DR ANUPAM KUMAR MISHRA

  Classification of Law According to Blackstone, “Law in its most general and comprehensive sense signified a rule of action and is applied indiscriminately to all kind of action whether animate, rational, irrational. Thus we say the laws of motion, of gravitation, of optics or mechanics as well as the laws of nature and of nations.” Before understanding the classification of law we need to understand the Definition of law. The explanation differs from person to person and it may be seen from the different angle, and one angle does not take the view of the other. For a lawyer, the parameter of law is largely about cases. On the other hand, it is all about justice to be done in good conscience. Law is defined by different jurists on basis of its ‘nature’, ‘sources’ and in term of effect in the society and unless all the elements are taken into consideration it will not make a perfect definition of law.  Importance of Classification of Law For a proper understanding of the law, it is ne

  Injuria sine damno Injuria sine damno means violation of a legal right without causing any harm, loss or damage to the plaintiff. There are two kinds of torts:  Firstly, those torts which are actionable per se, i.e., actionable without the proof of any damage or loss. For instance, trespass to land is actionable even though no damage has been caused as a result of the trespass.  Secondly, the torts which are actionable only on the proof of some damage caused by an act. Injuria sine damno covers the first of the above stated cases. In such cases, there is no need to prove that as a consequence of an act, the plaintiff has suffered any harm. For a successful action, the only thing which has to be proved is that the plaintiff's legal right has been violated, i.e., there is injuria. Ashby v. White1 is a leading case explaining the maxim injuria sine damno. In this case, the plaintiff succeeded in his action, even though the defendant's act did not cause any damage. The plaintiff

  Hussainara Khatoon V State of Bihar : Case Analysis Background of Hussainara Khatoon v State of Bihar The then prevailing laws in India permitted that, in case of commission of an offence, only the victim or a relative of the victim could file a petition before the court. Ignoring this mandate, a writ of  habeas corpus  came before the Supreme Court of India, filed by Pushpa Kapila Hingorani, along with her husband, Nirmal Hingorani. Kapila was an Indian lawyer who wanted to bring forth the conditions of the undertrial prisoners of Bihar, which had been highlighted earlier in an article published in the Indian Express in 1979. The article read about how the undertrial prisoners were serving in prison and under what conditions, with some of them serving for more than their actual span of imprisonment. The  writ of habeas corpus  is instituted so that a person is protected from unlawful incarceration, i.e. the custody of such a person has to be proven in order to hold him/her further.

  2G spectrum Case Study Beginning of the Case A.Raja communication and IT minister in the year 2007-2009 government of congress. He allocates 122 licences of 2G spectrum in the year 2008 with the fixed price option and he made a condition which favors some telecom companies. He sold the licence with a very low price and without any rules and regulations. He reduces the deadline of application of 2G spectrum 01.10.2007 to 05.09.2007 due to the reduction of date so many companies did not apply for 2G spectrum and on the date of issuing the licence that is 10.01.2008 he gave only some hours to the companies for the submission of the cheque and other documents. The companies which were favored by the Raja were ready with their cheque and other documents. On 16.11.2010 comptroller and auditor general of India gave their report and tell Raja did not take any advice from Law and Finance ministry. What are the Charges on Former Telecom Minister A Raja Cheap Telecom Licenses Entry fee for 2G s

                                                   Rights of a Child  Children’s rights   are human rights that are accustomed explicitly to the   children   needs, wants and overall well-being. They take into account their fragility, specificities and age-appropriate requirements. Children’s rights aim to take into account the necessity of the development of a child. India, in its bid to become an ethical labour market to international corporations in 1991, ratified the United Nations Convention on the Rights of the Children in 1992.               Child rights go beyond just human rights, which exist to ensure fair and proper treatment of people across the world, and promote their well-being. Children, defined as any person under the age of 18, need more than just human rights due to a set of unique needs stemming from their vulnerabilities. What Is Child Protection? UNICEF considers child protection as the prevention of or responding to includes commercial sexual exploitation, traffi

 Corruption laws in India Public servants in India can be penalized for corruption under the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. The Benami Transactions (Prohibition) Act, 1988 prohibits benami transactions. The Prevention of Money Laundering Act, 2002 penalises public servants for the offence of money laundering. India is also a signatory (not ratified) to the UN Convention against Corruption since 2005. The Convention covers a wide range of acts of corruption and also proposes certain preventive policies. In 2021 their Corruption Perceptions Index ranked the country in 85th place out of 180, on a scale where the lowest-ranked countries are perceived to have the most honest public sector. Various factors contribute to corruption, including officials siphoning money from government social welfare schemes . Examples include the Mahatma Gandhi National Rural Employment Guarantee Act and the National Rural Health Mission. Other areas of corruption include I

  CASE COMMENT ON  KERALA UNION OF WORKING JOURNALISTS V/S UOI INTRODUCTION  India was placed 142 in the world press index for 2020, down two places from its 2019 level. According to the Free Speech Collective, 67 journalists were detained in 2020. Many of them were charged with felonies such as sedition and the Unlawful Activities Prevention Act (UAPA) legislation, which make bail extremely unlikely. One of the most controversial cases in recent memory is Kerala Union of Working Journalists vs. Union of India. Siddique Kappan, a Kerala-based news reporter, was detained on October 5, 2020, as one of many journalists detained last year. In Mathura, Uttar Pradesh, he and three other males were apprehended. . In the middle of the outrage over the rape and death of a young Dalit girl in Hathras, Uttar Pradesh, Kappan was detained while on his way to cover the story. FACTS OF THE CASE  Kappan was allegedly travelling to Hathras to stir disturbance and communal conflict, according to the hef