Social media censorship and regulations.

Introduction

Social media is both a boon and a bane in today’s time. Many people use Social Media as a mode of entertainment whereas many people make it as their career. People show their talent for fame and as well as money. As there is huge number of people of people in the social media, it is very important to make the community free from negative and explicit content.

Need for Social Media Censorship and Regulations

It is very important to have a clean and positive social media environment as there are also children in the social media and explicit content can have negative impacts on their brain which effects their development and upbringing. Certain censorships and regulations help to curb the content that can have harmful effect on the society as well as for the safety and security of the nation.

Provisions

In India there are certain provisions which govern the content which is posted in the social media platforms. Also the social media platforms have their own guidelines to maintain a clean environment in the community. Under Information Technology Act, 2000 sections 67, 67A, 67B, and 69A deals with the social media content. The provisions enshrine that;

67 – If anyone posts or shares any obscene content through electronic form, he will be punished under this Act.

67A – This provision deals with publishing or sharing sexually explicit content.

67B – This section deals with the involvement of a child in any sexually explicit manner through the electronic medium.

69A – This section gives the authority to block access of any content to public if the content aims to; go against the sovereignty and integrity of India, or can disturb security of the state, or can harm the defence of India, or disturbs friendly relation with foreign states, or breaches public order, or incites violence.

Conclusion

Hence it can be concluded that there are several laws in India which safeguards the social media environment to harm the public order or the national safety. It is also important for individuals to be aware of such type of content which can be harmful for the society and report them.

The Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

Hence it can be concluded that there are several laws in India which safeguards the social media environment to harm the public order or the national safety. It is also important for individuals to be aware of such type of content which can be harmful for the society and report them.

Right to Information Act 2005 and Its Role in Democratic
Governance

Introduction

India is the biggest democratic state in the world. In a democratic republic it is very important that public should have the right to ask questions, criticize and to know everything that they deserve to know. Right to Information Act, 2005 deals with the provisions which direct the public authorities to provide information to the public to ensure transparency in the system.

Provisions

Different provisions under the RTI Act enumerate the provisions relating to the publishing of the required documents in the public domain for ensuring accountability and transparency in the system. Section 4 of the RTI Act states that every public authority should keep their tasks and information organized and up to date and should share these information with the public with regular intervals. The information includes;

1.     Particulars of the authority,

2.     Its functions and duties,

3.     Functions and duties of the officers,

4.     The decision making processes and rationale behind it, etc.

These information are to be given to the public through notice boards, newspapers, internet, etc, the authorities should also try to keep all these data in an electronic format to make it easier for the public to access.

Section 5 of the RTI Act, 2005 says about the appointment of public information officers and their respective functions.

Important role in Democracy

Right to information act plays a very crucial role in democracy. The public holds the right to be informed and to ask question regarding the work needs to be done by the public authorities. The RTI Act gives that right to public to access any required information regarding the working of any of the public authority or the rules and regulations or any kind of relevant information.

Conclusion

Hence, it can be stated that the intention of legislature for establishing the Right to Information Act, 2005 was to preserve Democracy and ensure accountability and transparency in the structure and give people the right to know and to be informed, which is also a fundamental right of every individual enshrined under Article 19(1) in the Constitution of India.

The Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

Qualifications to become civil judge, District Judge and High Court Judge

Introduction

Being a judge in India is considered as a very prestigious job. The post of a judge also contains responsibilities and an oath to provide justice. If someone wants to become a judge in India there are certain qualifications that he has to surpass. For getting enrolled with the judiciary is a dream of many law students. The qualifications for becoming a judge in India are explained hereunder.

Required Qualifications

There are certain qualifications for becoming a judge in India, the eligibility criteria includes;

(i)                Must be a citizen of India

(ii)             Must have a law degree from a recognized University

(iii)           Must be of a good moral character  

After complying with these eligibility criteria, one can sit in the examination of Judicial Services Examinations or the Provincial Civil Service Judicial Examination (PCS J), the age limit for the examination can vary from state to state but an average age for giving the examination is 23 to 35 years of age. The examination is conducted in three rounds; Prelims, Mains and Interview.

Appointment as a Judge

After clearing the examination the candidate have to go through a judicial training. After complying with the procedures, one is appointed as a junior civil judge and it will take almost 10 years of service to be promoted to a senior civil judge and again after 10 or 12 years of service, he or she will be promoted as a District Judge. And after serving as a District Judge, through regular promotion based on seniority and merit, a District Judge is promoted as a High Court Judge.

Provisions

Article 233 of the Constitution of India enshrines provisions regarding appointment of District Court judges, whereas Article 217 of the Constitution of India deals with the appointment of High Court Judges.

Article 233 – This article states that the appointment and posting of a district judge will be done by the governor of the state with consultation with the judge of the high court of that state.

Article 217 – The president appoints the judge of the high court with consultation with Chief Justice of India, Governor of the state and the Chief Justice of the High Court of that state.

Conclusion

The judicial hierarchy enshrines that for promotion the seniority and merit is taken into consideration. To become a judge, one shall have the quality of impartiality and analytical thinking. A judge should also have strong emotional control to give a fair and justifiable decision.

The Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

Overtime Policies under Labor Laws in India for Private &
Government employees

Introduction

In India many people do overtime jobs to earn more than the normal wage for the well being of them and their family. Overtime basically means when a worker works more than the assigned working hours and receives extra remuneration for working in those extra hours. This concept of overtime helps people to earn more money by working extra hours to live a good life.

Provisions Governing Overtime

In India basically the concept of overtime is governed by the Factories act, 1948. The Factories Act, 1948 also enumerates the premises which will be governed under the provisions of this act, any premises where 10 or more than 10 people are employed with the aid of power or 20 or more people are employed without aid of power, where any manufacturing process is conducted, will come under the ambit of this act.

The Factories Act, 1948 also states the maximum working hours for the employees under section 54 of the act states that daily working hour cannot exceed more than 9-hour, Section 51 of the act speaks about the maximum working hours in a week which is 48 hours.

Section 59 (1) of the Factories Act, 1948  states that when any worker works more than nine hours a day or 48 hours a week, he will be entitled to  get overtime pay for the extra hours worked. The wage for extra job will be calculated as twice the normal wage. For example, if a person earns 200 Rs per hour and works 9 hours a day then he will be earning 1800Rs and if he works overtime extra 2 hours, then he will get twice the normal wage which means he will get 400Rs for each extra hour which is (2 * 400) which means his total wage for the day will be (1800 + 800) which will be 2600Rs.

Conclusion

Hence it can be concluded that the overtime wages are the reward for the extra work done by the worker. The overtime wages are basically twice the amount of the normal wages because it is for the appreciation of the efforts and hard work of the worker.

The Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

ence it can be concluded that the overtime wages are the reward for the extra work done by the worker. The overtime wages are basically twice the amount of the normal wages because it is for the appreciation of the efforts and hard work of the worker.

Impleading petitions in civil cases.

Introduction

The concept of impleading petition is enshrined the Code of Civil Procedure, 1908. The principle of impleading petition is basically used for adding a new party in a suit. The concept of impleading petition is essential to give relief to all the parties involved in a suit.

Provision

Order 1 rule 10 of the CPC, 1908 gives the power to the court to add a party to a suit at any stage of the proceedings, if the court thinks that presence of that party is important for fair adjudication of the suit , then court can add the person or and organization as a party to a suit. This can help to give relief to every effected person in a suit.

Judicial Interpretations

The court in various judgments had upheld the concept of impleading petition. In the case of Kasturi vs. Uyyamperumal and others (2005) 6 SCC 733, the honorable court has given two grounds for determining “Necessary Person” to a suit, it enumerates two grounds for deciding necessary person, which are;

(i)                There must be some right to relief against such person regarding the controversies involved in the suit.

(ii)             If the court thinks that the presence of such person will help in the fair adjudication of the matter and without adding such person the adjudication cannot be done.

Conclusion

Hence, it can be concluded that the concept of impleading petition carries a very significant principle which is essential for the sake of justice, equity and good concise. As the grant of impleading petition depends on the discretion of the court, the court has the responsibility to grant such petition if it is necessary for fair pronouncement of the decision.

In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

How Cyber security firewall and data privacy is important for companies.

Introduction

With the rise of internet and technology in recent times, many new things came into existence, such as Artificial Intelligence, Computational Intelligence, etc. Technology pressed positive impacts in today’s era. But as every coin has two sides, the affects of technology also gave rise to new crimes and malice. The technology is used as a weapon to breach others right and intervene into others privacy.

Cyber security firewall and data privacy.

Companies and business in today’s time uses different digital tools to store their data and information. These data can contain financial statements of the company, trade secrets, contracts or any kind of information which are confidential for the businesses and hence they bear a right of privacy. Breaching the data privacy can largely affect the business and can also lead to severe loss of the company.

Hence, data privacy is a very serious concern for business, and this data is basically protected by Cyber security firewall. The Cyber security firewall acts as a digital wall which prevents the data to be accessed by unauthorized users. The cyber security firewall inspects every data passing through the system and analyze that if it sets with the pre defined sets of elements or not, and protects malicious data from entering into the system. These firewalls are used by various companies to safeguard their data from possible cyber threats.

Provisions governing the ambit

In India, with incline of the digital era several data protection laws has been enacted and various provisions have been established. The Information Technology Act, 2000 also enshrines provision for breaching of confidential data. Section 72 of the IT Act, 2000, states that if any person has the access to any data without the consent of the person concerned, and if he discloses that data to any other person then he will be liable under this act.

Also a recent law was enacted for the safety of the personal data, which is known as the Digital Personal Data Protection Act, 2023, this is the first law on India which is made to govern the security concerns of the personal data.

Conclusion

Hence, it can be concluded that the firewall is a very significant tool used for data protection and privacy, although firewall does not give a 100% protection from cyber threats but still it gives a primary protection to the data and with the evolution of technology more stringent laws and complex system for data protection will be made.

The Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns. 

Difference between Civil & Criminal Defamation cases and filling procedures.

Introduction

In ancient times Defamation was governed under Gautam Dharma Sutra  in India which explained that when a shudra abuses a person of a twice born cast, he will be punished. Defamation also has its origins from Ancient Rome, England and Germany. In modern time the offence of defamation in India is governed by both criminal and civil law. If any person, by words, or by writing, or publishes, or by visual representation, expresses any false statement with regards to any person, having knowledge that this statement will lead to harm the repute of the person, is said to have committed the offence of defamation. The ambit of defamation also covers a dead person.

Provisions

In civil law defamation is explained under the law of tort, and it is considered as a tort. The person aggrieved from defamation can file a civil suit under section 19 of the Code of Civil Procedure; 1908.The civil suit for defamation is basically for monetary compensation, whereas the aggrieved party can also file a petition for defamation under criminal law if he wants to go for the grant of punishment to the offender. The sections which deal with defamation under criminal law are Sections 499 and 500 of the Indian Penal Code, 1860.

Key Differences between Criminal Defamation and Civil Defamation

The basic key differences between civil and criminal defamation are ; Criminal defamation comes under the ambit of Criminal law in India whereas the civil defamation comes under civil law. The initiation of criminal defamation is done by filing a petition mentioning 499 and 500 of IPC; on the other hand the initiation of suit in case of civil defamation is conducted by filing a civil suit under the CPC. Another most important difference between criminal defamation and civil defamation is in the terms of relief; in case of criminal defamation the intention is to punish the offender, whereas in civil defamation the main objective is to get monetary compensation.

Exceptions of Defamation

As to the definition of defamation there are certain exceptions to the offence. These includes; If the statement which is expressed is true in nature and only recognizes true facts and no false claims, then it will not come under the ambit of defamation, further there are certain privileges given to some people in respect to defamation, such as the speaking in parliamentary meeting do not constitute defamation, and there are certain other exceptions such as the if the statement is made for public safety it will not amount to defamation, etc.

Conclusion

Hence, it can be concluded that both criminal and civil defamation are different in nature and also in terms of initiation and relief, the intention of legislature for keeping this dual nature of the offence must be to give more relief options to the public.

 In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

We additionally offer legal assistance in an extensive spectrum of concerns.

Definition and limitations of a Sale agreement?    

Introduction

A sale agreement is a legal document which is made between the parties to a agreement of sale of any property. This agreement is essential for creating legal obligations on the parties to perform their duties as prescribed under the sale agreement.

Contents of the Sale Agreement

The sale agreement includes information which is essential to the sale of the property, such as name of both the parties, description of the property which includes all kinds of information regarding the property, date of transfer of possession and ownership, the agreed price , etc. These descriptions and information are mentioned to build a consensus among the parties, that they are aware of every fact of the agreement in the same sense.

Provision

There are certain acts which deal with sale of property in Indian Legal System. The sale of movable property is governed by the Sale of Goods Act, 1930 whereas the sale of immovable property is dealt by the Transfer of Property Act, 1882. In case of immovable property Section 54 of the Transfer of property act states that if there is a sale of any immovable property which has worth more than one hundred rupees, then it has to be registered. Hence these provisions guide the sale agreement and its enforceability.

Limitations to a Sale Agreement

If the terms of the agreement are breached or there is a default in the performance then the limitation period will be governed by the Limitation Act, 1963. The limitation act enshrines the provisions as; if there is a suit to be filed for recovery of the advance paid for an agreement, the limitation period for filing of such suit is three years. Further for a suit to be filed for specific performance, the limitation period for filing the suit is 3 years from the date of performance and if the date of performance is not mentioned then the limitation period will be three years from the neglecting of the performance.

Conclusion

Hence, it can be concluded that a sale agreement is legally binding document which contains all the information regarding sale of any property. This agreement constitutes legal obligations on the parties to the agreement, which can be enforced through different authorized legal provisions.

In India it is considered with importance, for which the stringent framework to ensure that the process is ethical, transparent and maintain the protection of each people’s well-fare. Also the Online Legal Query here has participates to help the aggrieved through the experienced senior advocates and legal team to be able to guide in the proper path to meet with their ultimate fairness.

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WHETHER MOTHER-IN-LAW CAN FILE DOMESTIC VIOLENCE CASES AGAINST HER OWN DAUGHTER-IN-LAW

-Kishan Dutt Kalaskar

INTRODUCTION: - The families in India are as big as they complicated to asses one by one. The family disputes between are not uncommon. One pertinent legal question that arises is whether a mother-in-law can file domestic violence cases against her daughter-in-law. The term “domestic violence” encompasses physical, emotional, verbal and economic abuse. These blog explores through the probable chances which is suitable for this situation.

GROUND: - There are certain circumstances, where the mother-in-law can seek redressal, such as-

·        There are any bodily harms or injuries.

·        Existence of any psychological distress or verbal abuse such as, insults, ridicule, humiliation, or threats etc.

·        If the mother-in-law is getting deprived from financial resources or property.

PROVISION: - There are some legal assistances which can be useful to proceed, which are-

1.     Under Protection of Women from Domestic Violence Act, 2005 [DV Act] section 2(a), defines “aggrieved person” as any woman who is, or has been suffering domestic violence while she is in a domestic nexus with the abuser.

2.     Also, section 12 of above mentioned Act allows an aggrieved person to present an application to the magistrate seeking one or more reliefs.

3.     Section 18 of the DV Act, 2005 provides for protection orders.

4.     Section 19 of the said Act, 2005 provides for residence orders.

5.     Section 20 of the above mentioned Act, 2005 provides for monetary reliefs.

6.     Section 22 of the mentioned Act, 2005 provides for compensation orders.

7.     Also, one can seek remedy by using constitutional rights such as, article 21, article 14 etc.

CASE LAW: - There are some important landmark cases which has created aspects towards this topic such as, in the case of Kusum Lata Sharma v. State & Anr. (2011) the Supreme Court held that a mother-in-law could file a complaint against her daughter-in-law, if she is subjected to domestic violence. Another case is Biju Sreenilayam v. Raji (2014)in which the High court retaliated that the mother-in-law could seek relief under the DV Act if there is sufficient evidence of domestic violence.

CONCLUSION: - The protection in respect of women from domestic violence Act, 2005, provides a strong framework for addressing the violence, especially within families. It is crucial to understand that the law is designed to protect all women, including mother-in-law from abuse, which also have explained through this brief. It ensures the steps for the purpose to act as a safeguard towards the well-being of elderly people as to protect the natural justice.

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REMEDIES FOR EMPLOYEES OF MNC COMPANIES IF TERMINATE FORCIBLY

-Kishan Dutt Kalaskar

INTRODUCTION:-MNC or multinational corporation is also known as multinational enterprises or multinational organizations. It is the type of company which conducts through more than one country and has a central or main office in one country and co-ordinates all its other additional offices or subsidiaries in other country. MNCs have advanced strategythat has the target to increase the benefits to the maximum apex through across the countries. It shares sources such as trademarks, patent, currency, credits etc. The growth of this also tremendous, they can also invest in developing economies to gain access to affordable materials and etc.But alongside of its remarkable positive sides there are number of issues which has been addressed, out of them one is the forciblytermination of employmentwhich is also comes under as constructive dismissal.

KEY ASPECTES :-The illegal termination particularly arises when it is forcibly vested upon the aggrieved employee, specifically when it occurs in the MNCs, It creates a critical situation where a significant amount of impact scatters the usual life of an individual worker who works as an employee of this type of companies. When this type of extinction occurs without any cause of action or without any given a set period of time or notice (mainly under 30 or 90 days) and severance, which indicates the arbitrary dismissal, discrimination, retaliation which is the ultimate breach of contract.

In India this type of situation arises when the employee is forced to resign or is fired against their volition without above mentioned valid notifications.

PROVISION:- There are several legal stands which can suffice the urge of justice to the certain point, this laws govern this type of unlawful conductivity , which are –

1.     The Industrial Employment (standing orders) Act, 1946, is the very well instance, where it requires the employers to get Govt. certification which includes, given notice, reasons behind the termination, notification of any misconducts etc.

2.      Industrial Disputes Act, 1947, makes a compulsory notice which has to be served 30 to 90 days ahead while terminating employee with payment of 15 dayfor every completion of yearly service.

3.     Where The Delhi shops and Establishment Act, 1954 requires the 30day notice ahead.  

REMEDY :-One can also file police complaint regarding above type of situation under Section 406 criminal breach of trust, section 420 cheating or also section 499 defamation of IPC, 1860 and many more (Under BNS, 2023 these are section 316, section 318 and section 356).

Also, one can file a complaint with the ministry of labour and employment.

MEASURES: - The employees should take the adequate measures to make them aware in respect of their employment under the certain company or organization which they are working, such as-

·        They have to be aware of their rights regarding employment contract,

·        They need to follow up with the due amounts or if there are any statutory bonus, also equivalent payment etc.

·        If there any doubt has been arising regarding contract with the company, contact the HR or their respected employer.

·        Be well versed with the terms and conditions etc.

CONCLUSION: - The employees of MNCs in India has couple of remedies and legal stands which can be used if there are any situation of forceful terminations, which have been briefly expressed through this blog. These remedies are well designed to protect the people from any unfair or unjust activity, protects the workers well-being and as well as the society, provides the natural justice.