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Legal-Bytes

Personal laws

  • Constitution of India guarantees certain rights to its citizens which allow them a fair trial considering equality before law. Personal laws can cover various subjects which can be marriage, divorce, succession, maintenance, religion etc. which are guided by certain historic precedents. These laws are often legacy which is carried towards the current generation and depends upon past inclusions. In India, everyone belongs to different caste, religion and have their own faith and belief. Their belief is decided by the sets of laws. Personal laws also cover your fundamental rights which are covered under Article 12 to 36 of the Indian Constitution. Fundamental rights also cover certain basic, natural and inalienable rights. Rights to constitutional remedies under Article 32, which are also known as “highly cherished”, permit any citizen to approach the supreme courts for the enforcement of fundamental rights.  Writs moved the Supreme courts are defined under Article 32. Article 51 A defines roles and responsibilities for any citizen towards his/her country and its do and don’ts. Every individual should also be conscious about his fundamental duties towards the country.

 

Consumer Laws-

Consumer is the most important element for growth of any markets. Thus to protect the rights of the consumer, Consumer protection act was formulated in 1986. The act gives easy and fast compensation to consumer grievances and safeguards the consumer in any inadequacy and flaws in goods and services. The motive of this act was to avoid lengthy legal suits. The acts exhibits various features like Right to safety, Right to choose, Right to be informed, Right to consumer education, Right to seek compensation etc. against any deficient goods or services purchased by the consumer. Consumer can file a complaint with the specialized consumer courts were the complaints are entertained and disposed of. The consumer courts ensure for timely and effective administration and settlement of consumer disputes and matters connected therewith or incidental thereto. The central Authority may regulate the matters relating the violation of rights of consumers, unfair trade practices and false and misleading advertisements which are prejudicial to the interest of public and consumers and to promote, protect and enforce the rights of consumers.

 

Civil laws

Civil law is both a legal system and a branch of law. Civil law in is associated with Civil disputes which are not criminal in nature however, has caused you damage, losses which can be penalized by the court of law in form fines and severe punishments. Generally torts, trespass, financial disputes not criminal in nature, come under civil laws and can be prosecuted under the Civil Procedure Code which was first enacted in 1859 during British India. The present Civil Procedure Code was enacted in 1908 and has been amended two times since then. The Code was designed to facilitate justice and further ends not to penalize people with punishments and penalties but to trip up them from formulating behavior. The rules of pleadings under civil code are intended as aids for a fair trial and to reach for a particular decision given reasonable opportunities to both the sides. The Civil procedure code contains 158 sections; the first schedule contains 51 orders and rules. Appendices contain Model forms of Pleadings, processes, decrees, appeals, execution of proceedings etc. The results from Civil suits are called “decree” which means the formal expression of an adjudication which conclusively determines the rights of parties with regards to all or any of the matters of the suit which may be preliminary or final.

 

Criminal laws

Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. Criminal law covers offences against individual’s body, property, religion, sexual offenses, cheating, forgery, robbery, Dacoity, murder, abatement etc.

Crime is defined as an act punishable by law as forbidden by statutes or injurious to public welfare (Oxford definition). Offenses are whatever is prohibited by the legislature good or bad reasons. Criminal law is violation of public law which can be punishable as per statutes defined by the governance. In criminal law the accused person gets a fair trial in accordance with the accepted principals of natural justice. Every effort has to be made to avoid delay in investigation and trail which is harmful not only with the individual involved but also to the society. A preliminary enquiry is made which precedes the trail in session’s court. Summons in the forms of notices are sent to the accused and the persons involved in the sins that are called for a fair trial. In criminal laws offenses are “bailable” and non-bailable” in nature. Offenses are also termed as Cognizable and non-cognizable in nature for defining the reasons for arrest of the criminal. Criminal trails are been executed at Session courts, Metropolitan magistrate court, Judicial magistrate and Executive magistrate courts depending upon the cognize of the offense and jurisdiction of the crime.  The Criminal code also defines the procedures fir investigation in various types of offenses along with the procedures of “Bails and Bonds”

 

Intellectual property law

  • Intellectual Property (IP) law relates to the establishment and protection of intellectual creations such as inventions, designs, brands, artwork and music. These rights are established, protected, enforced and promoted through means such as patents (usually for such things as technical inventions) trademarks and logos which are the ownerships of the creator.

 

 

Cyber law

Cyber law also known as “internet law” is the area of law that regulates how electronic data can be exchanged between people and the ethical use of the internet. The Government of India has enacted an Information Technology Act 2000 (IT Act) with an objective to govern the usage of internet and create laws and guidelines on what to post and what not to.  The IT act has 13 chapters and 90 sections followed with few amendments.  The IT Act is supported by the Indian Evidence Act Reserve Bank of India Act and the Bankers Book Evidence Act which deals with the authentication of electronic records, electronics signatures and electronic evidences.

Any crime perpetrated through use computers, smartphones, internet and other related technology is covered under the IT act 2000. Cyber law too is protected by the Information technology act 2000 which provides guidelines on how to use and adhere with electronic devices and technology. The IT Act also covers punitive action  on cyber frauds, privacy, cyber-attacks malwares, etc.