DR ANUPAM KUMAR MISHRA

                                                       Types of writs. Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It is essential that these Fundamental Rights are protected and enforced as well. To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated. At the same time, the two articles give the right to the highest courts of the country to issue writs in order to enforce Fundamental Rights.                                                          Types of Writs There are five types of Writs as provided under Article 32 of the Constitution: 1. Habeas Corpus: It is one of the important writs for personal liberty which says “You have the Body”. The main purpose of this writ is to s

                     Cost, Insurance, Freight Contract (CIF) CIF Contract: CIF stands for “ Cost, Insurance, and Freight” This type of contract is quite popular in Mercantile Transactions. A contract on CIF terms means contract at a price to cover cost, insurance and freight. A CIF contract is one in which the seller agrees to sell the goods at a price which is inclusive of the cost of goods, insurance and freight.     The essential feature of CIF is the contract performance is satisfied by the delivery of document, and not by the actual delivery of the goods. A CIF contract is however not mere sale of documents, though the buyer has to pay against the delivery of documents. In other words, delivery of documents is only a symbolic delivery of the goods.      The CIF agreement is usable for transporting goods by sea or inland waterway, Usually the seller goes for this agreement, if they have direct access to the ship, and it is makes easier for seller to load the cargo onto the vessel.

 Our country India has the lengthiest written constitution in the world. In this, the rights of every person are kept in mind. However, the three organs of the State cannot make this country self-reliant until they get the proper support from the citizens as well. So certain fundamental duties are expected from the citizens to be carried out. In this article, we will discuss the Fundamental Duties which are expected to be carried out by the citizens of our country. It is a moral obligation on the citizens to maintain the feeling of patriotism and unity among all the citizens of the country. The fundamental duties which were added by the 42 nd Amendment Act of the Constitution in 1976, in addition to creating and promoting culture, also, strengthen the hands of the legislature in enforcing these duties vis-à-vis the fundamental rights. Part IVA of the Indian Constitution deals with Fundamental Duties. As of now, there are 11 Fundamental duties. Originally, the Constitution of India did

  Brief overview of IBC  The era before Insolvency and Bankruptcy Code (" Code ") in India had various disseminated laws relating to insolvency and bankruptcy which caused inadequate and ineffective results with undue delays, like for example, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Companies Act, 1956 for liquidation and winding up of the company, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for debt recovery by banks and financial institutions, Corporate Debt Restructuring, etc under RBI guidelines. The Board for Industrial and Financial Reconstruction under Sick Industrial Companies ( Special Provisions ) Act, 1985 which was set up for specific purpose to check the industrial sickness sadly also failed to address the issue, since defaulters escaped recovery action by lenders. Ineffective implementation, and time-consuming procedure in the aforementioned laws made the Bankruptcy Law Reform

 Capital Punishment is also known as a death penalty, execution of an offender sentenced to death after conviction of a criminal offence by a court of law. Indian Criminal justice system is one of the important parts of capital punishment. Evolution of Capital Punishment in India India retained the 1861 Penal Code at independence in 1947, which provided for the death penalty for murder. The idea of abolishing the death penalty expressed by several members of the Constituent Assembly during the drafting of the Indian Constitution between 1947 and 1949, but no such provision was incorporated in the Constitution. In the next two decades, to abolish the death penalty, private members bills were introduced in both Lok Sabha and Rajya Sabha, but none of them were adopted. It was estimated that between 1950 and 1980, there were 3000 to 4000 executions. It is more difficult to measure the number of people sentenced to death and executed between 1980 and the mid-1990s. It is estimated that two

  The Biodiversity act 2002 The Biological Diversity Act, 2002 was born out of India’s attempt to realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources. Biodiversity : Biodiversity means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of ecosystems. Biological Resources: The biological resources means plants, animals, and micro-organisms or parts thereof, their genetic material and by-products (excluding value-added products) with actual or potential use or value, but does not include human genetic material. The Biological Diversity Act, 2002: The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use, and enabling fair and equitable sharing benefits arising out of the use and knowledg

  Case analysis Rayland v Fletcher In cases of torts, the general rule is that the person who causes damage to other person either intentionally or via his negligence shall pay damages to the affected party. This rule however, if followed strictly leads to many problems. For example, if I bought an explosive material on my house to do some experiment and it explodes without my negligence or knowledge on its own. Can I Be held liable? Surely not, as there was neither any intention to cause harm nor any negligence is there. Thus, his rule is somewhat absurd. To solve the issues caused by this rule, the House of Lords in Rylands v/s Fletcher propounded a new rule called as “Rule of Strict liability” or “No Fault Liability”. According to this rule, a person can be held liable even there is no negligence on his part. Case Name: Rylands v/s Fletcher – Citation : UKHL 1, L.R. 3 H.L. 330. Judges : Lord Cairns and Lord Cranworth – Date of Judgement - July 17, 1868 Facts of the Case The defenda

  Section 34 of Indian Trademark Act Section 34 simply says even if a user has been using a trademark but has not get it registered before anyone else for a period of time It basically puts a limit to the registered trademark owner not to exploit the product of any of the user or similar product of user who has been using it prior to the registered user even though not registered  earlier than anybody else For example, if a particular trademark is being used by a person But that person has not registered it and a person with similar trademarks comes up in the market and gets it registered and it got registered to buy the trademark officer as there was no such registration details In this case the person who has not got it registered but is the prior user has the upper hand Some key points - The utilisation of the trademark should be constant The trademark should be used in order to gain profit by the owner The utilisation of the trademark should be prior to the trademark registered th