Criminal Law

                      DRUG ABUSE AND CRIME

                                                                        

          Pixabay.com              

Drug addiction has developed into an international epidemic .Drugs are in essence, addictive. its addiction is seen as a severe disease of the brain. Despite its adverse effects, drug use is known to be compulsive. Drug addiction is characterized as a condition in which the desire to use drugs cannot be regulated by an individual. A long term effect on life can be induced by opioid addiction. Acute Symptoms may occur, such as shaking, exhaustion , anxiety, depression ,insomnia, headache ,sweating, chills, behavioral changes, poor balance problems, nausea etc.

Risk Factors for Drugs Abuse

1. Genetics:

if you have someone in your family who has in the past been addicted to drugs or alcohol, it does not indicate that you would also inevitably become addicted. Nevertheless, Since an alcoholic was your family member, if you want to use drugs, you would have a greater tendency to become addicted.

2. Environment:

Your risk of addiction can also be increased by environmental factors. Lack of parental involvement may lead to greater risk taking or experimenting with alcohol and other substances for kids and teens. In order to cope with their feelings, young people who encounter violence or neglect from parents may use drugs or alcohol.

3. Mental Disorder:

For a range of reasons, people with a variety of mental disorders are more likely to use and misuse drugs .Drugs may be able to give them a feeling of euphoria and a sense of well being.

Classifications of Drugs

The main categories are: 

1 Depressants 

2 Opiates and Opiodes

3 Hallucinogens

4 Marijuana

5 Cocaine

Narcotic Drugs Law

                                                        

                                                                Pixabay.com

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly known as NDPS Act .The NDPS act came into force on 14th November 1985.Under the NDPS Act, it is illegal for a person to produce, manufacture, Cultivation, Possession, Transport, Consumption of any Narcotic Drugs.

Under the Provisions of the Act, The Narcotics Control Bureau was set up with effect from March 1986. The Main Aim of the Act was to Fulfill Treaty obligations under single Convention on Narcotics Drugs, United Nations Conventions against illicit Traffic in Narcotics Drugs and Psychotropic substances. The Act has been amended 3 times (1988, 2001, 2014 ).

The 2014 Amendment acknowledge as an essential responsibility of the Government for pain relief. It produces a class of Medicines called Essential Narcotics Drugs(END).Control for END Legislation has shifted from state Government to Central Government, so that the entire Nation can now have a Standardized Law Covering these Medicines required for pain relief.

The Primary Function of Narcotics Control Bureau is to fight Drug Trafficking on All India Level. Apart from that, it will also monitors India 's Frontiers to track down points where Smuggling activities take place.

Punishment

The NDPS Act considers drug offences to be  very serious and extreme in nature, So  therefore sentences are very strict for drug abuse. Offences are Cognizable and non bailable under this act.

Drugs and Bollywood

    Kangana Ranaut recently said that 99% of Bollywood celebrities indulge in drugs. "On September2, she also took to twitter and wrote, " I ask Ranveer singh, Ranbir Kapoor, Ayan Mukerji, Vicky Kaushal to give their blood sample for drug testing, there are rumors that they are addicted to cocaine, I want them to smash these rumors his young men will inspire millions if they present clean cocaine addicts".

Sources

1. en.m.wikipedia.com                                                                                                              2.The Narcotic Drugs and Psychotropic substances Act,1985        

    

COMPANY LAW

PROCEDURE FOR INCORPORATING A COMPANY 

                               sources: Pixabay.com                                                    

A company's Memorandum of Association or MOA specifies the company's constitution and the extent of powers. The MOA is, in simple words, the base on which the business is constructed. We will look at the laws and regulations that regulate the MOA in this article. Often, we can understand the contents of a company's Memorandum of Association.

 Section 4 companies act 2013 deals with Fundamental Clauses of MOA, which includes

1. Name clause

2. Registered office clause

3. Objects clause

4. Liability clause

5. Capital clause

6. Association clause

1. Name Clause: The first clause of this chapter deals with suggesting a company's name. A corporation is an autonomous entity, an artificial person, with the right to sue and be punished, and for all of this, they need a name to be carried in the course of business, the name would be the representation of the company concerned.

2. Registered Office Clause: An address is a way to reach someone similarly. A company must also have a registered office where it is possible to send all legal documents and notices. The company must mention the name of the state where it establishes its business and reestablishes its business within 30 days of incorporation.

3.Object Clause: The goal for which the business is founded must be referred to in the association memorandum It is one of the essential clauses and should be carefully written to list all forms of companies that might be involved in the future by the corporation.

4. Liability Clause: The Corporation must state the course of liability, whether limited or unlimited. The limited shares of the company's MOA must declare that the liability of the company's members is limited.

5. Capital Clause: This is only true for companies which have share capital. The amount of approved capital divided into shares in fixed quantities must be specified by these companies. In addition, the names of each member and the number of shares against their names must be specified.

6. Association Clause: The association clause confirms the willingness of shareholders bound by the MOA to associate and form a company. You need seven members to sign a MOA for a public corporation and not less than two individuals for a private company's MOA. In the presence of a witness, who may also add his signature, you must perform the signing.

TYPE OF INSURANCE

 

TYPES OF INSURANCE

1. Life Insurance: Life insurance is a policy which, in the event of death or disability, provides financial compensation. Upon retirement or a certain period of time, some life insurance plans even provide financial compensation. Life insurance, therefore, lets you protect the financial stability of your family even in your absence. Life insurance is distinct from other insurance here. The life of a human being is the subject of insurance. At the time of death or at the expiry of a certain term, the insurer will pay the fixed insurance amount. Life insurance currently has full scope because life is a person's most precious property. Each and every individual needs insurance and offers protection.

2. General Insurance: A general insurance policy is an arrangement which provides financial coverage for any loss other than death. Apart from life, it insures everything. General insurance compensates you for financial damages due to home, vehicle, bike, fitness, travel, etc.-related liabilities. The insurance provider agrees to pay you an amount guaranteed to cover your car damage, medical services to cure health problems or even financial problems during travel.

3. Property Insurance: No company should take the opportunity to leave its premises, permanent fixtures, equipment, and inventory, and so on unprotected. Different property policies require harm or injury to the property of a business or to the property of those stored on the premises.

4. Marine Insurance: The concept of marine insurance refers to insurance for products dispatched to the country of destination from the country of origin. The term is derived from the fact that, historically, products intended for foreign trade were transported by sea. Despite what the name means, maritime insurance is available to all forms of transportation of goods.

5. Health Insurance: For costly treatments, health insurance is obtained to cover medical expenses. A variety of illnesses and conditions are covered by various forms of health insurance plans. As well as policies for individual illnesses, you can buy a standardized health insurance policy. Generally, the premium charged by a health care policy covers the cost of surgery, hospitalization and medication.

6. Insurance for Cars: Perhaps the most common form of insurance is car insurance. Automotive policies are necessary in all states in at least minimum quantities. The standard car policy requires responsibility in the event of a case for personal injuries and collateral harm, medical payments, damage to or loss of the car itself, and attorneys' fees.

7. Insurance for Travel: The priority for frequent travelers could be travel insurance. But, for all, it might not be appropriate. Depending on the specific needs of each person, the need for insurance can differ. For instance, if you plan a domestic trip and your comprehensive health insurance plan protects you for any medical emergencies around the country, travel plans might not only be required for you.

7. Senior Citizen Health Care: All citizens over 60 years of age are covered by these forms of insurance policies.

8. Health Insurance Group: Provided by the employer to the employee.

9. Maternal Health Insurance: Covers medical costs for prenatal, post-natal, and delivery stage, providing protection to both the mother and the newborn.

WHITE COLLAR CRIMES

 

WHITE COLLAR CRIMES 

White collar crime essentially means the offence committed during their profession by trained persons belonging to a higher class of society. 

Edwin Hardin Sutherland was first person who defined the term white collar crime 'as crimes committed by individuals who hold high societal status and prestige in their profession. We also saw an increase in private professional services providing assistance to businesses and their management in dealing with white collar crime as the sophistication of such crimes has increased over the years and investigations have become refined. 

Unfortunately, there has been a steady increase in the incidence of serious fraud and white collar crimes globally in the last few years, posing a danger to the country's economic structure. 

It's a time when words like robbers and merchants go hand in hand. Criminals with a white collar don't get their hands dirty at work. Instead of using a little muscle, they use their heads to get what they want. These criminals are just as dangerous as killers and rapists are. In these days, white collar crimes are suspected often among the most seemingly respectable individuals. 

Corruption, fraud, and bribery money laundering, identity theft, and forgery, etc. are some of the most common white collar crimes in India as well as all over the world. Over the past few years, there have been different numbers of frauds and scams uncovered in our country, such as 2 g scam, Havala scam, banking scam, etc. The economy of our nation has shambled as a result of these frauds and scams. And then they increase the prices in order to make up for these fraud losses or other scams. This implies higher consumer prices in the form of higher taxes, government revenues, and higher insurance rates. The effect on society of white collar crime is great. In each sector, there are losses from the cost of goods to securities and insurance. 

TYPES OF WHITE COLLAR CRIMES :

1. Bank fraud: Bank fraud is a way of engaging in such activities in order to defraud a bank or to acquire assets owned by financial institutions through fraudulent means. 

2. Blackmail: Blackmail means demanding money by threatening others with physical harm or disclosing their secrets. 

3. Tax evasion: Tax evasion-is a crime in which one person alters their state of affairs on purpose so that they can demonstrate to the authorities that they can pay very little tax. It can be done by a company, person or trust. The 22nd portion of the Income Tax Act, 1961, is punishable by it. 

4. Bribery: When money, items, services, data or something else of value is delivered with the purpose of influencing the actions, views, or choices of the taker. If you include the bribe or accept it, you will be charged with bribery. 

5. Computer fraud: where computer hackers steal computer data sources, such as bank records, credit cards, and proprietary information. 

6. Fraud Credit Card: fraudulent use of a credit card in order to purchase valuable products. 

7. Currency fraud: the process of speculating about currencies' future value.

8. Frauds with insurance providers: False records are also used by individuals to receive insurance from insurance companies. It is also common for insurance firms or their agents to commit fraud, which can defraud the other individual for unlawful financial benefits. Under the Indian Penal Code of 1860, Sections 205, 420 and 464 are the applicable provisions that deal with certain forms of fraud. 

9. Telemarketing frauds: These are frauds made over phone calls and messages. 

10. Money laundering: Money laundering is the practise of obtaining money from illegal activities, such as drug trafficking and making the money appears to be proceeds from legitimate business activities. The money from the illegal transaction is considered "dirty" and the system "launders" the money to make it look "clean." 

REASONS FOR THE GROWTH OF WHITE COLLAR CRIMES IN INDIA 

1. Lack of strict laws:  In India it is not a very big rule, people believe they can get away with fraud, and this has seen a rise in white-collar crimes in India. 

2. Lack of awareness:  The nature of white collar crimes is different from the conventional nature of crimes. Most people are not aware of it and fail to understand that they are the worst victims of crime. 

3. Lack of Consciousness:  The nature of white collar offences differs from the traditional nature of offences. Many individuals are not conscious of it and do not know that they are the worst victims of violence.

HINDU LAW

                                          

                                       DIVORCE AND IT'S REASONS

                (You can fire your secretary, divorce your spouse, abandon your children. But they remain your co-authors forever  - Ellen Goodman).  

The notion of divorce was not known to anybody in ancient times. Love was seen by them as a sacred concept. According to Manu, they cannot separate husband and wife from each other, their martial tie cannot be broken. The concept of divorce later came into the picture and was established as a custom to bring the marriage to an end.

Divorce implies that marital relations are terminated. It means the marital bond's dissolution. Divorce means, legally speaking, a declaration of marital dissolution. Divorce is a mechanism by which, as per rule, marital relations cease to exist and the couple can no longer be named the husband or the wife. Divorces bring the marriage to an end.

In the modern India definition of divorce, it ceases the entire husband and wife's joint responsibility, and they are free to go there on the way. This leads to the end of all ties between them.

One of the significant reasons why the divorce rate is so high is a poor marriage. Marriages don't always turn out to be blissful and happy. Conflicts happen, things can go wrong, and a marriage can be turned into a poor one by missed expectations. Most people agree that a poor marriage has a lot of ways to repair it. However, sometimes, no matter how hard people try, things just don't work out.

Marriages, however, have faced a lot of difficulties in recent years due to various misunderstandings between the couple or inability to understand what a marriage needs either person to do. Therefore, as the only way out of the issues facing marriages, divorce has become a common occurrence for many individuals.

DIVORCE ACCORDING TO THE HINDU MARRIAGE ACT 1955:

There are some provisions for a legal divorce in the Hindu Marriage Act, i.e. when the partner may get divorce or appeal in the court of law for dissolution of marriage.

 The Hindu Marriage Act, 1955, lays down the rule that applies to Hindus, Buddhists, Jains, and Sikhs for divorce.

The grounds for divorce pursuant to Section 13 of the Act include.

1. That the partner after the marriage had consensual sexual intercourse with some other male.

2. That the spouse treated the spouse of the complainant with Cruelty.

3. That the spouse has left the spouse of the plaintiff for no less than two years (continuously) prior to the filing of the divorce suit.

4. If one of the two converts into another religion, the other spouse will file a divorce case on this basis.

5. If the partner of the plaintiff suffers from incurable mental illness and insanity, mental disorder may become a basis for filing a divorce and can thus not be forced to remain together by the couple.

6. That the spouse has been suffering from virulent and incurable leprosy.

7. That the spouse has been suffering from a contagious venereal disease.

8. That the spouse has renounced the world and has entered the spiritual world.

9. That the spouse has been unheard for a period of seven years or more by persons who have naturally heard of it, had that party been alive.                                                                 

WIFE'S SPECIAL DIVORCE GROUNDS: 

In addition to the reasons mentioned above, under 13(2) of this Act, a wife has been granted four additional grounds for divorce. Those are like the following:

1. Polygamous Marriage Pre-Act - This provision specifies the basis for divorce as, that the husband has another wife, alive at the moment of the petitioner's solemnization of marriage.

2. That the husband has been charged with rape, sodomy or bestiality after the union.

3. Before reaching the age of 15 years, the bride's marriage was solemnized and she repudiated the marriage after reaching that age, but before reaching the age of 18 years.

CONCEPT OF MUTUAL CONSENT DIVORCE:

 As per Section 13B, the individual can, by mutual consent of both parties, file a petition for divorce. If the parties agree to end their marriage on the basis of mutual consent, they must wait one year from the date of the marriage. They have to explain that for one or more years they live separately and are not able to live with each other.

No Divorce petition within one year of marriage No Court shall hear a petition for divorce within one year of marriage pursuant to Section 14. But where the matter is linked to bigamy, and if the spouse's consent was taken by misrepresentation, deceit, undue control, etc., can be entertained.

Jaisinghbhai shah V/S Prabhawati bipin Chander:

The respondent leaves the house in this instance with the intention of leaving his wife. The wife later informed the court, but the defendant proved that when he left the house with the intention of deserting, he attempted to return and the petitioner stopped him from doing so. The defendant cannot be held accountable for desertion here.