DR ANUPAM KUMAR MISHRA

  WHAT IS MALICIOUS PROSECUTION?  BY SWATEE SHUKLA  Malicious prosecution involves carrying out unsuccessful criminal proceedings maliciously and without a reasonable and justifiable cause. When such a prosecution causes actual damage to the arty prosecuted, it is a tort for which he can bring an action. In the normal course of events, criminals and other wrongdoers are to be brought to justice through the institution of proceedings as provided by law. The law, however, forbids the misuse of this power of the institution of proceedings by wrongfully setting the law in motion for improper purposes. To prevent false and frivolous cases against innocent persons brought only in order to harass or annoy, an action for malicious prosecution is permitted. The term prosecution is not only limited to the stage of trial but also includes further stages such as appeal and revision.   A discussion on malicious prosecution involves two cases. The first case is where the plai...

  DOMAIN NAME PROTECTION- OISINI PODDAR AT LEXCLIQ Domain names are not protected by Indian law. Therefore, under the Trademark Law of 1999 and the Trademark Regulations of 2002, newly created domain names in India are protected by all individuals or companies. Internationally, domain names are registered as trademarks only by ICANN (Internet Corporation) for their assigned names and numbers. ) Organization. Internationally, domain names are protected as trademarks by ICANN, along with various international trademark treaties around the world and directly related national trademark law. After the domain name was registered as a trademark under the Trademark Law of 1999 (“Law”), the owner of the registered domain name has all the rights and powers enjoyed by the registered trademark owners of India. increase. Trademark protection is granted under the provisions of law, including the right to sue for infringement or disclosure. Any person who illegally uses a domain name that is vali...

  THE CHALLENGES OF THE AYODHYA DISPUTE- OISINI PODDAR AT LEXCLIQ From  when Vishva Hindu Parishad (VHP) led Silanius here on November 9, 1989, to Wednesday, August 5, , Prime Minister Narendra Modi placed a 40 kg silver block at the Lamb Shrine. Was built. started. Social, festive and political events. If Siranius marks the beginning of the end of parliament, the Ministry of Ramandir Bumipujan, India's leading ideological group, announces the rise of 's new government issues, which has taken over by the BJP. Court Struggle: No. was brought back to court, but then another court struggle began. The rooms of the three judges of the Allahabad High Court heard a verdict on liability for the land in dispute. The HC has asked the Indian Archaeological Research Institute (ASI) to confirm its location and whether it was formerly a sanctuary. There have been several ongoing consultation attempts, including the best Prime Minister Chandra Shekar and Prime Minister P.V. Narasin Harao. Re...

  RTI ACT The campaign for the Right to Information Grassroots organisations and civil society groups have campaigned for an effective national right to information law since the 1990s. However, it was only in 2002 that the Central Government finally took a step forward, passing the Freedom of Information Act 2002 (FOI Act). Unfortunately, the Act was never brought into force andpeople were never able to exercise their rights under the new law. In 2004, however, the newlyelected United Progressive Alliance (UPA) Government promised to make the right toinformation more “progressive, participatory and meaningful”.  The National Advisory Council (NAC) was set up to oversee the UPA Government’s promise and included key figures in the National Campaign for People’s Right to Information (NCPRI). In August 2004, based onsubmissions made by the NCPRI, CHRI, and other civil society groups, the NAC submitted a set of recommendations to the Government for amending the FOI Act. Drawing he...

  THE INDIAN CONTRACT ACT The Indian Contract Act brings among its reach the written agreement rights that are granted to the voters of India. It endows rights, duties and obligations on the getting parties to help them to with success conclude business- from existence transactions to evidencing the businesses of multi-national firms. The Indian Contract Act, 1872 was enacted on twenty fifth April, 1872 [Act nine of 1872] and later on came into force on the primary day of September1872. The essence of the India Contract Act has been modelled on it of country Common Law. The extent of modifications created within the Act as per the Indian conditions and its adaptability to the Indian economy is a crucial space of analysis. during this regard it's pertinent to note that since the enactment of the Act there are no amendments and therefore the Law that was created in 1872 still stands smart. During the complete ancient and medieval periods of human history in Bharat, there was no gener...

  Directive Principles of State Policy – By Isha  These Principles provide the Social and Economic Principles for the Indian Democracy and establishment of a Welfare state. Directive Principles of State Policy are provided in Part IV ( Articles 36 to 51) of the Constitution and are not justifiable. Article 36 states that “ the meaning of the State” is same as in Part III of the Constitution, Article 12 of Part III states that the “ the State includes the Government and Parliament of India and the Government or the Legislature of each of the states and all local or other authorities within the territory of India or under the control of Government of India. Article 37 provides the provisions contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it is the duty of State to apply these principles in making of laws. Their main thrust is towards making India a welfare state. ...

  Toxicology: Forensic toxicologists perform scientific tests on bodily fluids and tissue samples to identify any drugs or chemicals present in the body. Working in a lab, the forensic toxicologist performs tests on samples collected by forensic pathologists during an autopsy or by crime scene investigators. They use highly sophisticated instruments, chemical reagents and precise methodologies to determine the presence or absence of specific substances in the sample. As part of a team investigating a crime, a forensic toxicologist will isolate and identify any substances in the body that may have contributed to the crime, such as: Alcohol Illegal or prescription drugs Other chemicals Poisons Metals Gases, such as carbon monoxide The work requires patience and the ability to follow specific steps to achieve reliable results. The forensic toxicologist must document every step of the process and take care to follow rules regarding chain of custody for physical evidence. The field of f...