In the year 2000, mobile services began in India and people, as consumers, knew very little about Indian laws on using cell phones. . The total Indian cell phone subscriber base, as per reports by Trak.in, totaled at 403.66 million. As per the 2009 news reports, India is the second largest market for cell phones, next to China. So, what happens if your cell phone is lost or stolen? Do you know what to do next?
We often get fascinated by the huge vessels that travel on high seas and turbulent weather conditions but we know so little about Indian law relating to ships. At present, our ships form an integral part of our nation’s military and commercial system. The Indian Navy operates with highly sophisticated vessels to defend our water territory and to fight the enemies. Commercial ships carry millions of tons of cargo across the world.
The National Advisory Council (NAC) is all set to redraft the communal violence bill, in consonance with Indian law. The said bill came under considerable criticism, following which several debates have taken place between the government authorities and civil society activists, pertaining to the bill’s provisions. The NAC sub-group, headed by Farah Naqvi and Harsh Mandar, along with a set of senior lawyers, will now redraft the bill, within a period of 3 months.
In February 2010, the Government of India amended the Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, 2005.
Here are some legal tips on the salient features of this amendment and what it requires banks and financial institutions to follow:
India legal news reports state that the latest directions from the Reserved Bank of India have been sent out as circular to other banks. The circular directs the banks, to dishonor cheques with overwriting. The rule will be applicable after 1st December, 2010. The RBI has further directed the banks, to communicate this to their customers. The intention is to prevent frauds and expedite clearance of cheques. This rule will be particularly useful in those cases where the Cheque Truncation System (CTS) is used. Under this system, an image of a cheque is sent to clearing house for transfer of funds.
Discretion means the power to decide or act according to one’s judgment. Indian law grants some discretionary powers to administrative authorities. Indian law, as it exists now, lays down broad limits within which an administrative authority is expected to function.
All personal laws in India do not treat the ‘second wife’ equally. Typically, a second wife is given an inferior status in Indian society, particularly if the first legally wedded wife is still alive. It is not unusual even for family members to look down on the second wife as the ‘other woman.’ There are no separate provisions in Indian law, which define the legal position of second wives simply because the law does not recognize the second wife unless the man has obtained divorce from the first wife.
Although cruelty is mentioned as one of the major grounds for divorce, Indian laws such as the Hindu Marriage Act and the Special Marriage Act do not define it clearly. Various court judgments have led to the interpretation of the term ‘mental cruelty’ and its grounds for seeking divorce in India.
The meaning of the term Quo Warranto is ‘by what authority’. The writ of quo warranto may be issued against a person holding a public office or governmental privilege. The issue of summon is followed by legal proceedings, during which an individual's right to hold an office or governmental privilege is challenged.
Food adulteration is a growing problem in India, with rampant instances of adulteration of even essential food items such as milk, ghee and spices. Misbranding is another malpractice where manufacturers, in a bid to popularize their products and boost profits, package their products in a way that they resemble an existing popular product. Making false promises on the product package or on advertisements also amount to misbranding. To avoid such malpractice, consumers must be aware of their rights and understand the provisions of Food Adulteration Act, 1954, that has strict punishments for offenders. Lack of awareness amongst consumers is a major contributor to this growing problem.