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The Indian Evidence (Amendment) Bill, 2016

The Indian Evidence (Amendment) Bill, 2016 was introduced in the Lok Sabha proposing to make changes to the Indian Evidence Act, 1872 to make it easier to deal with cases of cyber crime and custodial violence. An expert group constituted by the Ministry of Home Affairs (MHA) had made a number of recommendations, the foremost being an overhaul of the Act to make it dynamic.The committee headed by Dr. Gulshan Rai, National Cyber Security Coordinator, had suggested that while there had been a 50 per cent rise in cases of cyber crime in 2014 compared with 2013, the conviction rate had been quite low for want of evidence.[1] The Government after considering the suggestions of the Committee and also the experience gained by it, gave notice of amendments as approved by the Cabinet to the Lok Sabha. The Lok Sabha subsequently passed the Bill on 10th March, 2017 and it is now pending in the Rajya Sabha for consideration and passing. It was introduced in the Rajya Sabha by Mr. Husain Dalwai, representing Maharashtra in the Rajya Sabha.However instead of focusing on both cyber crime and custodial violence, it has only focused on the latter. There was sharp opposition in the Lok Sabha with regards to the drafting on cyber crime, as a result of which it was removed. The government has plans to introduce it subsequently, however the current Bill focuses only on custodial violence by police authorities.In its Statement of Objects and Reasons, the Bill states that as per data collected by the National Crime Record Bureau (NCRB) in the year 2013, 115 custodial deaths were reported across the country, followed by 93 in 2014 and 97 in 2015. It is astonishing to note that out of the 97 deaths in 2015, only 9, i.e. less than 10%, were natural deaths and the maximum were reported as suicides.[2] It is alarming that most of these deaths occur in police custody when such people have not been remanded by courts. People die in police custody before they can even be presented in a court of law. The criminal justice system is particularly slow to Act in such cases.

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/the-indian-evidence-amendment-bill-2016/

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Free Consent Essential for Contracting

According to the Indian Contract Act 1872, an agreement enforceable by law is a contract.[1] All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.[2]

Consent has been defined under S.13 as when two or more persons agree upon the same thing in the same sense.[3]For a contract to be valid under this Act, such consent must be valid and free, and the person consenting must be capable of doing so.

Under S.11 of the Act, every person is competent to contract who is of the age of majority according to the law to which he is subject[4], and who is of sound mind and is not disqualified from contracting by any law to which he is subject.[5]

Further, a person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his/her interests. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.[6]

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/free-consent-essential-for-contracting/

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War on terror and human rights: a vexed revolution

The revolution of Human Rights is as old as the most fundamental concept that became the most contradicting and conceptual view in today’s world, humanism. It was formed in order to protect the infringement of the basic personal rights of human beings. Human Right purely concentrates on the rule of law and democratic rights rather than the offense and crimes which cause distress to the public. Human Rights are relevant to terrorism as it concerns not only the rights of the victims but also the rights of the perpetrator as a human being. In order to protect the livelihood of the citizens as well as to not infringe the private rights of humans, the concept of Human Rights is given first priority.

The origin of Human Rights can be traced back to the oldest of the scripts, but to reach the world on a wider basis and on a global level the universal declaration of Human Rights was first established in 1948 which laid down that every nation should promote Human Rights as a rule of law in order to protect inherent dignity and inviolable rights of human beings. This principle was further adapted by many other nations, and they came together to make this concept to be recognized all around the world as it is of vital importance for the general public to know what factors affect their private rights and what does not affect their private lives.

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/war-on-terror-and-human-rights-a-vexed-revolution/

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Veto power

Veto refers to the power which is normally given to the executive branch of government. It refers to the power to stop or the ability of the organization to reject any legislation taken by legislative branch or passed by a majority in the legislative branch of government. Although in many countries this system follows but some countries like United State’s legislative assembly has the power to override this veto power of the executive branch. They can do so if Congress is able to override the veto by getting a two-thirds vote in its favor.

However, in modern days, most of the executive branches of the governments of the world enjoy four types of veto powers. Out of these four, the Indian President has been vested with three powers which are namely Absolute Veto, Suspensive Veto and Pocket Veto. The Indian President does not enjoy the power of Qualified Veto. It is, however, possessed by the American president. In this article, we will discuss the three veto powers of the President of India. When the President of our country has been forwarded a bill which was introduced and passed by both houses of the Parliament, he can do one of three things which are mentioned in Article 111 of the Constitution of India. These three alternatives are as follows:

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/veto-power/

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Character Merchandising

1. Introduction

Character merchandising is defined as the adaptation or secondary exploitation by the creator of the fictional character or by one or several authorized third parties. This exploitation is in relation to the essential personality features of the character such as name, image or appearance and is done to create an association between the products and such personality traits so as to create a desire in the minds of the customers to acquire such product or avail such service because of customer’s attachment with the character 1.

The personality features are, for example, the name, image, appearance or voice of a character or symbols permitting the recognition of such characters by public at large.2 Similarly, the secondary exploitation refers to a different way of using the character than its primary use or activity but such secondary exploitation will be dependent upon the primary use in a way that it will be impossible for secondary exploitation without the primary use.

Moreover, the term “character” includes both, fictional characters and real persons. Whereas in the case of real persons, there exist a problem of dual reputation, it means a person having a reputation of his own along with the character that is portrayed by him which has left a lasting impression on the minds of the people at large. Thus, it involves both celebrity as well as image merchandising.

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/character-merchandising/

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Restrains on Alienation of Property under Section 10

Ownership of property, be it private, collective, or common comes with certain rights and duties over the property. Property may be objects, land or real estate, or intellectual property. The complex juristic concept of Ownership, originating in the Ancient Roman Law denominated Ownership as Dominium meaning absolute right to a thing and Possession as Possessio implying only physical control over such thing. Various jurists have defined ownership in different ways and it is accepted that right of ownership is a complete or supreme right that can be exercised over anything. According to Hibbert, ownership involves four rights: Right of using the thing, excluding others from using it, disposal of the thing and destruction of the thing.[1] According to Paton, rights of an owner are power of enjoyment, right of possession, the power to alienate inter vivos etc[2]. Austin focused on three main attributes of ownership, namely, indefinite user, unrestricted disposition and unlimited duration.[3]

It is evident from jurisprudential view that free disposition of property is an important attribute and can be concluded that ownership of property carries with it certain basic rights, such as a right to have the title to the property, a right to possess and enjoy it to the exclusion of everyone else, and a right to alienate it without being dictated to, save in accordance with a provision of law. An absolute right to dispose of the property indicates that the owner can sell it for consideration or can donate it for religious or charitable purposes he may gift it to anyone, mortgage it or put it up for lease. Save with the help of law, no other person can interfere with this power or right of the owner or dictate to him, what should be the manner of alienation, should he alienate or not, or even what kind of use it should be put to. In short, this right of alienation, that is one of the basic rights of the owner, cannot be unreasonably encroached upon by anyone through a private agreement. This general rule is applicable despite there being an express contract to the contrary, and prevents the transferor from controlling the power of alienation of the transferee once the interest in the property is transferred.[4]

The Transfer of Property Act, 1882 (hereinafter referred as ‘the Act’) enunciates various rules relating to alienation of property under Sections 10 to 18. These sections put restrictions on alienation and insist on free circulation of property.

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/restrains-on-alienation-of-property-under-section-10/

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The Parliament of India

According to Article 79 of the Constitution of India, there shall be a Parliament of India which shall consist of the president and the two houses to be known respectively as the council of states and the house of the people.

Composition of Parliament of IndiaPresident

The president is not a member of either house of the parliament, yet he is an integral part of the Parliament and performs certain functions related to its proceedings. He summons the two houses of the parliament, dissolve the House of people and give assent to Bills.

Rajya Sabha

The Rajya Sabha or the Council of states is the upper house of the Union parliament. The maximum membership of the Rajya Sabha is fixed at 250 of whom 12 shall be nominated by the president and the remainder, i.e. 238 shall be representatives of the states and the Union territories.[1] The representatives of the states are elected by the members of the legislative assemblies in accordance with the system of proportional representation by the means of single transferable vote.[2] There presentation from the Union Territories are chosen as parliament may by law determine.[3] The 12 nominated members are chosen by the president from amongst the people having special knowledge or practical experience in literature, science, arts and social service. Rajya Sabha is a permanent house. It is not subject to dissolution.[4] Its members are elected for a period of six years but one-third of its members retire after every two years.

Lok Sabha

Lok Sabha is a popular house. Its members are elected directly by the people. The maximum number of membership of Lok Sabha is fixed at 550 out of whom, not more than 530 are elected by votes in the states and not more than 20 to represent the Union Territories.[5] The Lok Sabha shall continue for 5 years from the commencement of its first session. The president may, however dissolve it earlier. The Lok Sabha, whose life cannot continue beyond a period of 6 months after the proclamation of emergency cease to operate.

FOR FULL ARTICLE VISIT: https://lawtimesjournal.in/the-parliament-of-india/

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In case of a decree from a Court, the Court may require any person (known as the defendant) to pay any sum to the decree holder (or the plaintiff). In case the defendant fails to do so the Court can, in execution of its decree, attach the movable and immovable properties of the defendant and recover the amount due by disposal of these assets.

Sec.51 of CPC provides the following modes of execution of decrees subject to such conditions and limitations as may be prescribed.

(a) By delivery of any property specifically decreed;

(b) By attachment and sale or by the sale without attachment of any property ;

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