DR ANUPAM KUMAR MISHRA

  History and Growth of Consumer Protection Law By: Robin Pandey                                                                                              Date: 26/February/2022  The moment a person comes into this world, he starts consuming, He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumer in the literal sense of the term. When we approach the market as a consume we expect value for money, i.e., right quality, right quantity, right price information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated.  The Government understood the need to protect consumers from unscrupulous suppliers, a...

  MISTAKE OF FACT By: Robin Pandey                                                                                   Date: 26/February/2022 (Sections 76 & 79) The maxim lgnorantia Juris non excusat, Ignorantia facti excusat , is simple and intelligible enough. It is a general rule of English law that one must admit that ignorance of law could never be admitted as an excuse but ignorance of fact excuses all liability. Statutory Framework regarding Mistake of Fact. In Indian Penal Code Mistake of fact and mistake of law have been provided in Sections 76 and 79 . These two Sections can be conveniently considered together. “Section 76: Act done by a person bound, or by mistake of fact believing himself bound by law. Nothing is an offence which is done by a person who is, or who by...

  Comparison between The President and The Vice President of India President Basis of differentiation Vice president Must be a Citizen of India and at least 35 years of age. Must be qualified for election to the House of the People.  Must not hold office of profit under the Government of India or of a state or any other authority under the control of either governments, excepting the offices of President, Vice President, and governor of a state or Minister of the Union or of a State. Qualifications for election Must be a Citizen of India and at least 35 years of age. Must be qualified for election to Council of states. Must not hold office of profit under the Government of India or of a State or any other authority under the control of either governments, excepting the office of President, Vice President, Governor of a State or Minister of Union or of a State. Elected by an electoral college consisting of the elected members of both Houses of Parliament and Legislative Assembl...

  Vice President of India The Vice President of India is the second-highest ranking government official in the executive branch of the Government of India after the President. The Vice President also has the legislative functions of acting as the chairman of the Rajya Sabha.  The current Vice President of India is Muppavarapu Venkaiah Naidu who was elected on 2017.  Article 63 of the Constitution of India provides for a Vice President: “There shall be a Vice President of India”. While the Indian vice president could be elected for any number of terms, the constitution requires that the vice president must be a citizen of India. The qualifications of Vice President are the same as those of the president.  The Vice President acts as President in the event of the death, resignation, or removal of the President until a new President is chosen by the Electoral College.  The vice president may also act temporally as President during the absence or illness of the Presi...

  Unenforceable Contracts Unenforceable contracts are those contracts which are valid contracts but because of some technical defects are rendered unenforceable by law. For a contract to be deemed enforceable, certain conditions need to be met: Offer: An offer is a promise to do or abstain from doing something. It must be stated in such a manner that it would lead the individual receiving it to expect a contract arising from its acceptance.   Acceptance: When both the parties accept the terms by mutual assent.  Consideration: An exchange of something of value in exchange for contractual promises.  In case of an unenforceable contract, the court will not compel a party to act or compensate the other for not fulfilling the contract terms. A contract my be deemed unenforceable for various reasons. There are certain cases, in which some special requirements need to be met in oder to constitute a contract such as the contract must be attested or registered. If by eit...

  Interpretation of Secularism Introduction: The primary interpretation of secularism is that there is a separation between state and religion. Politics is considered a public domain and is needed to be separated from religion. There is no official religion of the sate. To take the example of France, in French secularism, there is a complete disjuncture between public life and religious life of people. The religious activities are confined to private sphere and it is considered a crime if a person displays his religion in public. Example: Muslim women are not allowed to wear Burkha outside their homes as it is considered public display of religion. Main Body: While talking about western secularism, where French completely discourage intermingling of state and religion, in America, as far as religion is concerned, there is demonstration of public liberty. There is no rule which prohibits display of symbols in public. On one hand, display of private life in public is allowed but on t...

  Rash and Negligent Act The Indian Penal Code section 304A deals with causing death by negligence or hasty action. This section states that if a person causes the death of another person via a careless or reckless conduct that does not amount to culpable murder, the offender will be penalised with a maximum sentence of two years in jail, a fine, or both. We must first comprehend the phrase negligent act in order to comprehend the entire notion presented in Section 304A. It became critical to have a thorough understanding of this phrase. In the legal world, "negligence" is defined as an act or omission that results in damage to another person's property. The phrase rash or hasty is used in this section of the Indian Penal Code. negligent act can be defined as an act that is the immediate cause of death. There is a difference between these terms( rash and negligent) also. By ‘rash act’ we mean any act which is done restlessly. By the term ‘negligent act’ we mean a breach ...