The document summarizes the key aspects of the Consumer Protection Act of 1986 in India. It was enacted to protect consumers from unfair trade practices and provides an inexpensive mechanism for grievance redressal. The Act established a three-tier system for consumer disputes resolution - District Forum, State Commission, and National Commission. It recognizes various consumer rights and defines terms like defects, deficiency, unfair trade practices. The document also outlines the jurisdiction and appointment process for the consumer forums under the Act.
Recovery of debt due to bank and financial institutions, 1993ACS Shalu Saraf
1. The document discusses the establishment, jurisdiction, powers, and procedures of Tribunals and Appellate Tribunals established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
2. Tribunals have the jurisdiction to entertain and decide applications from banks and financial institutions for recovery of debts. Appellate Tribunals have jurisdiction over appeals against Tribunal orders.
3. Tribunals are headed by a Presiding Officer, while Appellate Tribunals are headed by a Chairperson. Their qualifications, terms, resignation process, and removal process are outlined.
4. The document also describes the application and appeal procedures before these bodies, their powers, and the process
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
The document summarizes key aspects of the Information Technology Act 2000 of India. It defines important terms like digital signature, subscriber, certifying authority. It explains the objectives of the act to facilitate e-commerce and e-governance. It describes digital signature certificates, their classes and responsibilities of subscribers. It also provides an overview of penalties and adjudication processes covered in the act for cyber crimes.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
The document summarizes the Consumer Protection Act of 1986 in India. It outlines the objectives of protecting consumer rights and establishing consumer protection councils. It also defines key terms like "consumer", "complaint", and "unfair trade practice". The redressal mechanism establishes 3 tiers - district, state, and national consumer dispute redressal forums - to provide simple and speedy remedies to consumer complaints. The district forum handles cases under 20 lakhs rupees while higher amounts are addressed by the state and national commissions.
The Information Technology Act, 2000 provides the legal framework for electronic governance in India. Some key points covered in the act include:
- Legal recognition of electronic records and digital signatures.
- Regulation of certifying authorities that issue digital signature certificates.
- Establishment of the Cyber Appellate Tribunal to hear appeals related to the act.
- Offences and penalties related to cyber crimes like hacking and publishing obscene content.
- Procedures for adjudicating violations and determining appropriate penalties.
The document provides an overview of the key aspects of the Consumer Protection Act 2019 in India. Some of the highlights include:
- Establishment of the Central Consumer Protection Authority to regulate matters relating to violation of consumer rights
- Expanded scope to include e-commerce transactions and provisions for e-filing complaints
- Increased pecuniary jurisdiction of consumer commissions
- Stiffer penalties for misleading advertisements
- Introduction of product liability provisions and provisions for mediation of disputes
Recovery of debt due to bank and financial institutions, 1993ACS Shalu Saraf
1. The document discusses the establishment, jurisdiction, powers, and procedures of Tribunals and Appellate Tribunals established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
2. Tribunals have the jurisdiction to entertain and decide applications from banks and financial institutions for recovery of debts. Appellate Tribunals have jurisdiction over appeals against Tribunal orders.
3. Tribunals are headed by a Presiding Officer, while Appellate Tribunals are headed by a Chairperson. Their qualifications, terms, resignation process, and removal process are outlined.
4. The document also describes the application and appeal procedures before these bodies, their powers, and the process
These slides will give overview of the Debt Recovery Tribunal and its Working of the Tribunal. Further it will help in understanding the requirements for filing an application under the Act.
The document summarizes key aspects of the Information Technology Act 2000 of India. It defines important terms like digital signature, subscriber, certifying authority. It explains the objectives of the act to facilitate e-commerce and e-governance. It describes digital signature certificates, their classes and responsibilities of subscribers. It also provides an overview of penalties and adjudication processes covered in the act for cyber crimes.
recently there ismeaure amendments in the Specific Relief Act and the public infrastruture projects are given preference as due to injunctions there was delay in public projects causing huge loss the public exchequer.
The document summarizes the Consumer Protection Act of 1986 in India. It outlines the objectives of protecting consumer rights and establishing consumer protection councils. It also defines key terms like "consumer", "complaint", and "unfair trade practice". The redressal mechanism establishes 3 tiers - district, state, and national consumer dispute redressal forums - to provide simple and speedy remedies to consumer complaints. The district forum handles cases under 20 lakhs rupees while higher amounts are addressed by the state and national commissions.
The Information Technology Act, 2000 provides the legal framework for electronic governance in India. Some key points covered in the act include:
- Legal recognition of electronic records and digital signatures.
- Regulation of certifying authorities that issue digital signature certificates.
- Establishment of the Cyber Appellate Tribunal to hear appeals related to the act.
- Offences and penalties related to cyber crimes like hacking and publishing obscene content.
- Procedures for adjudicating violations and determining appropriate penalties.
The document provides an overview of the key aspects of the Consumer Protection Act 2019 in India. Some of the highlights include:
- Establishment of the Central Consumer Protection Authority to regulate matters relating to violation of consumer rights
- Expanded scope to include e-commerce transactions and provisions for e-filing complaints
- Increased pecuniary jurisdiction of consumer commissions
- Stiffer penalties for misleading advertisements
- Introduction of product liability provisions and provisions for mediation of disputes
The document provides an overview of The Indian Stamp Act of 1899 which consolidated and amended laws relating to stamps. [1] It lists the sections contained in the act related to stamp duties, instruments chargeable, valuation of instruments, penalties for non-compliance, and other administrative provisions. [2] The act established a framework for stamp duties on legal documents and financial instruments to be paid according to schedules, and penalties for documents that were improperly or not stamped. [3] It aimed to simplify and standardize stamp duty laws across various regions of India at the time.
The document summarizes key aspects of the Consumer Protection Act 1986 in India. The Act was passed to protect consumer interests and established consumer councils and authorities to resolve disputes. It applies across India except Jammu and Kashmir. Key definitions include what constitutes a consumer, complaint, defect, deficiency and unfair/restrictive trade practices. The Act established 3 levels of consumer courts - district, state and national levels - with increasing pecuniary jurisdiction. The types of reliefs available to complainants and penalties for non-compliance are also outlined.
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
The document outlines key aspects of the Consumer Protection Act, 2019 in India, including definitions, rights of consumers, complaints process, and establishment of consumer protection councils. Specifically, it establishes Consumer Protection Councils at the central, state, and district levels to protect consumer interests. The Central Consumer Protection Authority is also established to exercise powers under the Act with headquarters in Delhi and regional offices elsewhere in India.
A minor had taken out a loan of 20,000 rupees at 12% interest from Dharmodas Ghose and secured it with a mortgage. The minor's mother later claimed the mortgage was void due to the minor's lack of capacity to enter into a contract. The court held that the contract made by the minor was void as minors do not have the capacity to enter contracts under Indian law. As the minor was not bound by the contractual promises made, they could not be compelled to repay the loan amount. The defense of estoppel also did not apply to validate the contract as the law's purpose is to protect minors.
This document provides an overview of the law of carriage of goods. It defines key terms like contract of carriage, common carrier and private carrier. It discusses the carriage of goods by land, sea and rail. For land carriage, it outlines The Carriers Act 1865 and for rail, The Railways Act 1890. For sea carriage, it mentions The Bills of Lading Act 1856 and rights under a bill of lading. It also describes the rights and liabilities of common carriers when transporting goods.
The document discusses various topics related to company shares and capital structure under Indian law. It defines shares, preference shares, equity shares, and different types of share capital including authorized, issued, subscribed, paid-up, called-up, and uncalled capital. It also covers share classification, allotment of shares, transfer of shares, dividends, and the key contents required in a prospectus for public issuance of shares.
The document discusses the role of consumer protection councils in India and consumer rights. It describes consumers as individuals who purchase goods or services. It outlines the Consumer Protection Act of 1986 which established consumer councils at the central, state, and district levels to protect consumer interests and settle disputes. The objectives of the councils are to promote consumer rights such as the right to safety, right to information, right to choose, right to be heard, right to satisfaction of basic needs, right to redressal, and right to consumer education. Examples of each right are provided.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
The document outlines the objectives and structure of consumer protection councils established under the Consumer Protection Act of 1986 in India. It discusses the creation of the Central Consumer Protection Council at the national level headed by the Minister of Consumer Affairs [1]. It also discusses the establishment of similar State Consumer Protection Councils and District Consumer Protection Councils to promote and protect consumer rights at the state and district levels respectively [2]. The objectives of the councils are to protect consumers and promote their rights with regard to safe goods and services, transparency about quality and pricing, access to competitive options, participation in decision making, and redressal against unfair practices [3].
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
The articles of association are a document that establishes the internal rules and regulations that govern a company. It prescribes the rules for management of the company and how it will achieve its objectives as defined in the memorandum of association. The articles of association act as a contract between the company and its members and between members themselves. It typically includes provisions regarding shares, directors, meetings, accounting practices and winding up of the company. The articles must be registered with the Registrar and include required information like share capital requirements. A company can alter its articles of association through a special resolution of members.
Unit 5 consumer protection and introduction to cyber lawGanesha Pandian
This document provides an overview of the Consumer Protection Act of 1986 and introduces cyber law in India. It discusses key aspects of the Consumer Protection Act including its aims to better protect consumer interests, establish quasi-judicial machinery for disputes, and salient features. It also covers consumer rights and duties. The document then provides an introduction to cyber law in India through the Information Technology Act of 2000, highlighting several chapters related to digital signatures, electronic governance, and certifying authorities.
This document summarizes the Bankers' Book Evidence Act of 1891 in Bangladesh. The act aims to amend laws related to admitting bankers' books as evidence in legal proceedings. It allows certified copies of entries in bankers' books to be admitted as prima facie evidence. It also prevents bank officers from being compelled to produce bank books or appear as witnesses, unless ordered by the court. The act grants courts power to order parties to inspect and copy bank entries, and banks must prepare certified copies of relevant entries. It gives courts discretion over costs related to applying the act.
The document provides an overview of tax assessment for co-operative societies under the Income Tax Act of 1961. It discusses key sections such as the definition of a co-operative society (Section 2(19)), exemptions for certain co-operative societies (Section 10(27)), deductions allowed for income of co-operative societies (Section 80P), and conditions for deductions. It also provides illustrations of computing total income and summarizes some relevant judicial precedents.
this is a presentation on electronic contracts. this will be helpful in the study of various types of contract in the law. this topic is also there in the BBA course. in legal environment - 2
This document defines and describes different types of negotiable instruments. It begins by explaining that negotiable instruments are transferable written orders to pay a sum of money. The main types discussed are checks, promissory notes, and bills of exchange. Checks are drawn on a bank and payable on demand, while promissory notes contain an unconditional promise to pay, and bills of exchange contain an order to pay. The document outlines the key parties, features, and legal definitions of each type of instrument. It emphasizes that to be valid, a negotiable instrument must be in writing, signed, state a fixed sum to pay, and be freely transferable.
This document discusses conditions and warranties in contracts for the sale of goods. It defines a condition as a fundamental term of the contract, the breach of which allows the buyer to reject the goods and claim damages. A warranty is a collateral term, the breach of which only allows damages but not rejection. The document outlines the differences between conditions and warranties. It also discusses implied conditions and warranties imposed by law, such as title, description, fitness for purpose, and merchantability. The document provides examples to illustrate these legal concepts.
THE CONSUMER PROTECTION ACT, 1986 AND NI ACT, 1881.pptxAabilhusain2
The document provides information on the Consumer Protection Act of 1986 and 2019 and the Negotiable Instruments Act of 1881 in India. It discusses key provisions and definitions within these acts. The Consumer Protection Act established three levels of consumer dispute resolution councils - district, state, and national levels. It defines provisions such as defects, deficiencies, and consumer rights. The 2019 act expanded definitions and jurisdictions. The Negotiable Instruments Act defines essential characteristics of negotiable instruments like promissory notes, bills of exchange, and cheques.
Consumerism aims to protect consumers and ensure they receive good value for money spent. Consumer education is important to create awareness of rights and responsibilities. Governments should develop strong consumer protection policies regarding health and safety, access to information, redressal, and freedom to organize. Some problems Indian consumers face include shortages, lack of competition, unfamiliarity with products, low literacy, and unorganized consumer groups. The Consumer Protection Act of 1986 established consumer councils and forums to provide simple and speedy redressal of consumer disputes.
The document provides an overview of The Indian Stamp Act of 1899 which consolidated and amended laws relating to stamps. [1] It lists the sections contained in the act related to stamp duties, instruments chargeable, valuation of instruments, penalties for non-compliance, and other administrative provisions. [2] The act established a framework for stamp duties on legal documents and financial instruments to be paid according to schedules, and penalties for documents that were improperly or not stamped. [3] It aimed to simplify and standardize stamp duty laws across various regions of India at the time.
The document summarizes key aspects of the Consumer Protection Act 1986 in India. The Act was passed to protect consumer interests and established consumer councils and authorities to resolve disputes. It applies across India except Jammu and Kashmir. Key definitions include what constitutes a consumer, complaint, defect, deficiency and unfair/restrictive trade practices. The Act established 3 levels of consumer courts - district, state and national levels - with increasing pecuniary jurisdiction. The types of reliefs available to complainants and penalties for non-compliance are also outlined.
NEGOTIABLE INSTRUMENTS ACT, 1881
STRUCTURE
1.0 Objectives
1.1 Introduction
1.2 Meaning of Negotiable Instruments
1.3 Characteristics of a negotiable instrument
1.4 Presumptions as to negotiable instrument
1.5 Types of negotiable Instrument
1.5.1 Promissory notes
1.5.2 Bill of exchange
1.5.3 Cheques
1.5.4 Hundis
1.6 Parties to negotiable instruments
1.6.1 Parties to Bill of Exchange
1.6.2 Parties to a Promissory Note
1.6.3 Parties to a Cheque
1.7 Negotiation
1.7.1 Modes of negotiation
1.8 Assignment
1.8.1 Negotiation and Assignment Distinguished
1.8.2 Importance of delivery in negotiation
1.9 Endorsement
1.10 Instruments without Consideration
1.11 Holder in Due Course
The document outlines key aspects of the Consumer Protection Act, 2019 in India, including definitions, rights of consumers, complaints process, and establishment of consumer protection councils. Specifically, it establishes Consumer Protection Councils at the central, state, and district levels to protect consumer interests. The Central Consumer Protection Authority is also established to exercise powers under the Act with headquarters in Delhi and regional offices elsewhere in India.
A minor had taken out a loan of 20,000 rupees at 12% interest from Dharmodas Ghose and secured it with a mortgage. The minor's mother later claimed the mortgage was void due to the minor's lack of capacity to enter into a contract. The court held that the contract made by the minor was void as minors do not have the capacity to enter contracts under Indian law. As the minor was not bound by the contractual promises made, they could not be compelled to repay the loan amount. The defense of estoppel also did not apply to validate the contract as the law's purpose is to protect minors.
This document provides an overview of the law of carriage of goods. It defines key terms like contract of carriage, common carrier and private carrier. It discusses the carriage of goods by land, sea and rail. For land carriage, it outlines The Carriers Act 1865 and for rail, The Railways Act 1890. For sea carriage, it mentions The Bills of Lading Act 1856 and rights under a bill of lading. It also describes the rights and liabilities of common carriers when transporting goods.
The document discusses various topics related to company shares and capital structure under Indian law. It defines shares, preference shares, equity shares, and different types of share capital including authorized, issued, subscribed, paid-up, called-up, and uncalled capital. It also covers share classification, allotment of shares, transfer of shares, dividends, and the key contents required in a prospectus for public issuance of shares.
The document discusses the role of consumer protection councils in India and consumer rights. It describes consumers as individuals who purchase goods or services. It outlines the Consumer Protection Act of 1986 which established consumer councils at the central, state, and district levels to protect consumer interests and settle disputes. The objectives of the councils are to promote consumer rights such as the right to safety, right to information, right to choose, right to be heard, right to satisfaction of basic needs, right to redressal, and right to consumer education. Examples of each right are provided.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
The document outlines the objectives and structure of consumer protection councils established under the Consumer Protection Act of 1986 in India. It discusses the creation of the Central Consumer Protection Council at the national level headed by the Minister of Consumer Affairs [1]. It also discusses the establishment of similar State Consumer Protection Councils and District Consumer Protection Councils to promote and protect consumer rights at the state and district levels respectively [2]. The objectives of the councils are to protect consumers and promote their rights with regard to safe goods and services, transparency about quality and pricing, access to competitive options, participation in decision making, and redressal against unfair practices [3].
WTO Agreement on Subsidies and Countervailing MeasuresEvgeny Pustovalov
The document discusses key aspects of the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). It outlines the different types of subsidies - prohibited, actionable, and non-actionable - and the rules governing each. Prohibited subsidies include export subsidies and import substitution subsidies. Actionable subsidies are those that cause adverse effects like injury to domestic industry. Non-actionable subsidies are those that are non-specific. The agreement also provides special and differential treatment for developing countries in areas like de minimis subsidy levels and volume thresholds for countervailing investigations. Remedies under the agreement include withdrawal of subsidies or imposition of countervailing duties.
The articles of association are a document that establishes the internal rules and regulations that govern a company. It prescribes the rules for management of the company and how it will achieve its objectives as defined in the memorandum of association. The articles of association act as a contract between the company and its members and between members themselves. It typically includes provisions regarding shares, directors, meetings, accounting practices and winding up of the company. The articles must be registered with the Registrar and include required information like share capital requirements. A company can alter its articles of association through a special resolution of members.
Unit 5 consumer protection and introduction to cyber lawGanesha Pandian
This document provides an overview of the Consumer Protection Act of 1986 and introduces cyber law in India. It discusses key aspects of the Consumer Protection Act including its aims to better protect consumer interests, establish quasi-judicial machinery for disputes, and salient features. It also covers consumer rights and duties. The document then provides an introduction to cyber law in India through the Information Technology Act of 2000, highlighting several chapters related to digital signatures, electronic governance, and certifying authorities.
This document summarizes the Bankers' Book Evidence Act of 1891 in Bangladesh. The act aims to amend laws related to admitting bankers' books as evidence in legal proceedings. It allows certified copies of entries in bankers' books to be admitted as prima facie evidence. It also prevents bank officers from being compelled to produce bank books or appear as witnesses, unless ordered by the court. The act grants courts power to order parties to inspect and copy bank entries, and banks must prepare certified copies of relevant entries. It gives courts discretion over costs related to applying the act.
The document provides an overview of tax assessment for co-operative societies under the Income Tax Act of 1961. It discusses key sections such as the definition of a co-operative society (Section 2(19)), exemptions for certain co-operative societies (Section 10(27)), deductions allowed for income of co-operative societies (Section 80P), and conditions for deductions. It also provides illustrations of computing total income and summarizes some relevant judicial precedents.
this is a presentation on electronic contracts. this will be helpful in the study of various types of contract in the law. this topic is also there in the BBA course. in legal environment - 2
This document defines and describes different types of negotiable instruments. It begins by explaining that negotiable instruments are transferable written orders to pay a sum of money. The main types discussed are checks, promissory notes, and bills of exchange. Checks are drawn on a bank and payable on demand, while promissory notes contain an unconditional promise to pay, and bills of exchange contain an order to pay. The document outlines the key parties, features, and legal definitions of each type of instrument. It emphasizes that to be valid, a negotiable instrument must be in writing, signed, state a fixed sum to pay, and be freely transferable.
This document discusses conditions and warranties in contracts for the sale of goods. It defines a condition as a fundamental term of the contract, the breach of which allows the buyer to reject the goods and claim damages. A warranty is a collateral term, the breach of which only allows damages but not rejection. The document outlines the differences between conditions and warranties. It also discusses implied conditions and warranties imposed by law, such as title, description, fitness for purpose, and merchantability. The document provides examples to illustrate these legal concepts.
THE CONSUMER PROTECTION ACT, 1986 AND NI ACT, 1881.pptxAabilhusain2
The document provides information on the Consumer Protection Act of 1986 and 2019 and the Negotiable Instruments Act of 1881 in India. It discusses key provisions and definitions within these acts. The Consumer Protection Act established three levels of consumer dispute resolution councils - district, state, and national levels. It defines provisions such as defects, deficiencies, and consumer rights. The 2019 act expanded definitions and jurisdictions. The Negotiable Instruments Act defines essential characteristics of negotiable instruments like promissory notes, bills of exchange, and cheques.
Consumerism aims to protect consumers and ensure they receive good value for money spent. Consumer education is important to create awareness of rights and responsibilities. Governments should develop strong consumer protection policies regarding health and safety, access to information, redressal, and freedom to organize. Some problems Indian consumers face include shortages, lack of competition, unfamiliarity with products, low literacy, and unorganized consumer groups. The Consumer Protection Act of 1986 established consumer councils and forums to provide simple and speedy redressal of consumer disputes.
The Consumer Protection Act,1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India.It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's grievances and matters connected with it. The act was passed in Assembly in October 1986 and came into force on December 24, 1986. The statute on the right was made before this COPRA act 1986.
The document provides an overview of the Consumer Protection Act of 1986 in India. Some key points:
- The Act was passed to better protect consumer rights and establish quasi-judicial bodies to handle consumer disputes.
- It defines a consumer and establishes three levels of consumer courts - district, state, and national levels - to provide simple, fast redressal for defective goods, deficient services, and unfair trade practices.
- The Act gives consumers important rights like protection from exploitation, the right to be informed about products, the right to be heard and seek redressal for grievances.
- The jurisdiction and composition of the three levels of consumer courts is outlined, along with the process for appeals.
This document provides an overview of consumer rights and protections in India under the Consumer Protection Act of 1986. Some key points include:
- The CPA was passed in 1986 to provide better protection of consumer interests through the establishment of consumer councils and dispute resolution bodies.
- It set up consumer dispute redressal agencies at the district, state, and national levels to provide simple, inexpensive, and speedy justice to consumers making complaints about defective products, deficient services, or unfair/restrictive trade practices.
- The CPA defines a "consumer" and outlines several consumer rights like the right to safety, the right to be informed, and the right to redress grievances. It aims to strengthen consumer awareness
This document provides an overview of consumer protection laws and forums in India. It defines a consumer, discusses types of consumers and their rights. It describes the structure of consumer protection forums in India from district level to the supreme court. It also discusses landmark cases related to medical negligence and recent proposed amendments to strengthen consumer protection.
Business Law unit- 4 - Consumer Protection Act
The Consumer Protection Act, 1986, Definition of Unfair Trade practices, Restrictive Trade Practices, Consumer Dispute, Rights of Consumers, Consumer Protection Councils.
The Consumer Protection Act was enacted in 1986 and amended in 2019 to strengthen consumer rights in India. It established consumer protection councils at the central, state, and district levels to promote and protect consumer rights. It also created the Central Consumer Protection Authority to investigate and take action against misleading advertisements and unfair trade practices. Under the Act, consumers have rights such as protection from hazardous goods, unfair trade practices, and access to information about product quality and pricing. They can file complaints with district, state, or national consumer commissions depending on the complaint amount. Penalties for violations include fines, imprisonment, or license suspension.
The Consumer Protection Act was enacted in 1986 to protect consumer rights and provide a mechanism for resolving disputes. It established Consumer Dispute Redressal Agencies at the district, state, and national levels to provide simple and speedy remedies to consumer complaints. The agencies aim to protect consumer rights such as the right to safety, information, choice, being heard, seeking redressal, and education. They cover all goods and services purchased for personal use. Complaints can be filed online, by phone or SMS within 30 days of an issue.
The Consumer Protection Act, 2019 has been enacted for the purpose of providing timely and effective administration and settlement of consumer disputes and related matters.
The document discusses the Consumer Protection Act and introduction of cyber laws in India. It provides an overview of the key aspects of the Consumer Protection Act 1986 including its aims and objectives, salient features, consumer rights and duties. It also discusses the need for consumer protection, redressal machinery under the act and procedures for filing complaints. The document then provides an introduction to cyber laws in India, highlighting the key provisions and chapters of the Information Technology Act 2000 which provides the legal framework for e-commerce and electronic records.
The document provides an overview of the Consumer Protection Act of 1986 in India. Some key points:
- The Act was passed to better protect consumer rights and establish quasi-judicial bodies to handle consumer disputes. It aims to provide simple, fast justice for issues like defective goods, poor services, and unfair trade practices.
- Consumer forums have been set up at district, state, and national levels. The Act defines relief available for different types of complaints, such as refunds for defective goods or overpricing. Compensation can also be sought for losses from negligence.
- The objective is to interpret the law in favor of consumers and provide maximum relief. It is not intended to provide loopholes for large businesses
This is an important ACT of India safeguarding consumer interests.Calcutta University Syllabus has included this Act in B.Com Semester 1 under Business Law
This document provides an overview of the Consumer Protection Act 1986 and introduction to cyber laws in India. It discusses key aspects of the Consumer Protection Act including its aims and objectives, salient features, consumer rights and duties. It also covers the need for consumer protection, definitions, complaints process and the 3-tier consumer grievance redressal system. The document then provides an introduction to cyber laws in India, highlighting the Information Technology Act 2000 and aspects such as digital signatures and electronic governance.
The document provides an overview of the Consumer Protection Act of 1986 in India. It discusses:
- The need for consumer protection laws due to exploitation of consumers.
- Key features of the Act including the establishment of consumer councils, quasi-judicial bodies at district, state, and national levels to provide speedy redressal of consumer disputes, and provisions for compensation and penalties.
- Rights provided to consumers such as the rights to safety, be informed, choose products, seek redressal, and consumer education.
- The three-tier structure for consumer dispute redressal including district forums, state commissions, and a national commission to handle various claims based on their value.
The document discusses key aspects of the Consumer Protection Act 1986 in India. It summarizes that the Act aims to protect consumers from unscrupulous businesses and provides easy remedies for complaints. It established three consumer dispute redressal forums - district forums for claims up to 10 lakhs, state commissions for claims up to 20 lakhs, and a national commission for claims over 20 lakhs. The forums have powers like summoning witnesses and imposing penalties on traders if complaints are found to be valid. The Act also provides for consumer protection councils and defines the rights and responsibilities of consumers.
The document discusses the Consumer Protection Act of 1986 in India. It was established to provide simpler, quicker, and cheaper remedies to consumers compared to ordinary civil courts. The Act created Consumer Disputes Redressal forums at the district, state, and national levels to hear consumer complaint cases. It defines consumers of goods and services and outlines consumers' rights. The document also describes the complaint process under the Act and possible redressal orders.
The document summarizes the key aspects of the Consumer Protection Act of 1986 in India. It was enacted to provide simpler, quicker and cheaper remedies to consumers, and established 3-tier quasi-judicial machinery - district forums, state commissions, and a national commission - to resolve consumer disputes and complaints. The act defined unfair/restrictive trade practices and rights of consumers. It also created consumer protection councils at central, state, and district levels to promote awareness.
This document provides an introduction to financial accounting and management accounting. It defines accounting as recording financial transactions to help users analyze a business. Financial accounting prepares financial statements for outsiders, while management accounting helps internal management maximize profits and make decisions. Cost accounting prepares information for management decision making. The document also outlines the objectives, features, advantages, and users of financial accounting as well as the differences between financial accounting, cost accounting, and management accounting.
The document discusses the use of management information systems (MIS) in the automobile industry. It notes that MIS can help with inventory management, monitoring multiple projects simultaneously to reduce time, and integrating different departments into a single database. It provides examples of information systems used by Maruti Suzuki, including systems for finance, purchasing, human resources, customer interaction, dealer management, and customer relationship management. The benefits of MIS for the automobile industry include greater efficiency, time savings, and easier operations through centralized processes.
Product optimization involves making minor adjustments to existing products to increase desirability and marketing metrics like purchase intent. It can lower manufacturing costs and make products more profitable by optimizing components, materials, design, and production processes. Companies should understand customer needs and market trends to develop innovative, high-quality products that solve customer problems at lower total costs than competitors.
Organizational behavior is the study of how individuals and groups act within organizations and how organizations manage their external environment. It draws from disciplines like psychology, sociology, anthropology, and political science. Understanding organizational behavior can help improve skills, motivate employees, anticipate organizational events, and create a better work environment. It also helps organizations understand customer behavior and use resources more efficiently. Personality is defined as distinctive patterns of thinking, feeling and acting. It is shaped by both hereditary and environmental factors like culture, family, friends and life experiences. Common personality types include extraversion, agreeableness, caution/risk-taking, self-consciousness and adventurousness.
1) The document discusses the Law of Significance and Inspiration, one of the 12 laws of karma. This law focuses on making contributions that affect the world and feeling purposeful.
2) It states that every contribution, no matter how small, impacts the whole and that loving contributions inspire others. The effects include getting back what you put in and contributions determining the true value and energy behind something.
3) The conclusion is that the Law of Significance and Inspiration causes people to work as a team, which improves efficiency to a greater level.
This document provides information about delegation of authority from a management seminar. It defines delegation of authority as assigning work to others and giving them the authority to complete it. It discusses the key concepts of authority and responsibility. Authority refers to the power to make decisions, while responsibility is the obligation to perform assigned duties. The document outlines the differences between authority and responsibility and explains the importance of delegating authority, such as effective management, employee development, motivation, facilitating growth, and better coordination.
Unit-5.3 Information Technology Act, 2000-MLP.pptxSanjith261
The Information Technology Act, 2000 is the first cyber law of India that aims to provide legal recognition for transactions carried out electronically. It facilitates e-commerce and e-governance. The Act defines cyber crimes and their different categories. It also explains the modes of committing cyber crimes like unauthorized access, theft of electronic information, email bombing, and virus/worm attacks. The objectives of the Act are to provide legal recognition to electronic records and create a regulatory framework for cyber crimes and digital signatures.
System/software testing involves various types of testing at different stages to detect errors and ensure reliability. It includes unit testing by programmers, integration testing of modules, system testing of full system with real data and user involvement, and acceptance testing in real-world environments. Testing strategies aim to thoroughly test all functionality through techniques like equivalence partitioning, boundary value analysis, and dependency analysis to reduce the number of test cases needed.
This document provides an overview of the Industrial Disputes Act of 1947 in India. It defines key terms like industrial dispute, appropriate government, workman, and wages. It describes the objectives of promoting amity between employers and employees. It outlines the features of the Act, including extending to all of India and emphasizing conciliation, arbitration, and adjudication of disputes. It then describes the various authorities established under the Act like Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, and different types of tribunals.
GST (Goods and Services Tax) is proposed as the biggest tax reform in India since independence. It will replace existing indirect taxes and provide a comprehensive indirect tax levy. GST is proposed as a dual GST with taxes to be levied concurrently by the central and state governments. It is expected to simplify and rationalize indirect tax structure in India and improve tax compliance. However, the complex federal structure in India poses challenges for the implementation of GST.
Blockchain technology was created by the developers of Bitcoin to record transactions in a way that makes them difficult to modify or hack. A blockchain uses cryptography to link blocks of transaction data together in a growing list, or chain, that is distributed across multiple network participants. Validated transactions are added to the blockchain in groups called blocks, and miners work to validate new blocks and are rewarded in cryptocurrency. Blockchain provides a decentralized and transparent alternative to traditional databases by allowing transactions to be recorded without a central authority.
Assessment and Planning in Educational technology.pptxKavitha Krishnan
In an education system, it is understood that assessment is only for the students, but on the other hand, the Assessment of teachers is also an important aspect of the education system that ensures teachers are providing high-quality instruction to students. The assessment process can be used to provide feedback and support for professional development, to inform decisions about teacher retention or promotion, or to evaluate teacher effectiveness for accountability purposes.
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Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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2. CONSUMER PROTECTION ACT, 1986
Law relating to ‘Consumer Protection’ is contained in this Act.
Enacted to meet the long felt necessity of protecting the
consumers from getting cheated by unscrupulous suppliers of
goods and services.
Remedy under various existing law like Sale of Goods Act,
Prevention of Food Adulteration Act, Standards of Weights and
Measures Act, Dangerous Drugs Act, etc., has become illusory.
Require the aggrieved consumer to initiate action by way of a
Civil suit involving expensive and time consuming legal process.
3. CONSUMER PROTECTION ACT, 1986
Consumer Protection Act, 1986 attempts to provide an
inexpensive, simpler, and quicker access to redressal of
consumer grievances.
Consumers can file their complaints against defective goods or
deficient services with Consumer Forums, namely, the District
Forum at the District level, State Commission at the State level
and National Commission at the National level.
There is no need to engage a lawyer to present the case and
there is a time limit for disposal of a case.
Aims to protect the interests of consumers by recognizing them
in the form of rights.
4. CONSUMER PROTECTION ACT, 1986
Various rights of consumers recognized to be promoted and
protected by the Consumer Protection Councils are as follows:
Right to Safety – To be protected against the sale of goods and
services which are hazardous to life and property.
Right to Information – Informed about quality, quantity, weight
& price of goods, so they are not cheated by unfair trade
practices.
Right to Choose – Assured access to a variety of goods and
services at the competitive price.
Right to be Heard – Heard & assured that their interest will
receive due consideration at appropriate forums.
Right to seek redressal against exploitation – To seek legal
redressal against unfair or restrictive trade practices.
Right to Consumer Education – Access to consumer
education. Unless consumers are aware of their rights and
remedies, protection of their interest shall remain a myth.
5. CONSUMER PROTECTION ACT, 1986
Consumer Protection Act, 1986 was amended in 1991, 1993
and 2002 to make it more effective and purposeful.
Consumer Protection (Amendment) Act, 2002 appears to be a
milestone.
It has strengthened the procedures and has conferred more
powers on the consumer disputes redressal agencies.
Amendment Act, 2002 is expected to greatly facilitate the
working of the redressal agencies and help in achieving speedy
settlement of disputes.
6. CONSUMER PROTECTION ACT, 1986
Scope and Applicability of the Act:
This Act extends to the whole of India except the state of
Jammu and Kashmir.
Applies to all goods and services except those notified by the
Central Govt. (Sec. 1).
As such the provisions of the Act grant additional remedy to the
consumers.
Definition of Consumer [Sec. 2(1)(d)]:
A “consumer” means any person who buys any goods for a
consideration which has been paid or promised or partly paid &
partly promised, or under any system of deferred payment, and
includes any person who uses such goods with approval of the
buyer. It does not include a person who buys goods for resale
or for any commercial purpose.
7. CONSUMER PROTECTION ACT, 1986
It may be observed that the aforestated definition of the term
‘Consumer’ is in two parts:
Consumer of goods
Consumer of services
Consumer of Goods:
Important features of the definition of ‘Consumer of goods’ may
be stated as follows:
Buying goods for consideration:
Buying of goods must be for consideration, which may be paid
immediately or promised to be paid later – even in installments.
Consideration may be in terms of money or other goods &
services.
8. CONSUMER PROTECTION ACT, 1986
User of goods with the approval of the buyer:
The term ‘Consumer’ includes any person who uses goods with
the permission of the buyer though he is himself not a buyer.
Goods should not be purchased for resale or for any
commercial purpose:
The term ‘Consumer’ does not include a person who buys goods
for ‘resale’ or for any ‘commercial purpose’.
Person buying goods for self employment is a consumer:
When the goods are bought and used by the buyer himself,
exclusively for the purpose of earning his livelihood, by means of
self employment, then such buyer/user is also recognized as a
consumer under the Act.
9. CONSUMER PROTECTION ACT, 1986
Consumer of Services:
A person is a ‘Consumer of Service’ if he satisfies the following
criteria:
Hiring of Services for Consideration:
There must be a transaction of hiring or availing of service for
consideration.
Payment of consideration need not necessarily be immediate.
Beneficiary of service is also a ‘Consumer’:
A beneficiary of services is also regarded as a ‘Consumer’
provided the beneficial use is made with the approval of the
person who hired the service.
Service should not be availed for any commercial purpose:
The term ‘Consumer of Service’ does not include a person who
avails service for any ‘Commercial purpose’.
10. CONSUMER PROTECTION ACT, 1986
Important Definitions:
Service [Sec. 2(1)(q):
“Service” means service of any description which is made
available to potential users & includes provision of facilities in
connection with banking, financing, insurance, transport,
processing, supply of electrical or other energy, boarding or
lodging or both, housing construction, entertainment,
amusement or the purveying of news or other information.
Complaint:
“Complaint” is an allegation made in writing to the National
Commission, the State Commission or the District Forum, by a
person competent to file it with a view to obtaining relief
provided under the Act.
11. CONSUMER PROTECTION ACT, 1986
Unfair trade practice: [Sec. 2(1)(r)]
“Unfair trade practice” means a trade practice which use or
supply of any goods or for the provision of any services, adopts
any unfair method or unfair or deceptive practice.
Restrictive trade practice: [Sec. 2(1)(nnn)
“Restrictive trade practice” means a trade practice which
tends to bring about manipulation of price and or its conditions
of delivery or to affect flow of supplies in the market relating to
goods or services in such a manner as to impose on the
consumers unjustified costs or restrictions.
12. CONSUMER PROTECTION ACT, 1986
Defect: [Sec. 2(l)(f)]
“Defect” means any fault, imperfection, or shortcoming in
quality, quantity, potency, purity, or standard which is required to
be maintained by or under any law for the time being in force or
under any contract, express or implied, or as claimed by the
trader in any manner whatsoever in relation to any goods.
Deficiency: [Sec. 2(l)(g)]
“Deficiency” means any fault, imperfection, shortcoming or
inadequacy in quality, nature & manner of performance which is
required to be maintained by or under any law for the time being
in force or has been undertaken to be performed by a person in
pursuance of a contract or otherwise in relation to any service.
13. CONSUMER PROTECTION ACT, 1986
Consumer Redressal Machineries & Forums:
Consumer Protection Act, 1986 provides for a three-tier
remedial machinery for speedy redressal of consumer disputes.
According to Sec.9, following agencies shall be established:
Consumer Disputes Redressal Forum to be Known as “District
Forum”.
State Consumer Disputes Redressal Commission (SCDRC) to
be known as “State Commission”.
National Consumer Disputes Redressal Commission (NCDRC)
to be known as “National Commission”.
Prime Objective is to relieve the conventional courts of their
burden which is ever increasing and delaying the disposal of
suits due to technicalities.
They are manned by qualified persons and have vested with
considerable powers.
14. CONSUMER PROTECTION ACT, 1986
District Forum:
Established by the State Govt. in each district of the state.
State Govt. establish more than one District Forum in a district.
Appointing Authority [Sec. 10(1-A)] – Every appointment of
the President & Members of District Forum shall be made by
State Government on recommendations of selection committee.
Term of Office [Sec. 10(2)] – Every member of the District
Forum shall hold office for a term of 5 years or upto the age of
65 years, whichever is earlier.
15. CONSUMER PROTECTION ACT, 1986
District Forum shall have jurisdiction to entertain complaints
where the value of goods or services and the compensation
claimed does not exceed Rs. 20 Lakhs.
When a claim exceeds this limit, the matter is beyond the
jurisdiction of the Forum.
Procedure to be followed by the District Forum on admission of
a complaint can be discussed under the following two heads:
Where laboratory test is required to determine defects in goods.
Where no laboratory test is required to determine the defects in
goods or the complaint relates to services.
16. CONSUMER PROTECTION ACT, 1986
State Commission:
Established by the State Govt. in the State by notification.
After District Forum, State Commission is next in the hierarchy
of Consumer Disputes Redressal Agencies under the Act.
Appointing Authority [Sec. 16(1-A)] – Every appointment of
the President & Members of State Commission are similar to
the procedure in District Forum.
Term of Office [Sec. 10(2)] – Every member of the State
Commission shall hold office for a term of 5 years or upto the
age of 67 years, whichever is earlier.
State Commission shall have jurisdiction to entertain complaints
where the value of goods or services & compensation claimed
exceeds Rs. 20 Lakhs, but does not exceed Rs. 1 Crore.
17. CONSUMER PROTECTION ACT, 1986
National Commission:
Top most layer in the three level hierarchy of the Consumer
Disputes Redressal Agencies.
The National Commission shall consist of:
A person who is or has been a judge of Supreme Court, to be
appointed by Central Govt., who shall be its president. But no
such appointment shall be made except after consultation with
the Chief Justice of India.
Atleast four other members or such higher number of members
as may be prescribed, and one of the whom shall be a woman.
Term of office [Sec. 20(3)] – Every member of the National
Commission shall hold office for a term of 5 years or upto the
age of 70 years, whichever is earlier.
18. CONSUMER PROTECTION ACT, 1986
Appointing Authority – Appointment of members of the NC is
made by the Central Govt. on recommendation of a selection
committee consist of the following:
A person who is a judge of the Supreme Court, to be nominated
by the Chief Justice of India – chairman.
Secretary in Dept. of Legal Affairs in the Govt. of India - member.
Secretary of Dept. dealing with consumer affairs in Govt. of India
– Member.
NC shall have jurisdiction to entertain complaints where value of
goods or services & compensation claimed exceeds Rs. 1 Crore.
Territorial jurisdiction of the NC is whole of India except the state
of Jammu & Kashmir.
NC has power to call for the records & pass appropriate orders in
any consumer dispute which is pending before or has been
decided by any State Commission.
19. CYBER LAWS
Generally applied to broad area of activities & technologies
associated with the use of computers & communication.
IT enables the corporate management to have access to timely,
accurate and relevant data, with the use of computers,
communication, telephone, internet, etc.
Helps in informed decision-making, minimizes the response time
& enables better coordination in the organization resulting in
reduced costs or increased profits.
20. CYBER LAWS
Information Technology Act, 2000:
Law relating to “Information Technology” is contained in IT Act,
2000 which came into force on 17th October, 2000.
It is the First Cyber Law in India.
Act has been designed to boost e-commerce, e-transactions &
similar activities associated with commerce & Trade.
Also facilitate e-Governance by means of reliable electronic goods.
IT Act provides for the use & acceptance of electronic records &
digital signatures in the Govt. Offices.
To prevent possible misuse arising out of the transactions & other
dealings concluded over electronic medium, IT Act also provides
for a regulatory regime to supervise the certifying Authorities
issuing Digital Signature Certificate.
21. CYBER LAWS
E-Commerce refers to the business transacted electronically.
Refers to trading of goods over the Internet.
It is on-line sale & purchase of goods & services for value by
using Internet technologies, such as internet processing, e-mail,
& World Wide Web (WWW) or just web browsing.
During the six years of post IT Act period, the increase in
e-commerce is taking place at a slow rate mainly because the IT
Act is silent on all aspects of payment.
22. CYBER LAWS
E-Governance refers to the application of IT to the processes of
Govt. functioning in order to bring about Simple, Moral,
Accountable, Responsive & Transparent (SMART) Governance.
Involves electronic filing of documents with the Govt. agencies &
creating a network of e-services & e-administration.
E-Governance is fast catching up and more & more Govt.
processes are going online resulting in less bureaucracy, more
transparency and openness.
Companies will be able to file any form, application or any other
document in electronic form & get licenses/certificates online.
23. CYBER LAWS
Scheme of the IT Act, 2000:
IT Act, 2000 consists of 13 chapters divided into 94 Sections.
Chapters I to VIII are mostly digital signature related.
Chapters IX to XIII are regarding penalties, offences, etc.
Act has four schedules on consequential amendments in respect
of certain other acts.
I schedule makes amendments to Indian penal Code, 1860.
II schedule makes amendments to Indian Evidence Act, 1872 to
provide necessary changes in various provisions which deal with
offences relating to documents & paper based transactions.
III schedule makes amendments to Bankers’ Books Evidence Act,
1891 to give legal purity for books of account maintained in the
electronic form by the banks.
IV schedule makes amendments to the RBI Act, 1934 to facilitate
electronic fund transfers between financial institutions & banks.
24. CYBER LAWS
Exceptions [Sec. 1(4)]:
Provisions of IT Act, 2000 shall not apply to the following documents:
Execution of a Negotiable Instrument under N.I Act, 1881.
Execution of Power of Attorney under Powers of Attorney Act, 1882.
Creation of a Trust under Indian Trusts Act, 1882.
Execution of a ‘will’ under the Indian Succession Act, 1925 including
any other testamentary disposition by whatever name called.
Entering into a contract for sale or conveyance of immovable property
or any interest in such property.
Execution of such class of documents or transactions as may be
notified by Central Govt. in Official Gazette.
Reason for excluding such documents are required to be
authenticated only by the handwritten signatures.
These require special attestation and/or registration formalities.
25. CYBER LAWS
Cyber crimes:
Crime or an offence is “a legal wrong that can be followed by
criminal proceedings which may result into punishment”.
A crime may be said to be any conduct accompanied by act or
omission prohibited by law & consequential breach of which is
visited by penal consequences.
Cyber crime is the latest & perhaps the most complicated
problem in the cyber world.
“ cyber crime may be said to be those species, of which, genus
is the conventional crime, & where either the computer is an
object or subject of the conduct constituting crime”.
26. CYBER LAWS
Definition – Cyber Crime:
“ Any criminal activity that uses a computer either as an
instrumentality, target or a means for perpetuating further crimes
comes within the field of cyber crime”.
A generalized definition of Cyber crime may be “unlawful acts
wherein the computer is either a tool or target or both”.
Computer as a target – Using a computer to attack other
computers. E.g., Hacking, Virus/worm attacks, DOS attack etc.
Computer as a weapon – Using a computer to commit real
world crimes. E.g., Cyber Terrorism, IPR violations, Credit card
frauds, etc.
27. CYBER LAWS
Cyber Terrorism:
Cyber Crime & Cyber Terrorism is both crimes of Cyber world.
Cyber Terrorism is a premeditated use of disruptive activities or
threat and with intention to further social, ideological, religious,
political or similar objectives, or to threaten any person in
furtherance of such objectives.
Cyber Criminal:
Any person who commits an illegal act with a guilty intention or
commits a crime is called an offender or a criminal.
Any person commits a Cyber Crime is known as Cyber Criminal.
Cyber criminals may be children & adolescents aged between
6-18 years & may be professionals hackers or crackers,
discontented employees, cheaters or even psychic persons.
28. CYBER LAWS
Reasons for Cyber Crime:
Computers are vulnerable so rule of law is required to protect &
safeguard them against Cyber Crime.
The reasons for vulnerability of computers may be said to be:
Capacity to store data in comparatively small space.
Easy to access.
Complex.
negligence.
Loss of evidence.
29. CYBER LAWS
Categories or Classifications of Cyber Criminals:
Cyber criminals constitute of various groups/category. They are:
Children & Adolescents between age group of 6 – 18 years:
Criminal behavior pattern in children is seen to explore things.
Organized Hackers:
Mostly organized together to fulfill certain objectives.
Professional Hackers/Crackers:
Mostly employed to cut the site of rivals & get credible, reliable &
valuable information.
Employed to crack the system of employer basically as measure.
Discontented employees:
Dismissed by their employer or dissatisfied with their employer.
30. CYBER LAWS
Mode & Manner of Committing Cyber Crime:
Unauthorized access to computer systems or networks/hacking.
Theft of information contained in electronic form.
Email bombing – Sending large numbers of mails to the victim.
Data diddling – Altering raw data just before computer process.
Salami attacks – Prevailing in financial institutions or committing
financial crimes & alteration is small & it normally go unnoticed.
Denial of Service attack – flooded with more requests.
Virus / Worm attacks – affects the data on a computer, either by
altering or deleting it.
Logic bombs – created to do something only when a certain
event occurs.
31. CYBER LAWS
Trojan Attacks – gains control over another’s system by
representing itself as an authorized programme. E.g., Trojan is
through e-mail.
Internet time thefts – done by gaining access to the login ID and
the password.
Web jacking – gains access & control over website of another.
E-mail and Internet Relay Chat crimes
Pornography – describing or showing sexual acts & include
pornographic websites.
Forgery – currency notes, postage & revenue stamps, mark
sheets etc can be forged using printers and scanners.
IPR violations – include software piracy, copyright violation,
trademark violations, theft of computer source code, patent
violations, etc.
Cyber terrorism
32. CYBER LAWS
Banking / Credit Card related crimes
E-commerce / investment Frauds – Investors are attracted to
invest in this fraudulent scheme.
Sale of illegal articles – include trade of narcotics, weapons and
wildlife etc.
Online gambling
Defamation – understood as the intentional infringement of
another person’s right to his good name.
Cyber stacking – involves following a persons movements
across the Internet by posting messages & threatening.
Pedophiles – earns teens trust & gradually seduce them into
sexual or indecent acts.
Theft of computer system (Hardware)
Breach of privacy and confidentiality
33. INTELLECTUAL PROPERTY RIGHTS
IPR Make individuals to avail the results of their new ideas &
creation of new products.
In the absence of such protection, there would be no incentive for
them to create new things and ideas.
Rights were only limited to tangible products, but now it is also
possible to patent an idea or a process.
Patents:
A Patent is a govt. license that gives the holder exclusive rights to
use, manufacture & sell a new process, design or a new invention
for a non-renewable limited time period (20 years in India) without
interference or violation by other parties.
34. INTELLECTUAL PROPERTY RIGHTS
Usually granted to the designer/inventor of the item if the patent
is applied for and approved before knowledge of the design
becomes part of the public domain.
A Patentable invention can be new product, a new process, a
new apparatus & a new use of a known product.
Cannot be obtained for something that is known or an obvious
modification of what is known.
Owner of a patent can sell the property.
A Patent granted in one state/country cannot be enforced in
another state/country, unless it is also registered in that state
country.
Objective of the claim is to cover what a competitor might try to
do having seen the invention, possibly by applying it in a
different way.
35. INTELLECTUAL PROPERTY RIGHTS
Copyright:
The legal right granted to an author, composer, playwright,
publisher, or distributor to exclusive publication, production, sale
or distribution of a literary, musical, dramatic, or to artistic work.
Copyright is the legal ownership of a ‘work’.
Written text, program source code, graphics images, sculpture,
music, sound recording, motion picture, pantomime,
choreograph & architecture.
36. INTELLECTUAL PROPERTY RIGHTS
Trade Marks:
A Trade Mark is a visual symbol in the form of a word, device,
brand, ticket, heading, label, etc.
Applied to articles of commerce with a view to indicate to the
purchasing public that they are the goods manufactured by a
particular person as distinguished from similar goods
manufactured by other persons.
37. INTELLECTUAL PROPERTY RIGHTS
Intellectual Property:
Intellectual Property refers to creations of the mind; inventions,
literary and artistic works, and symbols, names, and images
used in commerce.
Intellectual Property Rights:
IPR are legal rights, which result from intellectual activity in the
industrial, scientific, literary and artistic fields.
IPR are like any other property rights – they allow the creator, or
owner, of a patent, trademark, or copyright to benefit from his or
her own work or investment.
38. INTELLECTUAL PROPERTY RIGHTS
IPR in India:
India has defined the establishment of statutory, administrative
and judicial framework for protecting the IPR in Indian territory.
In 1999, Govt. has passed the important legislation in relation to
the protection of IPR on the terms of them world practices.
It consists of:
The Patents (Amendment) Act, 1999 which was passed on 10th
March, 1999 for amending the Patents Act of 1970 which in turns
facilitate to establish the mail box system for filing patents &
accords with exclusive marketing rights for time period of 5 years.
39. INTELLECTUAL PROPERTY RIGHTS
The Trade marks Bill, 1999 was passed for replacing the Trade
& Merchandize Marks Act, 1958.
The Copyright (Amendment) Act, 1999 was passed for
replacing Indian Copyright Act, 1957.
The Sui generis legislation was approved & was named as the
Geographical Indications of Goods (Registration& Protection)
Bill, 1999.
The Industrial Designs Bill, 1999 was passed for replacing the
Designs Act, 1911.
The Patents (Second Amendment) Bill, 1999 was introduced for
further amending Patents Act 1970 & making it compliance with
TRIPS ( Trade-related aspects of Intellectual Property Rights).