Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations and is set in the wider context of social history. Among certain jurists and historians of legal process it has been seen as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts, some consider it a branch of intellectual history. Twentieth-century historians have viewed legal history in a more contextualized manner more in line with the thinking of social historians.

They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyze case histories from the parameters of social science inquiry, using statistical methods, analyzing class distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, number of settled cases they have begun an analysis of legal institutions, practices, procedures and briefs that give us a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve.

India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization.[ii] Notwithstanding this, the development of ‘law’ as a profession is only a recent phenomenon. The Indian legal profession is one of the largest in the world and plays a vital role in the world’s largest democracy. While the roots of this profession lie before Independence, since then the profession has evolved immensely and currently faces various challenges; the most important being to provide access across the profession, ensure ethical foundations and modernize the practice across the board.

A well-organized and independent legal profession is an essential condition for proper administration of justice.[iii] It is also a necessary ingredient and guarantor of the rule of law.[iv] Its proper organization and maintenance of its independence are, therefore, necessary for a good and just society. This project, traces the history of our efforts in that direction. It will be too ambitious to trace that history from the time of ancient or even Muslim rulers because firstly, we have very little information about that and secondly, our present legal profession, like most of the other legal institutions, is based on the British model. Therefore, we trace the history of the Legal Profession in India form the advent of British rule.

The authors of the instant research hope that this piece of work provides the readers with a decent understanding of the history of the Legal Profession in India. The instant work shall give a brief highlight to the development of the Legal Profession in the world before addressing India.

CHAPTER 2

A BRIEF HISTORY OF THE LEGAL PROFESSION IN THE WORLD

The development of the legal profession has received a lot of attention from scholars. This can be seen in Paul Brand’s The Origins of the English Legal Profession (1992), and J.H. Baker’s The Legal Profession and The Common Law – Historical Essays (1986).  The eminent jurist Roscoe Pound also wrote The Lawyer from Antiquity to Modern Times (1953).

In Peter Coss (Ed.), Thomas Wright’s Political Songs of England (1996), the following verse occurs:

“Attorneys in country, they get silver for naught;
They make men begin what they never had thought;
And when they come to the ring, they hop if they can.
All they can get that way, they think all is won for them with skill.
No man should trust them, so false are they in the bile.”

2.1.      ANCIENT GREECE

The earliest people who could be described as “lawyers” were probably the orators of ancient Athens. However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a “friend” for assistance.[v] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[vi] Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice but was never abolished, which meant that orators could never present themselves as legal professionals or experts.[vii] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts.[viii] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome.

2.2.      ANCIENT ROME

A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.[ix] The ban on fees was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice openly—but he also imposed a fee ceiling of 10,000 sesterces.[x] This was apparently not much money; the Satires of Juvenal complain that there was no money in working as an advocate.[xi]

Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not law-trained.[xii] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[xiii] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[xiv] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[xv] Roman judges and governors would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions.[xvi] Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so “precise, detailed, and technical.”[xvii]

During the Roman Republic and the early Roman Empire, jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal.[xviii] Any citizen could call himself an advocate or a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire, the legal profession had become well-established, heavily regulated, and highly stratified.[xix] The centralization and bureaucratization of the profession was apparently gradual at first but accelerated during the reign of Emperor Hadrian.[xx] At the same time, the jurisconsults went into decline during the imperial period.[xxi]

In the words of Fritz Schulz, “by the fourth-century things had changed in the eastern Empire: advocates now were really lawyers.”[xxii] For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court.[xxiii] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teachers; and by the sixth century, a regular course of legal study lasting about four years was required for admission.[xxiv] Claudius’s fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi.[xxv] Of course, it was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction.[xxvi] The latter was cause for disbarment.[xxvii]

The notaries (tabelliones) appeared in the late Roman Empire. Like their modern-day descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and contracts.[xxviii] They were ubiquitous and most villages had one.[xxix] In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults.[xxx] Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon since they were paid by the line.[xxxi]

2.3.      MIDDLE AGES

After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: “[by 1140], no one in Western Europe could properly be described as a professional lawyer or professional canonists in anything like the modern sense of the term ‘professional.’ ”[xxxii] However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests.[xxxiii] From 1190 to 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself.[xxxiv]

The legal profession’s return was marked by the renewed efforts of church and state to regulate it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop’s courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237.[xxxv] During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts.[xxxvi] By 1250 the nucleus of a new legal profession had clearly formed.[xxxvii] The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission.[xxxviii] Although not adopted by the council, it was highly influential in many such courts throughout Europe.[xxxix] The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor’s court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath.[xl]

2.4.      LEGAL PROFESSION IN ENGLAND

In England, the admission of lawyers has been regulated since the middle of the 13th century.  In the late 13th century, three critical regulations were adopted[xli] – (a) the Statute of Westminster I, chapter 29 (1275); (b) The London Ordinance of 1280; and (c) the Ordinance of 1292, de Attornatis et Apprenticiis. During the medieval period, further regulations were enacted, called the Statute, 4 Henry IV, chapter 18 (1402) and the Ordinance, 33 Henry VI, chapter 7 (1455).  In addition, judges have always used their inherent power to control the admission of lawyers and check their misconduct.

2.5.      PROFESSIONAL CONDUCT AND THE LAW SOCIETY

The attorneys were expelled from the principal Inns of Court in the 16th century and in 1739 they formed a professional group called “Society of Gentleman-Practicers in the Courts of Law and Equity”.[xlii]  Thus the Law Society was born, though it was not until 1986 that the Law Society formed a committee to collect and draft principles of professional conduct.  Now there exists the Guide to Professional Conduct of Solicitors reflecting the ideals of modern solicitors as well.  Both branches of the English legal profession had the same core duties over the centuries of litigation: fairness, competence, loyalty, confidentiality, reasonable fees and service to the poor.

Nicholas, in Introduction to Roman law, stated that the Roman jurists were not paid for their work, but were supposed to function due to a keen sense of public service.  In Europe, lawyers were under an oath, which was an essence, a condensed code of legal ethics.[xliii]

In France, lawyers had to take an oath which included a pledge of care, diligence and an agreement to support only just causes.  In France, the oaths were taken by ecclesiastical lawyers and the French legal tradition had a lasting influence even outside France in Switzerland and other parts of Europe.[xliv]

The concept of a lawyer as an officer of the Court arises from the Roman idea of a lawyer being an ‘advocatus’, who when called upon by the praetor to assist in the cause of a client, was solemnly reprimanded to “avoid artifice and circumlocution”.[xlv]

CHAPTER 3

HISTORY OF THE LEGAL PROFESSION IN INDIA

3.1.      INTRODUCTORY

The Legal Profession is an important limb of the machinery for the administration of justice. Without a well-organized profession of law, the courts would not be in a position to administer justice effectively as the evidence in favor or against the parties to a suit cannot be properly marshaled, facts cannot be properly articulated and the best legal arguments in support or against the case of the parties cannot be put forth before the court. “A well-organized system of judicial administration postulates a properly equipped and efficient Bar.”[xlvi] It is, therefore, in the fitness of things to take note briefly of the development of the legal profession in India.

The history of the legal profession in India can be traced back to the establishment of the First British Court in Bombay in 1672 by Governor Aungier. The admission of attorneys was placed in the hands of the Governor-in-Council and not with the Court. Prior to the establishment of the Mayor’s Courts in 1726 in Madras and Calcutta, there were no legal practitioners.

3.2.      MAYOR’S COURT

In the Charter of 1726, which established the Mayor’s Courts at the three Presidency Towns, no specific provision was made laying down any particular qualifications for the persons who would be entitled to act or plead as legal practitioners in these courts. Presumably, it was left to these courts to regulate this matter by rules of practice which these courts were authorized to frame.[xlvii] No change was effected in this position when a fresh Charter was issued in 1753.[xlviii] No organized legal profession came into being in the Presidency Towns during the period of the mayor’s Courts.[xlix] They who practiced law were devoid of any legal training or any knowledge of the law. They had adopted the profession in the absence of anything better to do. Quite a few of these so-called lawyers were the dismissed servants of the Company.[l]

SUPREME COURTS

3.3.1. Regulation Act, 1773.

The first concrete step in the direction of organizing a legal profession in India was taken in 1774 when the Supreme Court was established at Calcutta. The Regulating Act, 1773, empowered the Supreme Court to frame rules of procedure as it thought necessary for the administration of justice and due execution of its powers. Under CI.11 of its Charter, the Supreme Court was empowered to approve, admit and enroll such and so many Advocates and Attorneys-at-law, as to the Court shall deem fit. Attorneys of record were to be authorized to appear and plead and act for the suitors in the Supreme Court. The court was to have the power to remove any Advocate or Attorney on a reasonable cause. No other person whatever, but Advocates or Attorneys so admitted and enrolled, were to be allowed to appear and plead, or act in the Court for or on behalf of such suitors.

Thus the persons entitled to practice before the Supreme Court could be Advocates and Attorneys. The term Advocate at the time extended only to the English and the Irish barristers and the members of the faculty of Advocates in Scotland. The expression “Attorneys” then meant only British Attorneys or Solicitors. As CI.11 of the Charter prohibited any other person whatsoever to appear and plead or act, it would appear that the Calcutta Supreme Court was, from its very inception, a completely exclusive preserve for members of the British legal profession, namely, the British Barristers, Advocates, and Attorneys. The indigenous Indian legal practitioner had no entry in this Court. The Charter of 1774 introduced the British system of legal practice in Calcutta.[li]

The similar position obtained in the two other Supreme Courts at Bombay and Madras. Thus, in the three Supreme Courts, the only persons who were entitled to practice were the British Barristers, Advocates, and Attorneys. The Indians had no right to appear before these Courts. This continued to be the position all through the existence of these Courts.

Under CI.11 of the Charter, the Supreme Court at Calcutta could admit Advocates and Attorneys who could “appear, plead and act for the suitors of the Court.” But, the Supreme Court provided for the Advocates and Attorneys to exercise the ordinary powers of their respective professions-Advocates having power to appear and plead and Attorneys to appear and act, for the suitors. Similar was the position in other Supreme Courts as well. Thus, the two grades of the legal practice became distinct and separate as they were in England. Commenting on the position prevailing at this time, the Supreme Court of India observed in Aswini Kumar Ghosh v Arbind Bose:[lii]

“Though the Supreme Court was given by the Charter Acts and the Letters Patent establishing them, power to enroll advocates who could be authorized by the rules to act as well as to plead in the Supreme Courts, Rules were made empowering advocates only to appear and plead and not to act, while attorneys were enrolled and authorised to act and not to plead. In the Sudder courts and the courts subordinate thereto, pleaders who obtained a certificate from those courts were allowed both to act and plead.”

3.4.5.   The Legal Practitioners Act,1846

The Legal Practitioners Act (1 of 1846), which was the first All-India law concerning the pleaders in the mofussil, made several important innovations, namely:

1) The office of the pleaders in the courts of the Company was thrown open to all persons of whatever nation or religion, provided he has duly certified (in such manner as directed by the Sadar Courts) to be of good character and duly qualified for the other office. Thus, religious test was abolished for enrolment as a Pleader.

2) Every barrister enrolled in any of Her Majesty’s Courts in India was made eligible to plead in the Sadar Adalats subject to the rules of those Courts applicable to pleaders as regards as language or any other matter.

3) Vakils were allowed freedom to enter into agreement with their clients for their fees for professional services. This Act is regarded as “the first charter of the legal profession”[lix] although it left unsolved the important question of the right of vakils to practice in the Supreme Courts.[lx]

The Legal Practitioners Act, 1853 (Act XX of 1853), declared every Attorney on the roll of any of Her Majesty’s Supreme Courts  to be entitled to be plead in any of the Company’s Sadar Adalat. The Barristers and Attorneys of the Supreme Courts were permitted to plead in the Company’s Adalat (subordinate to the Sadar Adalats) as well. Thus, while Barristers and practitioners were rigorously kept out of the three Supreme Courts. The reason was that the authorities held a poor opinion of the native lawyers and it was thought that appearance of English Barristers in the Company’s Adalats would improve the situation.[lxi]

The Act also did away with the system of compulsory attendance of the pleaders in the court to which they were attached. Henceforth no pleader was bound to attend in any court of company on any day fixed for the transaction of civil business or to notify the court his inability to attend unless he was employed in some business or cause which according to the court practice, might be heard or transacted herein on the day.[lxii]

3.4.6.   Pleaders, Mukhtars and Revenue Agents

For long there functioned non-licensed inferior grades of practitioners in the mofussil, known as mukhtars, who practiced in criminal courts as well as acted as solicitors for the pleaders. There also functioned revenue agents in revenue offices. All these were recognized and brought under control of the courts for the first time through the pleaders, Mukhtar, and Revenue Agents Act XX of 1865. The High Courts were authorized to make the rules for the qualifications, admission and enrollment of proper persons to be Pleader, Mukhters, for the fee to be paid for the examination, admission and enrolled. Revenue Agents who worked in the revenue offices and courts were also given status as legal practitioners by this Act. They were deemed to be the lowest in grade and did not play a significant part in the development of the legal profession.[lxiii]

3.5. HIGH COURTS

3.5.1.   Three Categories of Practitioners

In 1861, legislation was passed by the British Parliament to establish High Courts at Calcutta, Madras, and Bombay. At this time, there were in existence three bodies of practitioners in the Supreme Courts and, the Sadar Adalats-Advocates, Attorneys and Vakils. CI9 of the Letters Patent of 1865 of the High Court of Calcutta empowered the Court “to approve, admit and enroll such and so many Advocates, Vakils and Attorneys as to the said High Court shall deem fit.” These persons were “authorized to appear for the suitors of the High Court, and to plead or to act, or to plead and act for the said suitors, according to as High Court may by its rules and directions determine, and subject to such rules and directions.”[lxiv]

#legal#professiona

Clean, green and safe: 8 Indian beaches get coveted ‘Blue Flag’ tag, create record

NEW DELHI: India’s eight beaches have got coveted ‘Blue Flag’ certification – an international eco-level tag which is one of the world’s most recognised awards for clean, safe and environment-friendly beaches, marinas and sustainable boating tourism operators.

The eight Indian beaches which got this tag are Shivrajpur (Dwarka, Gujarat), Ghoghla

 (Diu), Kasarkod and Padubidri (karnataka)

Kappad (Kerala), Rushikonda (Andhra Pradesh), Golden Beach (Puri, Odisha) and Radhanagar (Andaman & Nicobar Islands).

The Blue Flag beaches are considered the cleanest beaches of the world. In order to qualify for this tag, 33 stringent criteria relating to environmental, bathing water quality, educational, safety, services and accessibility standards must be met by the beaches.

“It is an outstanding feat considering that no ‘Blue Flag’ nation has ever been awarded for eight beaches in a single attempt,” said Union environment minister Prakesh javadekar

 while announcing the decision of the International Jury.

He said, “This is also a global recognition of India’s conservation and sustainable development efforts… India is also the first country in the Asia-Pacific region which has achieved this feat in just about two years’ time.”

Union environment ministry had last month sent the list of these eight beaches to the International Jury, seeking Blue Flag certification which is accorded by the Foundation for Environmental Education (FEE), headquartered in Copenhagen, Denmark. The Jury, which takes a final call on this certification, comprises eminent members from the UN Environment Programme, World Tourism Organisation, FEE and IUCN.

Over 4600 beaches, marinas and boats from around 50 countries have, so far, got the Blue Flag certification. Spain has the highest number of Blue Flag tagged sites. India, which started working on getting the tag in 2018, has plans to expand the network of Blue Flag certification to 100 such beaches in the country in the next five years.

In order to achieve this goal, the environment ministry

 had last month launched India’s own eco-label ‘BEAMS’ (Beach Environment & Aesthetics Management Services) under its Integrated Coastal Zone Management (ICZM) project.

Besides the Blue Flag tag for its eight beaches, India has also been awarded a third prize by the International Jury under the “International Best Practices” for pollution control in coastal regions. The certification of this kind is considered important for tourism as this tag attracts both domestic and international tourists to these beaches.

As part of its pilot projects to embark on Blue Flag certification programme, India had initially identified 13 beaches which include Bhogave (Maharashtra), Kovalam (Tamil Nadu), Eden (Puducherry), Miramar (Goa) and Bangaram (Lakshadweep). But names of these five were subsequently dropped at the recommendation stage as Indian experts found one or the other relevant qualifying parameters missing at these beaches. “These five will hopefully meet the relevant standards ahead of the next round of recommendation,” said an official.
In Video : 8 beaches in India receive prestigious ‘Blue Tag’ certification

#water#beaches

https://www.livelaw.in/news-updates/up-family-court-directs-woman-to-pay-monthly-maintenance-to-husband-164909

• 

Advocates are part and parcel of the judiciary system. Their endeavors solve the conflicts in the society. Advocates defend the rights and liabilities. They hold important and unique place in the society. Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark.

Legal profession is regarded to be a noble one. A good advocate should possess some essential qualities and equipment. Justice ‘Abbot Parry’ qualifies the following qualities as “Seven Lamps of Advocacy”. They are (i) Honesty (ii) Courage (iii) Industry (iv) Wit (v) Eloquence, (vi) Judgment and (vii) Fellowship.

1)     Honesty

Honesty means the quality of straightforwardness; freedom from deceit, cheating or stealing and not telling lies. Honesty is the most important quality that an advocate should possess. His thoughts words and deeds should have sincere co-relation to each other with genuineness. An Advocate should be dependable reliable to everyone who seeks his advise and services. The nobleness of legal profession lies in honesty itself. An advocate should not do illegal practices. He should not do any act which will lead to professional misconduct. He should disclose the real facts and legal profession to his clients frankly. Honesty, integrity and character are inseparable. These there virtues together are essential for the success of an advocate. The great sages of law had sucked the law from the breasts of knowledge, honesty, gravity and integrity.

2)     Courage

Courage is the quality that enables a person to control fear in the face of danger, pain, misfortune, etc.; It is the duty of an Advocate to fearlessly uphold the interest of his client by all fair means without fear of any unpleasant consequences to himself or any other person. It is the knowledge and the skill of the Advocate  that gives him the necessary courage and confidence to present the case fearlessly and to uphold the interest of the client. Courage is as good a weapon in the forum as in the war camp, According to Charles Hutton’s. ‘He hath in perfection the three chief qualifications of an advocate; Boldness, — Boldness and Boldness’.

3)     Industry

Advocacy is needed a life of industry. An advocate must study his brief in the same way that an actor studies his part.  means hard work. Hard works is absolutely necessary for an Advocate. His knowledge of law should be up to date. He shall never be ignorant of the current law in force. He shall get acquainted with the latest law by systematic study. If one ignores the law, the law will also ignore him. That is why it is said that “law is the jealous mistress”. Lord Eldon Says, “An advocate must live like a hermit and work like a horse”. Advocacy is an intellectual profession. Intelligence and knowledge will be sharpened with hard-work and strenuous efforts.

4)     Wit

Wit means clever and humorous expression of ideas; liveliness of spirit. Wit flows from intelligence; understanding and quickness of mind. Wit lessens the work load of an advocate. So constant clash between them is common. Anxiety for a favourable verdict on the part of the lawyers; and perpetual worry for the pursuit of the truth on the part of the judges generate strain and tension.

It relaxes his mental strain. Often the wit of an advocate will turn a Judge from an unwise course, where Judgment, or rhetoric would certainly fail. The lamp of wit is needed to lighten the darkness of advocacy.

5)     Eloquence

The success of an advocate depends upon his eloquence. Eloquence means fluent speaking and skilful use of language to persuade or to appeal to the feelings of others. Fluent speaking impresses the listener. As advocate must be fluent, skilful in using appropriate words to impress the Court. Eloquence attracts the attention of the listener. Eloquence is related to the art of oratory. ‘Eloquence of manner is real eloquence’ and there is a physical as well as psychological side to advocacy.

Words are his keys of thoughts. Strong vocabulary gives him assurance, build his self confidence and build his personality. Words must be employed with eloquence. The art of persuasive and impressive speaking will give the desired result in his favour.

6)     Judgment

Judgment is an intellectual capacity, ‘the inspiration which enables a man to translate good sense into right action’. It means the ability to come to a sensible conclusion and make wise decisions at the relevant time in the proper way. It is on the basis of these conclusions he should employ the necessary facts and the techniques in the case which he is engaged. This quality is necessary from the beginning of filing the case till its final disposal. An Advocate must always anticipate all the possible moves of the other side and must develop the necessary presence of mind , alertness and tact to cope with any awkward situation of difficulty that may arise in the case.

Judge Abbot Parry has referred to judgment as one of the seven lamps; but he refers to it essentially as an intellectual capacity, ‘the inspiration’ which enables a mean to translate good sense into right action e.g. ‘seeing the right point of his case’ and the like.

7)     Fellowship

Fellowship means the membership in friendly association or companionship. Fellowship is exactly like great public schools, the boys of which have grown older, and have exchanged boyish for manly objects. In legal profession, one Advocate fights with another Advocate for justice before the learned judge. There may be controversies and contradictions in their contention relating to the case, but that shall never affect the fellowship. The Advocates should refer the opposite party’s Advocate as “Learned Friend” and the judge should be referred as  “Learned Judge”. In order to maintain the fellowship, the Bar Council of India  has laid down certain rules to be observed as the duty to colleagues. Among advocates, there is just the same rough familiarly, the general ardour of character, the same kind of public opinion expressed in exactly the same blunt, unmistakable manner. By keeping the lump of fellowship burning, advocates encourage each other by sharing the knowledge to walk in the light of the seven lamps of advocacy.

Tact

A new lamp was added by  K.V.Krishnaswamy Aiyer, in his book “Professional Conduct and Advocacy” adds one more lamp i.e. tact. Tact means handling people and situations skilfully and without causing offence. An advocate must be in a position to tackle and win his client, opponent party, opponent advocate in a smoother way. Many people of unequal ability have failed for want of tack. An advocate should not quarrel with Court or loose temper over trifle things in the Court and outside. Men of unquestioned ability have suffered for quarreling with the tribunal or for standing on their dignity over trifles, for getting their clients, or for losing their tempers; they are men of parts but more properly refers to the human side of putting into action the result of one’s judgment.

#advocates # laps

The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction. Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology. In short, cyber law is the law governing computers and the internet.

The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these governing mechanisms and legal structures come within the domain of Cyber law.

Cyber Laws in India prevent any crime done using technology, where a computer is a tool for cybercrime. The laws for cybercrime protects citizens from dispensing sensitive information to a stranger online. Ever since the introduction to cyber laws in India happened, IT Act 2000 was enacted and amended in 2008 covering different types of crimes under cyber law in India. The Act explains the types of cybercrime and punishment.

Cyberlaw in India is not a separate legal framework. Its a combination of Contract, Intellectual property, Data protection, and privacy laws. With the Computer and internet taking over every aspect of our life, there was a need for strong cyber law. Cyber laws supervise the digital circulation of information, software, information security, e-commerce, and monetary transactions.

The Information Technology Act, 2000 addresses the gamut of new-age crimes. Computer technology, mobile devices, software, and the internet are both medium and target of such crimes.

All Traditional criminal activities are such as theft, fraud, forgery, defamation, and mischief are part of cyberspace. These were addressed in the Indian Penal Code already.

Table of Content: 

1. Importance of Cyber Law in India
2. Types of Cyber Crimes
3. Evolution of Cyber Law in India
4. ​​The Need for Cyber Laws
5. What is the Information Technology Act, 2000?
6. How to Prevent Cyber Crime?
7. Frequently Asked Questions

Strong cyber Law was needed to address:

• Cyber Crimes
• Electronic and Digital Signatures
• Intellectual property
• Data Protection and Privacy

Importance of Cyber Law in India

Cyber laws in India or cybercrime law in India are important because of the prime reason that cybercrime act in India encompasses and covers all the aspects which occur on or with the internet -transactions, and activities which concern the internet and cyberspace.

“The Cyber Laws in India has paved the way for electronic commerce and electronic governance in the country by ensuring maximum connectivity and minimum cybersecurity risks. Also, enhancing the scope and expanding the use of digital mediums,” 

Types of Cyber Crimes

Different types of cybercrimes have different punishments in India.

• HiIdentity theft – When personal information of a person is stolen with the purpose of using their financial resources or to take a loan orcredit card in their name then such a crime is known as Identity theft.
• Cyberterrorism – When a threat of extortion or any kind of harm is being subjected towards a person, organization, group or state, it is known as the crime of Cyber Terrorism. Generally, it includes the well-planned attack strategies on the Government and corporate computer system.
• Cyberbullying – When a teenager or adolescent harasses,defames, or intimidates someone with the use of the internet, phone, chat rooms, instant messaging or any other social network then the person is said to be committing the crime ofCyberbullying. When the same crime is done by adults it is known asCyberstalking.
• Hacking – The most common cybercrime isHacking. In this crime, the person gets access to other people’s computers and passwords to use it for their own wrongful gain.
• Defamation – While every individual has his or her right to speech on internet platforms as well, but if their statements cross a line and harm the reputation of any individual or organization, then they can be charged with the Defamation Law.
• Copyright – With the massive surge in internet users, when the data/ information is distributed on all platforms, copyrighting your work aids you to restrict the use of your work. Any use of your copyrighted without your permission is a punishable offence.
• Trade Secrets – Internet organization spends a lot of their time and money in developing softwares, applications, and tools and rely on Cyber Laws to protect their data and trade secrets against theft; doing which is a punishable offence.
• Freedom of Speech – When it comes to the internet, there is a very thin line between freedom of speech and being a cyber-offender. As freedom of speech enables individuals to speak their mind, cyber law refrains obscenity and crassness over the web.
• Harassment and Stalking– Harassment and stalking are prohibited over internet platforms as well. Cyber laws protect the victims and prosecute the offender against this offence.

#internet #crime

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Amazon, is an American multinational technology company based in Seattle (seaport city on the west coast of United States), with 750,000 employees. It focuses on e-commerce, cloud computing, digital streaming, and artificial intelligence. It is considered one of the Big Four tech companies, along with Google, Apple, and Microsoft. It’s been referred to as “one of the most influential economic and cultural forces in the world.”

ORGANISATIONAL BEHAVIOUR

Organizational behavior is the study of both group and individual performance and activity within an organization.

This area of study examines human behavior in a work environment and determines its impact on job structure, performance, communication, motivation, leadership, etc.

It is the systematic study and application of knowledge about how individuals and groups act within the organizations where they work. OB draws from other disciplines to create a unique field.

For example, when we review topics such as personality and motivation, we will again review studies from the field of psychology. The topic of team processes relies heavily on the field of sociology.

ORGANISATIONAL BEHAVIOUR AT AMAZON

Amazon.com Inc. has an organizational culture that enables business capacity to respond to the demands of the e-commerce market. A company’s organizational or corporate culture sets the traditions and values that influence employees’ behaviors. For example, Amazon’s corporate culture pushes employees to go beyond traditional limits and conventions to develop bright ideas and solutions. As the world’s top-performing online retailer, the company continues to seek fresh talent. However, to maintain a capable workforce, Amazon must reinforce its organizational culture to shape the development of human resources for long-term competitive advantage.

DIVERSITY AND INCLUSION AT AMAZON

Amazon’s mission is to be the earth’s most customer-centric company, and this mission is central to our work in diversity and inclusion.

Diverse and inclusive teams have a positive impact on our products and services, and help us better serve customers, selling partners, content creators, employees, and community stakeholders from every background. We are constantly learning and iterating, whether through central programs or work within our business teams, through programs that are local, regional, and global.

REVIEWS OF AMAZON’S EMPLOYEES

I Researched on how the employees personally feels working at Amazon

ADVANTAGES THEY GET

So the Pros or Advantages that the employees feels they get working with Amazon are:

1. Good Scope Of Growth
2. Job Satisfaction
3. Salary increases after every 6 months
4. Compensation for IT
5. THEY gets free Beverages
6. They ensures all safety measures

DISADVANTAGES THEY GET

1 .They don’t get short breaks

2. Their managers are moody

3.They get repetitive work

4. Some employees feels location problem,distance is too long

5. Favourism

6. Workload

7. Very competitive work process (U can either shine or get stumbled by someone else

8.Not suitable for people lack of patience

9.Career growth inside the company has slowed down and for this reason many Employees left

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An Indian Constitutional jurist, a senior advocate in Supreme Court since 1971, and known as an Indian ‘Legal Legend’. Fali Sam Nariman was born on 10^th January 1929, in Rangoon, in a Parsi family, to Sam Bariyamji Nariman and Banoo Nariman. He had completed his schooling from, Bishop Cotton School, Shimla, and then went to St. Xavier College, Mumbai (then Bombay), from where he completed his B.A. (Hons.) in Economics and History.

After his graduation his father wanted him to sit in the Indian Civil Service Examination, but as he couldn’t afford it at that time so Fali chose law as his last option as a career and went to Government Law College, Bombay. In 1950, he stands first in the Advocate’s Examination and was awarded by the Kinlock Forbes Gold Medal and Prize for Roman law and Jurisprudence. Nariman started his law career as an advocate in Bombay High Court, where he practiced for 22 years and after that in 1971 was appointed as a senior advocate in the Hon’ble Supreme Court. Fali Sam Nariman had considered his senior’s senior, Jamsetjee Kanga as his mentor and said that he was like the father for him, Jamsetjee Kanga died at the age of 93 but he made him much inspired when at the age of 92 he told him that, he is still learning the law.

Nariman played an important role in the development of the Indian Constitutional Law, as he is India’s one of the most eminent constitutional lawyer and has argued many cases related to it. He remained the Additional Solicitor General from May 1972 and resigned from the post on 26th June 1975 at the time of emergency in the country. It happened then in 1999, that President Kocheril Raman Narayan, chose him as the member of the Rajya Sabha and he served for the period of full six years till 2005.

If we look upon the timeline of all his works and memberships then since1988 he remained the honorary member of the International Commission of Jurist and member of the London Court of the International Arbitration. In 1989, he has been selected as the Vice Chairman of the Internal Court of the Arbitration of the International Chamber of Commerce and in 1991 he was the President of Bar Association of India. In the year 1994, he served as the President of the International Council for Commercial Arbitration. Not only this, but he was also appointed to the United Nations Conference on Trade and Development in November 1999 and served as the Chairman of the Executive Committee of the International Commission of Jurist from 1995 to 1997.   

Nariman argued several cases in his career, in many he won and in many he lose, but as the time passes and shows us the reality, then it also makes us realize that how wrong we were in our decisions and makes us regret of them, in the same way, he also regrets his decisions in some of his cases. Nariman fought many major cases like Bhopal Gas Tragedy Case, Golak Nath Case, S P Gupta Case and TMA Pie Case which played an important role in marking the history and landmark decisions in the legal world of the Indian Constitution.

The contribution which was made by him in these cases has given a new way of functioning of the Indian Judiciary. The major changes which had been taken in the judiciary were regarding the appointment of judges.  He has also written various books on Indian legal and judiciary systems like  God save the Hon’ble supreme Court, India Legal System, Commentary on the Arbitration and Conciliation Act and also written his autobiography Before Memory Fades: An Autobiography.

He was been awarded by the Padma Bhushan in 1991, Padma Vibhushan in 2007 and the second-highest civilian award Gruber Prize for Justice in 2002. Also, he has been awarded the 19^th Lal Bahadur Shastri National Award for excellence in Public Administration in the year 2018.

https://www.livelaw.in/know-the-law/gst-detention-seizure-and-release-of-goods-conveyances-in-transit-under-section-129-of-cgst-act-162161

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Industrial uses Some industrial processes, notably in the semiconductor and pharmaceutical industries, need large amounts of very pure water. In these situations, feedwater is first processed into purified water and then further processed to produce ultrapure water. Other Uses Distilled or deionized water is commonly used to lead-acid batteries used in cars and trucks and […]

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A company is a separate legal entity as distinct from its members, therefore it is separate at law from its shareholders , directors , promoters etc and as such is conferred with rights and is subject to certain duties and obligations.

These central principles of company law were first laid down in very clear terms by the House of Lords in the case Salomon v Salomon & Company Ltd [1897] AC 2 .

The ruling outlined in part in the quoted text of the assignment from Lord Macnaghten’s ruling has several important consequences, not least that where the liability of the members is limited, they cannot, only in exceptional circumstances be held liable for the companies debts.

Under the concept of Limited liability the owners of the company under normal circumstances, are not answerable or responsible for the obligations of the company therefore making the owners/ shareholders liable only for the amount of their unpaid shares and not the obligations of the company.

The principle from the Salamons case firmly established that a company has a separate legal identity to that of its shareholders and has been applied over a wide range of cases.

Roundabout Ltd v. Byrne [1959] IR 423

The owners of a public house when in dispute with its employees, who had placed a picket on the premises transferred the pub to a company. The court held that the picket must be lifted as there was no dispute between the employees and the new owner , despite the fact that the ownership of the company was vested in the original owners of the pub.

Battle v Irish Art Promotion Centre Limited [1968] IR 252

The court held that while a human person can represent himself in Court , a legal person such as a company can only be represented by a Solicitor or Barrister.

The principle set down in Salomon v Salomon & Co is known as the Veil of Incorporation. However it is now been increasingly restricted in its application to an increased extent by leglislation in order to prevent the abuse of limited liability protection and to ensure that liability for tax is not being avoided.

The veil of incorporation may only be disregarded by the court in certain circumstances.

Re a Company(1985)[1985] BCLC 333

The court held that it would use its powers to pierce the corporate veil if it felt it was necessary to prevent an injustice.

The 3 main reasons why the veil may be lifted are

To enforce the provisions of the companies act

To avoid fraud, and

To deal with a group of companies

The corporate veil can be lifted in two ways

By a specific provision in leglislation

Bt the discretion of the Courts

1) Lifting the Veil by Leglislation

There are a number of Statutory provisions that have the effect of ignoring the separate legal existence of the company by attaching responsibility for the companies oblgations to its members, or in extreme cases, the Directors,

Under Section 36 Companies Act 1963 a reduction in the number of members of a company below the legal minimum – two in the case of a private company and seven in the case of a public company for a period of more than 6 months , then every person who is a member during that time who was aware of the definite will be held liable for the debts incurred by the company in that period.

Personal Liability for Taxation Offences –

Section 94 of the Finance Act provides that when a tax offence is committed by a company with the consent of a person within that company, that person may be subject to legal proceedings

Personal Liability for Fraudulent Trading

Section 297 Companies Act 1963 states that if in the course of liquidation a person knowingly was a party to carrying on any business of the company with the intention to defraud creditors or any other fraudulent purpose that they may be held personally liable without limit for the debts of the company .

Re Hunting Lodges Limited [1985] ILRM 75- The High Court held the directors and the purchaser of the main asset liable for the company’s debt after it transpired , the purchaser paid for the asset by way of 3 bank drafts payable to fictitious persons which were then deposited by one director in a building society.

Personal Liability for Reckless Trading

Section 297 Companies Act 1963 states that any person who was knowingly a party to carrying on any business of the company in a reckless manner ( it is a defence to have acted honestly and reasonably) they may be held personally liable without limit for the debts of the company

To recognise the existence of groups of companies

Under section 150 Companies Act 1963 if a company has subsidiary undertakings then consolidated group accounts must be prepared showing the profits and losses and assets/liabilities of the group. The corporate veil may be lifted to identify a holding/subsidiary company relatonship .

2) Lifting the Veil by the Courts

The Courts have a wide gambit in deciding whether to lift the corporate veil and it is not easy to extract a general principle ,however it is established that the Courts will not permit the Veil of Incorporation to be used for fraudulent purposes. In past decisions the Veil has been lifted in the following situstions

Implied Agency- where an agency relationship exists

Gilford Motor Company v Horne [1933] Ch 935 – the defendant entered into a non – compete agreement with the company in the event of his leaving. He sought to evade this agreement on leaving by forming a company with family members as directors and him as an employee. The courts lifted the veil.

Jones v Lipman [1962] 1 All ER 442, a house was sold to a newly formed company to avoid an order for specific performance given against him by selling the house to a company formed by by him . Russel J described the company as “ a device and a sham, a mask which he holds before his face in attempt to avoid recognition by the eye of equity.” The court lifted the veil.

Single Economic Entity-

Where the parent subsidiary relationship between companies in the same group is so interlinked that they should be treated as a single economic entity. The courts will lift the veil to relect the economic and commercial realities of the situation.

Powers Supermarkets v Crumlin Investments Ltd ( Unreported 22nd of June I981)-

A company held a lease with a restrictive covenant from a shopping centre company which precluded it from granting a lease to a competitor. The shopping centre was subsequently sold to a subsidiary of a rival business who then sold part of the freehold ( no longer leasehold) of the shopping centre to another subsidiary to allow it to trade on the site. The court held that although the newly formed subsidiary was not party to the contract with the restrictive covenant it was bound by the covenant because the court may “ treat two or more related companies as a single entity…… if this conforms o economic and commercial realities of the situation”.

Where the company was formed for fraudulent or illegal purposes, or for the avoidance of legal duties

Where the company is being used to perpetrate a fraud or an injustice against the minority shareholders.

Re Bugle Press Limited [1961] 1 CH 270

To establish the true residency of the company

Daimler v. Continental Tyre Company [1916] 2 ac 307

Under British wartime laws trading with the enemy was forbidden. The defendant owned monies to the plaintiff a British registered company, whose directors and shareholders were German. The court lifted the Veil and concluded that the Plaintiff was not obliged to pay the debt as this would constitute trading with the enemy.

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#company #members

The indicator for acidity and alkalinity is known as the pH value. A pH value of 7 means a substance is neutral. The lower value indicates acidity, and a higher value is a sign of alkalinity. 444 more words

Right pH value of Drinking Water???

The Companies Act, 2013 defines a prospectus under section 2(79). Prospectus can be defined as “any document which is described or issued as a prospectus”. This also includes any notice, circular, advertisement or any other document acting as an invitation to offers from the public. Such an invitation to offer should be for the purchase of any securities of a corporate body. Shelf prospectus and red herring prospectus are also considered as a prospectus.

Essentials for a document to be called as a prospectus

For any document to considered as a prospectus, it should satisfy two conditions.

1. The document should invite the subscription to public share or debentures, or it should invite deposits.
2. Such an invitation should be made to the public.
3. The invitation should be made by the company or on the behalf company.
4. The invitation should relate to shares, debentures or such other instruments.

Statement in lieu of prospectus

Every public company either issue a prospectus or file a statement in lieu of prospectus. This is not mandatory for a private company. But when a private company converts from private to public company, it must have to either file a prospectus if earlier issued or it has to file a statement in lieu of prospectus.

The provisions regarding the statement in lieu of prospectus have been stated under section 70 of the Companies Act 2013.

Advertisement of prospectus

Section 30 of the Companies Act 2013 contains the provisions regarding the advertisement of the prospectus. This section states that when in any manner the advertisement of a prospectus is published, it is mandatory to specify the contents of the memorandum of the company regarding the object, member’s liabilities, amount of the company’s share capital, signatories and the number of shares subscribed by them and the capital structure of the company. Types of the prospectus as follows.

• Red Herring Prospectus
• Shelf Prospectus
• Abridged prospectus
• Deemed Prospectus

Shelf Prospectus

Shelf prospectus can be defined as a prospectus that has been issued by any public financial institution, company or bank for one or more issues of securities or class of securities as mentioned in the prospectus. When a shelf prospectus is issued then the issuer does not need to issue a separate prospectus for each offering he can offer or sell securities without issuing any further prospectus.

The provisions related to shelf prospectus has been discussed under section 31of the Companies Act, 2013.

The regulations are to be provided by the Securities and Exchange Board of India for any class or classes of companies that may file a shelf prospectus at the stage of the first offer of securities to the registrar.

The prospectus shall prescribe the validity period of the prospectus and it should be not be exceeding one year. This period commences from the opening date of the first offer of the securities. For any second or further offer, no separate prospectus is required.

While filing for a shelf prospectus, a company is required to file an information memorandum along with it.

Information Memorandum [Section 31(2)]

The company which is filing a shelf prospectus is required to file the information memorandum. It should contain all the facts regarding the new charges created, what changes have undergone in the financial position of the company since the first offer of the security or between the two offers.

It should be filed with the registrar within three months before the issue of the second or subsequent offer made under the shelf prospectus as given under Rule 4CCA of section 60A(3) under the Companies (Central Government’s) General Rules and Forms, 1956.

When any company or a person has received an application for the allotment of securities with advance payment of subscription before any changes have been made, then he must be informed about the changes. If he desires to withdraw the application within 15 days then the money must be refunded to them.

After the information memorandum has been filed, if any offer or securities is made, the memorandum along with the shelf prospectus is considered as a prospectus.

Red herring prospectus

Red herring prospectus is the prospectus which lacks the complete particulars about the quantum of the price of the securities. A company may issue a red herring prospectus prior to the issue of prospectus when it is proposing to make an offer of securities.

This type of prospectus needs to be filed with the registrar at least three days prior to the opening of the subscription list or the offer. The obligations carried by a red herring prospectus are same as a prospectus. If there is any variation between a red herring prospectus and a prospectus then it should be highlighted in the prospectus as variations.

When the offer of securities closes then the prospectus has to state the total capital raised either raised by the way of debt or share capital. It also has to state the closing price of the securities. Any other details which have not been included in the prospectus need to be registered with the registrar and SEBI.

The applicant or subscriber has right under section 60 B(7) to withdraw the application on any intimation of variation within 7 days of such intimation and the withdrawal should be communicated in writing.

Abridged Prospectus

The abridged prospectus is a summary of a prospectus filed before the registrar. It contains all the features of a prospectus. An abridged prospectus contains all the information of the prospectus in brief so that it should be convenient and quick for an investor to know all the useful information in short.

Section 33(1)of the Companies Act, 2013 also states that when any form for the purchase of securities of a company is issued, it must be accompanied by an abridged prospectus.

It contains all the useful and materialistic information so that the investor can take a rational decision and it also reduces the cost of public issue of the capital as it is a short form of a prospectus.

Deemed Prospectus

When any company to offer securities for sale to the public, allots or agrees to allot securities, the document will be considered as a deemed prospectus through which the offer is made to the public for sale. The document is deemed to be a prospectus of a company for all purposes and all the provision of content and liabilities of a prospectus will be applied upon it.

Process for filing and issuing a prospectus

Application forms

As stated under section 33, the application form for the securities is issued only when they are accompanied by a memorandum with all the features of prospectus referred to as an abridged prospectus.

The exceptions to this rule are:

• When an application form is issued as an invitation to a person to enter into underwriting agreement regarding securities.
• Application issued for the securities not offered to the public.

Contents

1. HiName and registered address of the office, its secretary, auditor, legal advisor, bankers, trustees, etc.
2. Date of the opening and closing of the issue.
3. Statements of the Board of Directors about separate bank accounts where receipts of issues are to be kept.
4. Statement of the Board of Directors about the details of utilization and non-utilisation of receipts of previous issues.
5. Consent of the directors, auditors, bankers to the issue, expert opinions.
6. Authority for the issue and details of the resolution passed for it.
7. Procedure and time scheduled for the allotment and issue of securities.
8. The capital structure of the in the manner which may be prescribed.
9. The objective of a public offer.
10. The objective of the business and its location.
11. Particulars related to risk factors of the specific project, gestation period of the project, any pending legal action and other important details related to the project.
12. Minimum subscription and what amount is payable on the premium.
13. Details of directors, their remuneration and extent of their interest in the company.
14. Reports for the purpose of financial information such as auditor’s report, report of profit and loss of the five financial years, business and transaction reports, statement of compliance with the provisions of the Act and any other report.

An important step in formation of company is to prepare a document called memorandum of association. Section 2(56) defines it as the memorandum of association of the company as originally framed or as altered from time to time in pursuance of any previous company law or the present Act . Its importance lies in the fact that it contains the following fundamental clause which have often been described as the condition of the company’s incorporation :

1. Name clause ;
2. Registration office clause;
3. Object clause;
4. Liability clause;and
5. Capital clause.

Name clause

The first clause of the memorandum is required to state the name of the proposed company .A company ,being a legal person, must have a name to establish its identity .”The name of a corporation is the symbol of its personal existence .” Any suitable name may be selected subject ,however, to the following . The name should not be such as, in the opinion of the central Government , is undesirable. [s.4(2)] Generally , a name is undesirable when it is identical with , or too nearly resembles , the name of another company. The name should not indicate connection with or patronage of Government. The name should not be such that its use by the company will be an offence under any law. If the company is with ” limited liability” the last word of the name should be “limited ” and in case of private company “private limited”. This informs person contracting with the company that the liabilities of its members are limited. The Central Government may, however, permit aji company to drop the word “limited” from its name if it is a charitable company within the meaning of section 8.

Advance reservation of name :- A person may an application in a prescribed form and manner and on payment of prescribed fee for an existing name for the proposed company or for changing the name of an existing company S.4(4) Such name may be reserved for 60 days from the date of application. If no such company is formed , the reservation is to be cancelled and the application is to be punished with fine extending up to one lakh rupees . If the company is formed but particulars were wrong or incorrect , the company may be directed to change its name with in three months after passing an ordinary resolution, or the Government may take action for removing the company ‘s name from Register of companies or for winding up of the company S.4(5)

Use of the word “limited ” and publication of name :- what ever be the name of the company, if the liability of the members id limited, the last word of the name must be “limited ” , and in the case of a private company “private limited “.

Registered office

The second clause of the memorandum must specify the state in which the registered office of the company is to be situate . With in 30 days of incorporation or commencement of business , which ever is earlier, the exact place where the registered office is to be located must be decided and notice of the location much be given to the Registrar who has to record the same. All the communications to the company must be addressed to its registered office.

Change of registered office situation :- shifting of registered office from one state to another and alteration of object may affect not only the company’s shareholders, bit also its creditors, dealers and employees. That is why the object can be altered by a special resolution and the registered office can be removed from one state to another by a special resolution and sanction of the central Government. The central Government has to dispose of the application with in 60days .

A notice of any such change must be given to the Registered office within 30 days of the change.

Objects clause :- In object clause for what proposed the company is established. Objectives should not go beyond the doctrine of ultra vires.

ULTRA means beyond VIRUS means powers. An action outside the memorandum is ultra virus the company.

Liability clause :- state the nature of liability that the members incur .If the company is to be incorporated with limited liability, the clause must state that ” the liability of the members shall be limited by shares “.

This means that no members can be called upon to pay any thing more than the nominal value of the shares held by him,or so much there of as remains unpaid; and if his shares be fully paid – up his liability is nil. This clause state that the amount which every member undertake to contribute to the assets of the company in the e ent of winding up.

Capital:- The last clause state the amount of the nominal capital of the company and the number and value of the shares Into which it is divided public company must have minimum paid- up capital of five lakh rupees or such high amount as may be prescribed. A private company is required to have minimum paid- up capital of one lakh rupees or such higher amount as may be prescribed by its articles

ABSTRACT

The devastating impact of the novel corona virus pandemic on the healthcare sector of the country has prompted the search for novel devices and mechanism to mitigate the effect of this medical crisis. The digital healthcare industry is playing a significant role during this harsh time. India is the second-most populous country in the world and the lack of digital infrastructure has certainly posed difficulties in the growth of this industry. Undoubtedly, digital healthcare is capable of doing wonders, but at the same time, it also raises some issues related to data privacy and confidentiality. To tackle such problems, the Indian government has issued certain guidelines and regulatory policies. This article maps the impact of digital healthcare in the era of COVID-19, identifies hurdles in the growth of digital healthcare and deals with the legal and regulatory policies in this sector.

INTRODUCTION

Technology is increasingly spreading in the realm of social and medical health care. With the development and the evolution in information technology, the countries around the world are advancing speedily. Internet-enabled devices for medical observation and disease surveillance have rapidly gained acceptance.

Healthcare technology has come a long way since then and with each day passing, it is expanding the horizons and widening the scope and opportunities. It is not just premised upon ordinary technology but includes novel features too. Digital Health technology in India is rapidly advancing and has become a decisive pillar in providing exceptional care across the healthcare continuum in the country. It is based on the ever-rising amounts of data about people’s habits, their lifestyle, pathophysiological attributes and clinical histories. According to   the World Health Organization (WHO), digital health is a broad overarching term which includes telehealth, eHealth, genomics, artificial intelligence and several other emerging areas. As per the US Food and Drugs Administration (FDA), digital health encompasses categories such as mobile health (mHealth), telehealth and telemedicine, health information technology and personalized medicines. Thus, the term in itself possesses what we call an ‘evolving health data ecosystem’.

In this COVID-19 era, where almost all the hospitals and medical centres in the country are working round the clock for treating the COVID-19 patients, it is the digital health technology that is dedicated to save and help the suspected COVID-19 patients. The use of technology in the health sector is one of the most comfortable things that the doctors are experiencing today. The current global crisis has reopened the domain of ‘digital health’ by providing myriads of benefits to all the citizens.

DIGITAL HEALTHCARE IN CORONA TIMES

In this back-breaking times of unprecedented medical crisis, where it has become impossible to reach out to all the people in need of healthcare facilities, the strenuous efforts of the government are focused on the digital healthcare facilities to attenuate the effect of this pandemic. Amidst this chaos, one of the concerns of the government is regarding the suspected cases which can be broadly divided into two groups. Firstly, those people who have the concerned prodromes but the blood test reports are on hold. Secondly, the ones that came in contact with the positive patients but they have not been tested positive yet and are strictly advised to isolate. These people are required to visit the doctor daily until the final diagnosis report is out.

This makes even the doctors more exposed to the virus as on an average, 22% of the healthcare workers get infected by the virus. In several such cases, this complication has been deciphered with the introduction of virtual health care programs that are announced for the suspected people whose situation is not at all critical. An example of such virtual programs is the one developed by an acute care management firm,

Day To day Health, in Mumbai. This program involved an app that provides a virtual care team. In the present scenario of COVID-19, the Government of India has emphasized and actively promoted the use of digital health care as on 14th April, the Prime Minister urged the countrymen to download the Aarogya Setu app.This initiative of developing this application by the Ministry of Electronics and Information Technology along with a team of 20 experts, has been appreciated by the WHO and World Bank. The app has come into existence to link the common man with the essential health services and make them aware of the risks and advisories concerning the restrictions of COVID-19.7 Based on the health status of an individual, this app ‘Aarogya Setu’ executes a form of digital contract tracing.8 Although this app has been criticized on the ground of security by French ethical hacker Robert Baptiste, claiming that the security of 90 million Indians was at stake.9 Justice B.N. Srikrishna, the former Supreme Court judge, also stated that the government cannot make it mandatory for people to download the app as it had no legal backing.

However, this app has become the most downloaded healthcare app as it reached fifty million users in just thirteen days. Analysing the post lockdown scenario in the country, a significant number of hospitals have adopted to telemedicine and the registered medical consultants have opted for teleconsultation that has made the communication between the doctors and patients, safe and easier. The officials of major telehealth platforms like Practo and Apollo have confirmed that the number of queries on such platforms have increased by more than 50%.13 Thus, during this pandemic, mainstreaming the teleconsultation and virtual healthcare has turned out to be a very cathartic and transformative change adopted by the government and hospitals.

LEGAL AND REGULATORY FRAMEWORK

The health sector of the country is witnessing a real digital revolution with the embodiment of technology in all the processes. There is no doubt that the health sector is blooming and blossoming, however, at the same time, it is crucial to assure the citizens that their data is safe, secured and confidential. Currently, in India, the legal framework related to the digital health is regulated by the Information Technology Act, 2000

In the year 2018, the Indian Government proposed a bill for Digital Information Security in Healthcare Act (DISHA) which aimed at the establishment of National eHealth Authority (NeHA) and State e-health Authorities (SeHA) in the country. The purpose of DISHA was also to initiate a health information exchange and ensure data security, confidentiality, collection and transmission of the digital health data. The act defines the rights of the owners of health data and lists down the duties of the collector of the data. The breach of any of the provision of the act will be liable for strict actions.

INDIA’S NEW TELEMEDICINE GUIDELINES

The figures of the coronavirus positive cases in the country are mushrooming incessantly. As a result of which, on 25th March 2020, the Ministry of Health and Family Welfare has issued and approved

Telemedicine Practice Guidelines for allowing Registered Medical Practitioners (RMPs) to provide healthcare using telemedicine.18 These guidelines have been adopted as an amendment in the form of regulation to ‘Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002’ under the Indian Medical Council Act, 1956. These guidelines are needed to be followed by the RMPs while providing e-medicine or any consultation through technology to a patient where distance is a critical factor.

Before this, there was no specific legislation which dealt with the practice of telemedicine in the country. This is the first legislation on telemedicine. There are several acts and statutory guidelines but they primarily focus on the practice of medicine and the data privacy issue concerning digital health. According to the guidelines, RMPs are required to provide healthcare in the interest of people and their communities by using communication technologies and exchanging the required information to facilitate the process of diagnosis, treatment and prevention.  These guidelines have been issued keeping in mind several complications that are prone to arise while opting for digital healthcare in place of the traditional ones. RMPs are required to abide by the privacy and protection laws, Informational Technology Act, 2000, Indian Medical Council Regulations, 2002 and other law related to the data privacy and confidentiality of the patients. As per the guidelines, the prescription given by the practitioners is restricted to a certain category of medicines. The consent of the patient is mandatory while treating him and they must not be anonymous to each other. Further, through the usage of these guidelines, the principle of social distancing is also ensured. It will help in dealing with this outbreak and the present crisis by maintaining a safe distance between the patients and the Practitioners. In future, this will make the digital healthcare more approachable, economical and legally protected.

IMPEDIMENTS AND THE SOLUTIONS

The efforts of the government to uplift the digital healthcare from a nascent to a developing one should be applauded and praised. But there are enormous challenges that exist in this initiative of the government. One of the biggest hurdles in the growth of digital healthcare in India is the ever-growing population. With a population of 1312 million people and drastically increasing ageing population, the country is facing tremendous difficulties in the healthcare sector. The rank of the Also, the doctor population ratio in India is 1:1,457 which is extremely low as compared to the recommendation of the WHO i.e. 1:1,000.21 another problem is the lack of digital infrastructure and the lack of training provided to medical practitioners which are the essential requirements for the development of the digital healthcare industry. In India, the number of physicians and the practitioners, bed density, pharmaceutical personnel density is not up to the mark when compared with the standards of the WHO. The healthcare departments and their access are scattered and biased in different states of the country. The healthcare expenditure is also not enough to meet the requirements of all the citizens. With the digitization in the health sector, the expectations of the people are always high, demanding accessibility, connectivity and faster service 24/7. One of the other major issues that are required to be tackled by the government include the detection of the subsets that are at high risk of being infected by COVID-19. For that, the various governments all over the world are relying on Digital DHIS2 based solutions that make it easy to record the data of those travellers that enter their country, coming from at-risk countries. Governments are trying to engage with those agencies that are capable of developing such systems and with this, the process of detecting and reporting the COVID-19 patients would be accelerated.

There exists a dire need of increasing the investment in innovating digital healthcare, by the government. The concern of limited access has to be taken care of by providing internet connectivity in every part of the nation. For digital healthcare to play a catalytic role in perpetuity of safeguarding timely medication, the government needs to focus on increasing the medical practitioners and should urge the major medical companies to adopt virtual healthcare platforms. The Government must encourage such digital healthcare start-ups that possess the objective of innovating the present hospital information management systems through the use of technology.

CONCLUSION

The current global crisis has unravelled the infinite number of opportunities in augmenting the digital healthcare sector in the country. The current scenario of India itself speaks about how digital healthcare is playing an influential role in fighting against this draconian virus. Digitization in India has delineated the relationship between a patient and a physician and has ultimately changed the definition of healthcare. It will certainly guarantee a high grade of healthcare services and will become more accessible to the future generation.

The outbreak poses humongous challenges to the healthcare sector of the country. But the digital healthcare and the technology is successful in warring against COVID-19 by developing a novel diagnostic, a strong surveillance system, telehealth and mobile chatbots for spreading the information about the virus. Digital healthcare is no longer an alternative, but a compulsory requirement. Amidst this pandemic, one can say that health is wealth and technology being its greatest investment.

#nature#trees

Independence Day 2020: All you need to know about the history and significance of India’s 74th Independence Day

74th Independence Day 2020: India’s Independence Day reminds the country’s citizens of all the sacrifices the freedom fighters have made to secure the country’s future. Since its independence, India has made stellar progress in every field, including education, military and space programmes.

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Commemorating the nation’s independence from British rule, India will celebrate its 74th Independence Day this year, but with a slight twist. Owing to the ongoing coronavirus pandemic, there will be no social gatherings, instead, all states and government offices have been asked to webcast their events and celebrations.

Even the gathering at the Red Fort, where the flag is hoisted every Independence Day, will be limited. In lieu of the precautions taken, there will not be any grand performances with the military bands either. Ideally, the citizens across the country sing and dance on patriotic songs, hoist the tricolour flag and enthusiastically recite poems remembering the sacrifices of India’s freedom fighters.

History

For 200 years, Indians suffered domination of the British colonisers beginning in 1757. Their control over the country was gained by the victory of English East India Company at the Battle of Plassey.

Indian history is rid with famous events of retaliation and uprisings which eventually drove the Britishers out and forced former viceroy, Lord Mountbatten, to free India on August 15, 1947 after giving the mandate to transfer the power to Indians. The day also marked the partition of British-ruled India into two countries, India and Pakistan.

The British were successful with their divide and rule policy which led to violence between Muslims and Hindus. Owing to this unrest, a separate country was formed on the eve of August 14, 1947 after violent riots, mass casualties and the displacement of nearly 15 million people.

Significance

Independence Day is a reminder of the sacrifices of our valiant freedom fighters who stood up against the colonisers and even suffered harsh consequences unflinchingly, so that the later generations could breathe in free air. Slaving for 200 years and claiming back our country makes us marvel at the great leaders.

On August 15, 1947, the first Prime Minister of Independent India Jawaharlal Nehru unveiled India’s tricolour flag at the Red Fort in Delhi. This practice continues till date as along with the flag hoisting, the Prime Minister delivers a speech from the historic monument

A national parade by different battalions of the Indian Army bands follows. However, the Defence Ministry recently stated that due to widespread Covid-19 pandemic, the military bands are preparing their shows in advance. These are likely to be telecast on Independence Day instead of a live performance.

Kite flying is also celebrated as an event associated with Independence Day. People symbolise their patriotism for the country by using the flag in different sizes and also decorate their homes and belongings with the colours of the national flag. Indians living in other parts of the world also celebrate Independence Day, and several cities in the United States have declared India’s Independence Day, August 15 as India Day.

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#water#beach

Introduction

Taxation means the imposition of compulsory levies on individuals or entities by the government. Taxes are levied in almost every country of the world, primarily to raise revenue for government expenditures and to serve other purposes. Tax law is used as an instrument to impose the tax.

What is a Tax Law?

Tax law is a government document, numbering thousands of pages that detail the rules for individuals and businesses. Usually, the tax laws will be implemented through respective acts, rules & regulations, procedures, circulars, and orders. They must follow the law and be responsible for remitting a percentage of their income to the government.

Tax Laws in India

Tax laws in India are governed by both the Central Government and state governments. Some minor tax laws are governed by the local authorities such as the municipality and the local governments.

Direct Taxes in India were governed by two major legislations, Income Tax Act, 1961 and Wealth Tax Act, 1957. The new legislation, Direct Taxes Code (DTC), was proposed to replace the two acts. The idea of DTC dropped when the Wealth Tax Act was revoked in 2015.

Over the last few years, the Central and many state governments have undertaken various policy reforms and process simplification towards great predictability, fairness, and automation. The reforms have consequently lead to India’s meteoric rise to the top 100 in the World Bank’s Ease of Doing Business (EoDB) ranking in 2018. The Goods & Services Tax (GST) reform is one such reform to ease the complex multiple indirect tax regime in India.

Major Central Tax Laws are: 1. Income Tax Act 2. Customs Act 3. Central Goods & Services Tax Act (CGST Act) 4. Integrated Goods & Services Tax Act (IGST Act)

Major State Taxes are: 1. State Goods & Services Tax Act (SGST Act) 2. The Registrations Act (Stamp Duty & Registration)

The following are the authorities under the finance ministry, which oversees the implementation of direct & indirect tax laws in India 1. Central Board of Direct Taxes (CBDT) 2. Central Board of Indirect Taxes & Customs (CBIC

August 13 is Left-Handers’ Day, a day for left-handed people to forget about the right-handed world they live in.

Research suggest that between ten and twelve percent of the world’s population is left-handed and even though being left handed might mean struggling with right-handed scissors from time-to-time, there are plenty of reasons being a lefty is pretty cool.

Left-hand leaders

Though left-handers make up a small percentage of the world’s population, many have had very important jobs.

Several past US presidents have been left-handed, including Bill Clinton and Barack Obama.

In Britain, former prime minister David Cameron is left-handed, as was famous wartime PM, Winston Churchill.

Future King of England, Prince William is also left-handed.

William’s great-grandfather George VI was naturally left-handed too, but his father George V forced him to write with his right hand.

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When left isn’t right

Just like Prince William’s great-grandfather George VI, it wasn’t uncommon in the past for left-handers to be forced to use their right hand to do things.

Until recently in the UK left-handed people were historically forced as children to use their right hands for tasks where they would naturally use their left hand. This still happens in some countries now.

In many parts of the world, the left hand is considered unclean or rude to use. If you’re left-handed and visiting places like India, Pakistan, Bangladesh, Indonesia, Nepal and the Middle East, it’s thought of as rude behaviour to eat, pick up or hand over things with your left hand.

Even language proves that left-handers get a bad rap.

In French, “gauche” can mean “left” or “clumsy”. In English the word ‘left’ comes from the Anglo-Saxon word ‘lyft’, meaning ‘weak’. “Right” also means “to be right”.

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Lefties accused of witchcraft!

So, as we know for many cultures, being left-handed is considered to be a bad thing and historically that’s been the case too!

Left-handed people have been considered unlucky and even evil – the word “sinister” comes from the Latin word for left.

In Britain in the Middle Ages, lefties were associated with the devil and often accused of the crime of witchcraft, meaning they would get burned at the stake.

Thankfully, left-handers only have to worry about smudging their handwriting these days.

Some studies suggest more and more people are left-handed, but that’s probably because it was previously seen as such a bad thing so people didn’t admit to it.

Lefties accused of witchcraft!

So, as we know for many cultures, being left-handed is considered to be a bad thing and historically that’s been the case too!

Left-handed people have been considered unlucky and even evil – the word “sinister” comes from the Latin word for left.

In Britain in the Middle Ages, lefties were associated with the devil and often accused of the crime of witchcraft, meaning they would get burned at the stake.

Thankfully, left-handers only have to worry about smudging their handwriting these days.

Some studies suggest more and more people are left-handed, but that’s probably because it was previously seen as such a bad thing so people didn’t admit to it.

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The left and right side of the brain

The brain is cross-wired, meaning that the right side controls the left side of the body and vice versa.

Scientists at the University of Oxford say that the brains of left-handed people work differently than right-handed people.

In a study, the brain was monitored in left-handed participants. Scientists say the two sides of the brain were better connected in lefties and more co-ordinated, particularly in the areas that involve using language.

Chris McManus, from University College London, author of the book Right Hand, Left Hand says:

“If you are left-handed you might find yourself with a slightly unusual way your brain is organised and suddenly that gives you skills that other people don’t have.”

It’s often claimed that left-handed people are more likely to be creative and good at art or music. However there is not enough scientific evidence to prove this so far.

However, some famously creative left-handers include: Lady Gaga, Angelina Jolie, Caitlyn Jenner, Justin Bieber and Simpsons creator Matt Groening (that’s why Bart Simpson writes with his left-hand).

#write #hands

1. If property is ancestralUnder the Hindu law, property is divided into two types: ancestral and self-acquired. Ancestral property is defined as one that is inherited up to four generations of male lineage and should have remained undivided throughout this period. For descendants, be it a daughter or son, an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.

2. If property has been self-acquired by fatherIn the case of a self-acquired property, that is, where a father has bought a piece of land or house with his own money, a daughter is on weaker ground. The father, in this case, has the right to gift the property or will it to anyone he wants, and a daughter will not be able to raise an objection.

3. If father dies intestateIf the father dies intestate, that is, without leaving a will, all legal heirs have an equal right to the property. The Hindu Succession Act categorises a male’s heirs into four classes and the inheritable property goes first to Class I heirs. These include the widow, daughters and sons, among others. Each heir is entitled to one part of the property, which means that as a daughter you have a right to a share in your father’s property.

4. If daughter is marriedBefore 2005, the Hindu Succession Act considered daughters only as members of the Hindu Undivided Family (HUF), not coparceners. The latter are the lineal descendants of a common ancestor, with the first four generations having a birth right to ancestral or self-acquired property. However, once the daughter was married, she was no longer considered a member of the HUF. After the 2005 amendment, the daughter has been recognised as a corparcener and her marital status makes no difference to her right over the father’s property.

5. If daughter was born or father died before 2005
It does not matter if the daughter was born before or after 9 September 2005, when the amendment to the Act was carried out. She will have the same rights as a son to the father’s property, be it ancestral or self-acquired, irrespective of her date of birth. On the other hand, the father has to have been alive on 9 September 2005 for the daughter to stake a claim over his property. If he had died before 2005, she will have no right over the ancestral property, and self-acquired property will be distributed as per the father’s will.