Advocate Upadhye and Associates

                                                     The most basic benefit of company law incorporation is that it invites the general public to invest in them. A business with a rating of incorporation owes its establishment to either a special Act of Parliament or company legislation. A corporation is more than just a legal entity. It's more of a legal device for achieving a social and economic goal. As a result, it's a multi-faceted political, social, economic, and legal entity. As a result, the term "business" has been defined in a variety of ways. It is a method of cooperation and organization used in the functioning of a business. According to Lord Justice Lindley, an organization is "an association of several persons who contr...

  India has the world's second largest population making it one the biggest consumer of Narcotic Drugs and Psychotropic Substances often known as ganja, charas, opium, lsd, cocaine etc. Due to lockdown the consumption was supposed to decline but instead it has increased significantly. Nearly 3.1 crore population of our country is a user of cannabis and approx. 1.08 people are users of sedatives. 1.20% of people from age 10 to 75 use cannabis, 0.11% people in the same age group use cocaine and 2.06% people of the same age group use opioids. This is massive abuse of drugs. According to Global Burden of Disease Study 2017 there were a total 22,000 deaths in India due to abuse or overdose of drugs and 80% of them were premature. A substantial amount of our country's population deals in consumption, sale, manufacturing, selling and possessing of Narcotic Drugs and Psychotropic Substances. To curb this NDPS Act plays a vital role. The Narcotic Drugs and Psychotropic Substances Act wa...

“ Criticism may not be agreeable, but it is necessary. It fulfils the same function as pain in the human body; it calls attention to the development of an unhealthy state of things'' -By Winston Churchill. Right to freedom of speech and expression is a fundamental right guaranteed by the Indian constitution part 3. Article 19 (1) states that “all citizens shall have the right to freedom of speech and expression” . Though fundamental rights are not absolute in nature they are exercised within reasonable restrictions. A human being has no standing in the real world if he can not exercise the right to freedom of speech and expression freely. He becomes utterly invisible in this world. The right to freedom of speech and expression fortifies our identities and it is of extreme importance to express one's view in a democratic country. Article 19 (1) does not only mean the right to freedom of speech but also freedom to criticize freely. Be it any person, politician or government. ...

  In our country about 38% of woman have faced sexual harassment at work place and 68.9% has refrained themselves from complaining about it.  It became essential to introduce such law which protects women form such atrocities. Sexual harassment at work place curbs the fundamental rights of woman which are article 14,15 and most importantly article 21. POSH (Prevention of Sexual Harassment at Workplace) act was introduced years later the infamous judgement came in the case of Vishakha and others v State of Rajasthan , 1997. Where a woman named Bhanwari Devi a social worker was gang raped while she was working to stop a cruel practice of child marriage widely prevalent at that time. This act was introduced to prevent, prohibit and redress acts of sexual harassment at workplace and it made Vishakha guidelines even more robust. These guidelines were instated by Ministry for Women and Child Development on 9 December 2013. This act defines terms like workplace, the extent of law, a...

  Today’s era is a digital era and our country with the world’s second largest is not untouched from the risks and afflictions of cybercrime. Over the past years an incessant spur has been recorded worldwide and in India a total of over 3.17 lakh cybercrimes and 5,771 FIRs have been registered in the past 20 months. And in august 2019 government provided a centralized  mechanism, a National Cyber Crime Reporting Portal to register complaints online. So, what is cybercrime and under which law it is punishable? In order to commit cybercrime an offender will require a computer and a network . A computer can be used for a crime or can be a target for a crime. Every device having an IP address can be used to commit cybercrime. Cybercrime in India is punished under the relevant sections of the Indian Penal Code, 1860 and Information Technology Act, 2000 and. IT Act widely known as cyber law in India. Cyber law is the law that governs Cyberspace and Internet and the concerned legal i...

Since the pandemic began, we relied more and more on the internet and it eventually made our life more digitalized . We have become more dependent on the internet during this pandemic; hence we became more prone to cyber-attacks and online bank frauds, cyber bullying, phishing etc. As per RBI report there is an increment of 28% in cases of frauds. There were a total 8,707 cases in 2019-2020 and 1558 cases of frauds were reported between April-June 2020 amounting to Rs 28,843 crore. In 2020 RBI reported bank fraud amounting to 1.85 trillion Rs. In 2020 FTC 4.8 million reports . This data reflects that a significant amount of people is affected by bank frauds and a substantial amount was lost by people in these frauds. Online bank fraud is a criminal act that occurs when a person uses illegal methods involving an IP address and internet to rob or fraud people to steal money. It is punishable under Information and Technology Act 2008 and Indian Penal Code, 1860. Bank frauds are a very com...