Oct 2 * Over 95% cities have become open-defecation free Identified 1,592 blocks for Jal Shakti Abhiyan * To use CAMPA funds for Jal Shakti plan * Aim water connection to every household by 2024 * To set up national research foundation to assimilate all grants * To bring new national education policy * Will bring in new national educational policy * 3 mln workers joined govt pension plan so far * Banks to provide assistance under Stand-Up India scheme * Stand-Up India scheme to continue till 2025 * Expect less labour disputes as laws get streamlined * Propose to develop 17 iconic tourism sites * Propose digital repository for tribal heritage * Propose to revamp India Development Assistance Scheme * Opened 5 new embassies in Africa FY19, to open 4 more * Propose to launch mission to integrate traditional artisans MISCELLANEOUS * Election 2019 mandate was full of hope for new India * Voters stamped their approval on a performing government * People of India voted for national security, economic growth * Have set the ball rolling for new India * Govt provided fiscal discipline during 2014-2019 * Average food security amount almost doubled during 2014-19 * Our last-mile delivery stood out, reached everywhere * Will further simplify procedure, reduce red tape * Mega programmes initiated in 1st term will continue * We don't look down upon legitimate profit-earning * To take step for virtuous cycle of domestic, foreign investment * Time right for India to enter aircraft financing, leasing * Launched co to tap ISRO's capabilities commercially
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  • Jun 22, 2019
    Section 141 of the Indian Penal Code, 1860 defines what is an unlawful assembly. An assembly of five or more persons is designated as ‘unlawful assembly’ if the common object of the persons composing that assembly is – To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or To resist the execution of any law or of any legal process; or  To commit any mischief or criminal trespass, or other offence; or By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or the use of water or other incorporeal right of which he is in possession or enjoyment, or to endorse any right or supposed right; or By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.   The important requirements for an unlawful assembly to take place is that there must be an assembly, the assembly must consist of five or more persons, the persons composing the assembly must have a common object that is to intimidate the government with use of criminal force and commit an illegal activity.   Section 142 of the IPC says that whoever being aware of facts which render any assembly an unlawful assembly intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.   Section 143 of the IPC mentions the punishment for such unlawful assembly. Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or both.   Nature of the offence itself is cognizable, bailable and non-compoundable and can be tried by any magistrate. It is based upon the principle of Constructive Liability under section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object. If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the member of that assembly knew to be likely to be committed prosecution of that object, every person who at the time of the committing of that offence, is a measure of the same assembly, is guilty of that offence.   In the case of State of Maharashtra v Joseph Mingel Koli, 1997 the Bombay High Court held that, every member of an unlawful assembly is vicariously liable for the act done by others either in the prosecution of the common object of the unlawful assembly or such which the members of unlawful assembly knew were likely to be committed.
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  • Jun 20, 2019
    Specific Performance of Contract: Plaintiff to Prove Readiness and Willingness to Perform Contract- Supreme Court. Case name: Vijay Kumar & Ors. v. Om Prakash In the case, the Appellant approached the Supreme Court assailing High Court of Punjab & Haryana’s order, whereby the High Court had affirmed the judgment of the First Appellate Court thereby granting a decree for specific performance in favor of the respondent-plaintiff. In the appeal, one of the main contentions of the Appellant was that the respondent-plaintiff could not establish the readiness and willingness to perform the contract. Brief facts of the case: The case revolved around an agreement of sale entered between the parties in respect of a total sale consideration of Rs.26,00,000, wherein Rs.4,00,000/- was paid by the respondent-plaintiff to the appellants as earnest money and the remaining amount of Rs.22,00,000/- was to be paid on 31st March 2008 that is the date fixed for executing the registration of the sale deed. However, the sale deed was not executed on the stipulated date and subsequently, the respondent-plaintiff filed a suit for specific performance. The appellants contested the suit on the ground that the respondent-plaintiff was not ready and willing to perform his part of the contract. On consideration of the evidence, the Trial Court dismissed the suit for specific performance holding that the respondent had failed to prove his readiness and willingness to perform the contract. Later in appeal, the High Court set aside Trial Court’s order and passed an order in favor of the respondent-plaintiff. Bench’s Verdict  The Two-Judge Bench of the Supreme Court allowed the appeal in view of the following observations in the case: That in order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown throughout and has to be established by the plaintiff. In view of the facts of the case, the Supreme Court noted that the respondent-plaintiff had not shown his capacity to pay the balance sale consideration of Rs.22,00,000. The Supreme Court also remarked that the relief for specific performance is purely discretionary. The Court noted that though the respondent-plaintiff has alleged that he was ready and willing to perform his part of the contract, the First Appellate Court ought to have examined first whether the respondent-plaintiff was able to show his capacity to pay the balance money. Reference -Vakilno.1.com
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  • Jun 13, 2019
    ENERGY LAWS IN INDIA India is the world’s eleventh largest economy by nominal GDP and fourth largest by Purchasing Power Parity. The eleventh five‐year plan of India’s Planning Commission set an ambitious target of 9 percent GDP growth for the plan period (2007‐2012). Critical to the ability to sustain this growth going forward is the availability and affordability of energy. According to the report of the Expert Committee on Integrated Energy Policy, in order to maintain a sustained growth of 8 percent through 2031‐32, India needs to increase its energy supply by a factor of three to four times and its electricity generation capacity/supply by a factor of five to six of their levels in 2003‐04. At the same time, there is recognition of an imperative need to minimize spending on petroleum products, which are progressively becoming costlier, and to increasingly rely on renewable energy sources.At present, India’s energy supply is skewed in favor of non‐renewable energy sources. India is one of the largest buyers of crude oil in world, while it meets most of its demand for coal through its sizable domestic reserves. However, the country has actively begun to explore other avenues, such as nuclear power and solar power. Initiatives such as the Jawaharlal National Solar Mission, the objective of which is to establish India as a global leader in solar energy, have been launched. India also possesses the fifth largest wind power industry in the world and is currently adding a capacity of 1,800‐2,000 megawatts (MW) every year. India has also been laying the groundwork for a major expansion of its nuclear power capacity. India is expected to have 20,000 MW of nuclear capacity by the year 2020. India also plans to supply 25 percent of electricity from nuclear power by the year 2050. India’s future nuclear power ambitions are also fuelled by the fact that it controls 25 percent of all known thorium reserves and is actively pursuing research into the thorium fuel cycle in its quest for an indigenous alternative to uranium.   Major Players in the Energy Sector in India a) Electricity: The National Thermal Power Corporation (NTPC), National Hydro Electric Power Corporation and the Power Grid Corporation of India are the major public sector players. The main private sector players include Tata Power, Calcutta Electricity Supply Corporation Limited, Reliance Infrastructure and Adani Enterprises. b) Oil and gas: Oil production in India is dominated by the Oil and Natural Gas Corporation (ONGC) and Oil India, which control up to 85 percent of India’s total oil production. Other players include Bharat petroleum Corporation Limited (BPCL) and Hindustan Petroleum (HP). ONGC is also major player on the natural gas production front, while the Gas Authority of India Limited (GAIL) is the major player in the transmission and distribution of natural gas. Except for Reliance Industries Limited (RIL) and Cairn India Limited, no private players have carved out a key role in this sector. c) Coal: India’s coal production is dominated by Coal India Limited and Singereni Collieries Company. d) Renewables: The sector is dominated by private players like Suzlon Energy Limited, Tata BP Solar and Moser Baer Private Limited.   Energy trading with neighbouring countries The per capita electricity consumption is low compared to many countries despite cheaper electricity tariff in India. Despite low electricity per capita consumption in India, the country is going to achieve surplus electricity generation during the 12th plan (2012 to 2017) period provided its coal production and transport infrastructure is developed adequately. India has been exporting electricity to Bangladesh and Nepal and importing excess electricity in Bhutan. Surplus electricity can be exported to the neighbouring countries in return for natural gas supplies from Pakistan, Bangladesh and Myanmar. Bangladesh, Myanmar and Pakistan are producing substantial natural gas and using for electricity generation purpose. Bangladesh, Myanmar and Pakistan produce 55 million cubic metres per day (mcmd), 9 mcmd and 118 mcmd out of which 20 mcmd, 1.4 mcmd and 34 mcmd are consumed for electricity generation respectively. Whereas the natural gas production in India is not even adequate to meet its non-electricity requirements. Bangladesh, Myanmar and Pakistan have proven reserves of 200 billion cubic metres (bcm), 1200 bcm and 500 bcm respectively.There is ample opportunity for mutually beneficial trading in energy resources with these countries. India can supply its surplus electricity to Pakistan and Bangladesh in return for the natural gas imports by gas pipe lines.Similarly India can develop on BOOT basis hydro power projects in Bhutan, Nepal and Myanmar. India can also enter into long term power purchase agreements with China for developing the hydro power potential in Brahmaputra river basin of Tibet region. India can also supply its surplus electricity to Sri Lanka by undersea cable link. There is ample trading synergy for India with its neighbouring countries in securing its energy requirements.
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  • Jun 10, 2019
    Indian Financial Market and the role of SEBI in Indian Financial Market   Understanding our Financial Market Financial Market is a place where trade happens. It is a market in which people trade financial securities, commodities, and other fungible items of value at low transaction costsand at prices that reflect supply and demand. Securities include stocks and bonds, and commodities include precious metals or agricultural goods. In economics, typically, the term market means the aggregate of possible buyers and sellers of a certain good or service and the transactions between them. In India, financial regulations are mainly governed by SEBI (Securities Exchange Board of India) and banking regulations are mainly governed by RBI (Reserve Bank of India) that acts as a banker to the banks.   Types of Financial Markets Capital Markets Capital Market consists of the Stock Market and the Bond Market is the part of a financial system concerned with raising capital by dealing in shares, bonds, and other long term investments. The 2 largest stock markets in India are BSE (Bombay Stock Exchange) and NSE (National Stock Exchange) The capital markets may also be divided into primary markets and secondary markets. Newly formed (issued) securities are bought or sold in primary markets, such as during initial public offerings. Secondary markets allow investors to buy and sell existing securities. The transactions in primary markets exist between issuers and investors, while secondary market transactions exist among investors.   Commodity Markets It facilitates the trading of commodities.   Money Markets It provides short term debt financing and investment.   Derivative Markets It provides instruments for the management of financial risk.   Futures Markets It provides standardized forward contracts for trading products at some future date.   Insurance Markets It facilitates the redistribution of various risks.   Foreign exchange markets It facilitates the trading of foreign exchange.   Functions of a Financial Market Financial market gives strength to economy by making finance available at the right place.   (1) Mobilization of Savings and their Channelization into moreProductive Uses Financial market gives impetus to the savings of the people. This market takes the uselessly lying finance in the form of cash to places where it is really needed. Many financial instruments are made available for transferring finance from one side to the other side. The investors can invest in any of these instruments according to their wish.   (2) Facilitates Price Discovery The price of any goods or services is determined by the forces of demand and supply. Like goods and services, the investors also try to discover the price of their securities. The financial market is helpful to the investors in giving them proper price.   (3) Provides Liquidity to Financial Assets This is a market where the buyers and the sellers of all the securities are available all the times. This is the reason that it provides liquidity to securities. It means that the investors can invest their money, whenever they desire, in securities through the medium of financial market. They can also convert their investment into money whenever they so desire.   (4) Reduces the Cost of Transactions Various types of information are needed while buying and selling securities. Much time and money is spent in obtaining the same. The financial market makes available every type of information without spending any money. In this way, the financial market reduces the cost of transactions.   Factors That Affect Markets Actions of investors: Individual, institutional and mutual fund investors all affect the prices of stocks, bonds, and futures, by their actions. For example, if a large number of people want to buy a certain stock its price will go up, just as if many people were bidding on an item at an auction. Business conditions: Both the condition of an individual business and the strength of the industry it is in will effect the price of its stock. Profits earned, volume of sales, and even the time of year will all affect how much an investor wants to own a stock. Government actions: The government makes all kinds of decisions that affect both how much an individual stock may be worth (new regulations on a business) and what sort of instruments people want to be investing in. The governments interest rates, tax rates, trade policy and budget deficits all have an impact on prices. Economic Indicators: General trends that signal changes in the economy are watched closely by investors to predict what is going to happen next. Indicators include the Gross National Product (how much production is going on in the country), the inflation rate (how quickly prices are rising), the budget deficit (how much the government is spending) and the unemployment rate. These indicators point to changes in the way ordinary people spend their money and how the economy is likely to perform. International events: Events around the world, such as changes in currency values, trade barriers, wars, natural disasters, and changes in governments, all change how people think about the value of different investments and about how they should invest in the future. Today, investments can be purchased around the clock. When the market opens in New York, the Tokyo market has just closed and the London market is half way through its trading day. When prices on one market change all other markets are affected.     SEBI (Securities Exchange Board of India) As part of economic reforms programme started in June 1991, the Government of India initiated several capital market reforms, which included the abolition of the office of the Controller of Capital Issues (CCI) and granting statutory recognition to Securities Exchange Board of India (SEBI) in 1992 for: (a) Protecting the interest of investors in securities; (b) Promoting the development of securities market; (c) Regulating the securities market; and (d) Matters connected there with or incidental thereto. SEBI has been vested with necessary powers concerning various aspects of capital market such as: (i) Regulating the business in stock exchanges and any other securities market; (ii) Registering and regulating the working of various intermediaries and mutual funds; (iii) Promoting and regulating self regulatory organizations; (iv) Promoting investors’ education and training of intermediaries; (v) Prohibiting insider trading and unfair trade practices; (vi) Regulating substantial acquisition of shares and take over of companies; (vii) Calling for information, undertaking inspection, conducting inquiries and audit of stock exchanges, and intermediaries and self regulation organizations in the stock market; and (viii) Performing such functions and exercising such powers under the provisions of the Capital Issues (Control) Act, 1947 and the Securities Contracts (Regulation) Act, 1956 as may be delegated to it by the Central Government. As part of its efforts to protect investors’ interests, SEBI has initiated many primary market reforms, which include improved disclosure standards in public issue documents, introduction of prudential norms and simplification of issue procedures. Companies are now required to disclose all material facts and risk factors associated with their projects while making public issue. All issue documents are to be vetted by SEBI to ensure that the disclosures are not only adequate but also authentic and accurate. SEBI has also introduced a code of advertisement for public issues for ensuring fair and truthful disclosures. Merchant bankers and all mutual funds including UTI have been brought under the regulatory framework of SEBI. A code of conduct has been issued specifying a high degree of responsibility towards investors in respect of pricing and premium fixation of issues. To reduce cost of issue, underwriting of issues has been made optional subject to the condition that the issue is not under-subscribed. In case the issue is under-subscribed i.e., it was not able to collect 90% of the amount offered to the public; the entire amount would be refunded to the investors. The practice of preferential allotment of shares to promoters at prices unrelated to the prevailing market prices has been stopped and private placements have been made more restrictive. All primary issues have now to be made through depository mode. The initial public offers (IPOs) can go for book buildingfor which the price band and issue size have to be disclosed. Companies with dematerialized shares can alter the par value as and when they so desire. As for measures in the secondary market, it should be noted that all statutory powers to regulate stock exchanges under the Securities Contracts (Regulation) Act have now been vested with SEBI through the passage of securities law (Amendment) Act in 1995. SEBI has duly notified rules and a code of conduct to regulate the activities of intermediaries in the securities market and then registration in the securities market and then registration with SEBI is made compulsory. It has issued guidelines for composition of the governing bodies of stock exchanges so as to include more public representatives. Corporate membership has also been introduced at the stock exchanges. It has notified the regulations on insider trading to protect and preserve the integrity of stock markets and issued guidelines for mergers and acquisitions. SEBI has constantly reviewed the traditional trading systems of Indian stock exchanges and tried to simplify the procedure, achieve transparency in transactions and reduce their costs. All stock exchanges have been advised to set-up clearing corporation / settlement guarantee fund to ensure timely settlements. SEBI organizes training programmes for intermediaries in the securities market and conferences for investor education all over the country from time to time.
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  • Jun 08, 2019
                               Data Protection Laws In India   Data Protection Laws in India   Data Protection refers to the set of privacy laws, policies and procedures that aim to minimise intrusion into one's privacy caused by the collection, storage and dissemination of personal data. Personal data generally refers to the information or data which relate to a person who can be identified from that information or data whether collected by any Government or any private organization or an agency. The Constitution of India does not patently grant the fundamental right to privacy. However, the courts have read the right to privacy into the other existing fundamental rights, ie, freedom of speech and expression under Art 19(1)(a) and right to life and personal liberty under Art 21 of the Constitution of India. However, these Fundamental Rights under the Constitution of India are subject to reasonable restrictions given under Art 19(2) of the Constitution that may be imposed by the State. Recently, in the landmark case of Justice K S Puttaswamy (Retd.) & Anr. vs. Union of India and Ors., the constitution bench of the Hon'ble Supreme Court has held Right to Privacy as a fundamental right, subject to certain reasonable restrictions. India presently does not have any express legislation governing data protection or privacy. However, the relevant laws in India dealing with data protection are the Information Technology Act, 2000 and the (Indian) Contract Act, 1872. A codified law on the subject of data protection is likely to be introduced in India in the near future. The (Indian) Information Technology Act, 2000 deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data. Under section 43A of the (Indian) Information Technology Act, 2000, a body corporate who is possessing, dealing or handling any sensitive personal data or information, and is negligent in implementing and maintaining reasonable security practices resulting in wrongful loss or wrongful gain to any person, then such body corporate may be held liable to pay damages to the person so affected. It is important to note that there is no upper limit specified for the compensation that can be claimed by the affected party in such circumstances. The Government has notified the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The Rules only deals with protection of "Sensitive personal data or information of a person", which includes such personal information which consists of information relating to:- Passwords; Financial information such as bank account or credit card or debit card or other payment instrument details; Physical, physiological and mental health condition; Sexual orientation; Medical records and history; Biometric information. The rules provide the reasonable security practices and procedures, which the body corporate or any person who on behalf of body corporate collects, receives, possess, store, deals or handle information is required to follow while dealing with "Personal sensitive data or information". In case of any breach, the body corporate or any other person acting on behalf of body corporate, the body corporate may be held liable to pay damages to the person so affected. Under section 72A of the (Indian) Information Technology Act, 2000, disclosure of information, knowingly and intentionally, without the consent of the person concerned and in breach of the lawful contract has been also made punishable with imprisonment for a term extending to three years and fine extending to Rs 5,00,000 (approx. US$ 8,000). It is to be noted that s 69 of the Act, which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of: the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal nature in any computer resource. Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.   Information Technology Act, 2000   The Information Technology Act, 2000 (hereinafter referred to as the "IT Act") is an act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternative to paper-based methods of communication and storage of information to facilitate electronic filing of documents with the Government agencies.   Grounds on which Government can interfere with Data   Under section 69 of the IT Act, any person, authorised by the Government or any of its officer specially authorised by the Government, if satisfied that it is necessary or expedient so to do in the interest of sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, for reasons to be recorded in writing, by order, can direct any agency of the Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. The scope of section 69 of the IT Act includes both interception and monitoring along with decryption for the purpose of investigation of cyber-crimes. The Government has also notified the Information Technology (Procedures and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, under the above section. The Government has also notified the Information Technology (Procedures and Safeguards for Blocking for Access of Information) Rules, 2009, under section 69A of the IT Act, which deals with the blocking of websites. The Government has blocked the access of various websites.   Penalty for Damage to Computer, Computer Systems, etc. under the IT Act   Section 43 of the IT Act, imposes a penalty without prescribing any upper limit, doing any of the following acts: 1. accesses or secures access to such computer, computer system or computer network; 2. downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium; 3. introduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network; 4. damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network; 5. disrupts or causes disruption of any computer, computer system or computer network; 6. denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means; (g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder; 7. charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network, he shall be liable to pay damages by way of compensation to the person so affected. 8. destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means; 9. steel, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used for a computer resource with an intention to cause damage.Tampering with Computer Source Documents as provided for under the IT Act, 2000   Tampering with Computer Source Documents as provided for under the IT Act, 2000   ction 65 of the IT Act lays down that whoever knowingly or intentionally conceals, destroys, or alters any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall be punishable with imprisonment up to three years, or with fine which may extend up to Rs 2,00,000 (approx. US$3,000), or with both.   Computer related offences   Section 66 provides that if any person, dishonestly or fraudulently does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Rs 5,00,000 (approx. US$ 8,000)) or with both.   Penalty for Breach of Confidentiality and Privacy   Section 72 of the IT Act provides for penalty for breach of confidentiality and privacy. The Section provides that any person who, in pursuance of any of the powers conferred under the IT Act Rules or Regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned, discloses such material to any other person, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs 1,00,000, (approx. US$ 3,000) or with both.
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  • Jun 07, 2019
    Fundamental Rights are guaranteed and protected rights to enforce the fundamental rights itself is a fundamental right under the Constitution. Article 32 gives protection to fundamental rights: The Constitution guarantees the right to move to Supreme Court for the enforcement of fundamental rights. The Supreme Court has power to issue direction or to orders or writ including writs in the nature of habeas corpus, mandamus, prohibition, quo-warranto and certiorari,whichever may be appropriate for the enforcement of any of the right conferred by this Article 32(2). Under Article 32(3) the power mentioned in Art 32(2) above can be exercised by any other court super powered by the Parliament.   Habeas Corpus This is a writ in the nature of an order calling upon the person who has detained another to produce him before the Court, in order to let the Court know on what ground he has been confined and to set him free if there is no legal justification for the imprisonment. In other words, by this writ the Court directs the person or authority that has detained another person to bring the body of the prisoner before the Court so that the Court may decide the validity, jurisdiction or justification of such detention.   Mandamus Mandamus means a command. It is an order issued by a court to a public authority asking it to perform a public duty imposed upon it by the Constitution or by any other law. A person whose right has been infringed may apply for a writ of mandamus.   Conditions for the issue of writ of mandamusinclude: The petitioner must have legal rights. Legal duty must have been imposed on the authority and the performance of the duty should be imperative. An application for mandamus must have been made in good faith and not for any ulterior motive.   Prohibition This writ can be issued against judicial or quasi-judicial authorities. when such authority exceeds its jurisdiction or tries to exercise jurisdiction not vested in it. A writ of prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise.  Grounds for issue of writ of prohibition: Absence of jurisdiction Violation of natural justice Ultra vires or unconstitutional acts Infringement of fundamental rights   Certiorari This writ is issued to an inferior court or any other authority exercising judicial or quasi-judicial functions to investigate and decide the legality and validity of the orders passed by it. Certiorari means to certify. It is required that the Judges of the inferior court to certify the record of any manner in that Court and send it to the superior court for examination. The writ of Certiorari can be exercised when there is an error of jurisdiction, error apparent on face of ground or violation of natural justice. The following conditions have to be met: The judicial or quasi-judicial body must have legal authority; Such authority must be an authority to determine questions affecting rights of subjects; It must have duty to act judicially; and It must have acted in excess of its authority   Quo Warranto It means what is your authority or show your authority. By issuing this writ the person concerned is called upon to show the Court by what authority he holds the office or liberty. If the holder has no authority to hold the office he can be ousted from its enjoyment. The object of the quo-warrantois to control executive action in the matter of making appointment of public offices against the relevant statutory provision. Conditions that need to be fulfilled are- Nature of the office must be public The office must be of substantive characters The office must be statutory or constitutional The holder must have asserted his claim to the office In conclusion, one of the important and fundamental maxims of law that writs ensure is Ubi jus ibi remediumi.e wherever there is a right, there is a remedy.
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