Know The Law India

In case of a Police Arrest Every Indian citizen must know the following GUIDELINES  LAID DOWN BY THE HON'BLE SUPREME COURT IN . D K BASU CASE The Hon'ble Supreme Court, in "D.K. Basu Vs State of West Bengal", has laid down  specific guidelines required to be followed while making an arrests, # The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations.  # The particular of all such personnel who handle interrogation of the arrestee must be recorded in a register. # That the police officer carrying out the arrest shall prepare a 'memo' of arrest at the time of arrest,  and  such memo shall be attested by at least one 'witness', who may be  either a member of the family of the arrestee OR a 'respectable person' of the locality from where the arrest is made. It shall also be counter signed by the arrestee and sh...

Important Legal contribution of Indian Freedom Fighter & Lawyer - 'Shri Vithalbhai Patel' He passed and fought for several bills and amendments. Vithalbhai played a prominent role in two bills on the Bombay provincial legislative council, "the Bombay District Municipal Act Amendment Bill" and "The Town Planning Bill" in 1914.  His most well known proposal for which he received praise was for the extension of primary education to municipal districts in the Bombay presidency outside of the city of Bombay in 1917. After a long battle, the bill was passed after several amendments and modifications. Throughout his time on the legislative council, he passed and fought for several bills and amendments on medical practice.  In a 1912 amendment to the Bombay medical act, he sought to register doctors for disciplinary action for malpractice.  This amendment did not include ayurvedic physicians.  In 1923 he was elected to the Central Legislative Assembl...

Prevention of Cruelty to Animals Act, 1960 Question : Can people who feed animals in their areas be stopped by Resident welfare Association, societies, or neighbours under the law? Answer: Article 51 A of the Constitutional Law of India, speaks about the duties of every citizen of India one of these duties include having compassion for living creatures. So the animals are protected under the Constitution. Article 19 of Constitution of India, deals with the right to freedom of expression and in this freedom comes right to profession, occupation, trade and business. Therefore it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation. Article 21, of constitution of India states the right to personal life and liberty. If someone wants to feed and provide shelter to dogs, he is at liberty to do so. Section 503, of the IPC, 1860 provides that intimidation is crim...

Air (Prevention and Control of Pollution) Act, 1981 Open burning of Garbage a major source of Air Pollution. In December 2016, The National Green Tribunal (NGT) ordered nationwide  ban on open burning of Garbage with penalty of upto Rs.25,000/- Disposal by burning of any type of solid waste at roadsides, or any private or public property is also prohibited as per BMC's Solid Waste Management Rules. Image Courtesy: TOI Source: https://m.timesofindia.com/city/mumbai/despite-ban-on-burning-waste-complaints-to-bmc-go-unheard/articleshow/80160632.cms

Consumer Cases on Banking The difference in the Interest paid to the 'Saving bank account' holder and the interest earned by the bank by lending his amount is the 'Consideration' for the Service of the bank.  It was held that a person holding a savings bank a/c with a bank would fall within the definition of consumer under the Consumer Protection Act Branch Manager, Canara Bank Vs. K.R. Hanumatha Rao - 1992(1) CPR 401 (SCRDC – Kar) The principles laid down by the various decisions of the Consumer Commissions and the Supreme Court and included in the compilation can be summarized as under: (i) Failure /Delay in repaying deposits Withholding of the amount due on a fixed deposit after its maturity, amounts to deficiency in service. Delayed payment of term deposits on maturity also amounts to deficiency in service. The principle applies to cases of inordinate delay in payment of proceeds of premature encashment of deposits as well. (ii) Payment and Collection of Cheques/Dra...

"Even a weak man can rule a stronger with the help of the law..." Our ancient 'Upnishads' mention the importance of Law. 'Brihadaranyaka Upanishad' (1 of 13 famous Upnishads in India), mentions: "Law is the power of the kingdom, nor is there aught higher than the law. Even a weak man rules a stronger with the help of the law...". Our Honourable Prime Minister Shri Narendra Modi ji explains this very nicely. Source & Courtesy: PMO India PM Modi's speech on National Law Day 2017. https://youtu.be/c9miHn61hT4

Indian Penal Code: IPC 166: Public servant disobeying law, with intent to cause injury to any person Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. IIIustration: A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. In a recent amendment in 2018, IPC 166A & IPC 166B, have been added to original IPC 166, It relates to non-registration of FIR & not following mandatory procedures in case...