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The Registration of Births and Deaths Act 1969 and the Karnataka Registration of Births and deaths rules 1999,deals with the formalities pertaining to the Registration of Births and Deaths in Karnataka. As per the Act the concerned persons are bound to inform the Registrar regarding Births and Deaths.

Births and Deaths in a house: The head of the house, in a hospital: The Medical officer in-charge, In a Jail: Jailor in-charge, in hostels, Lodges etc: the person in-charge, in a public place: the headman of the village is responsible for reporting the Births and Deaths. The —- who gives the information under this act shall write in the register maintain in this behalf, his name, description and his place of residence.

Any births or deaths, which are registered after the expiry of the period within 30 days of its occurrence, shall be registered on payment of a late fee. Any births or deaths, which have not been registered within one year of its occurrence, shall be registered only by an order of an Jurisdiction Magistrate.

When the birth of a child has been registered without a name, the parent or guardian of such a child within the prescribed period give information regarding the name of a child, to the Registrar either orally or in written and there upon the registrar shall enter such name in the register and initial and date the entry.

An entry of a birth and death in any register is found to be erroneous, the registrar his power to correct the said error.

Karnataka State Commission for Women was set up by an Act of 1995 with an objective for achieving all round development of the women. The commission consists of a chairperson and members who are nominated by the Government and few ex-officio members. The chairperson and other members hold office for a period not exceeding 3 years. The functions of the Commission includes:

(a) Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
(b) Present to the Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(c) Make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the State;
(d) Review, from time to time, the existing provisions of the Constitution and other Laws affecting the women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacuna or inadequacies or shortcomings in such legislations;
(e) Take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
(f) Look into complaints and take suo-moto notice of matters relating to:-
(i) Deprivation of women’s rights;
(ii) Non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
(iii) Non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to  women and take up the issues arising out of such matters with appropriate authorities. 

The other functions of the Commission are:
(a) Call for special studies or investigation into specific problems or  situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
(b) Undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impending their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
(c) Inspect or cause to be inspected a jail, remand home, women’s institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, wherever found necessary;
(d) Fund litigation involving issues affecting a large body of women;
(e) Participate and advice on the planning process of socio-economic development of women;
(f) Evaluate the progress of the development of women under the State,
(g) Make periodical report to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
(h) Involve with voluntary organizations in the State, more particularly women’s organizations besides governmental departments and its agencies in the discharging of its functions;

The Medical Termination of Pregnancy Act 1971 was enacted by the Parliament of India to provide for the termination of certain pregnancies by Registered Medical Practitioners and for matters connected there with.

Accordingly, a pregnancy may be terminated by a Registered Medical Practitioner, if the length of pregnancy doesn’t exceed more than 12 weeks and he is of the opinion that the continuation of the pregnancy would involve a risk to the life of the pregnant woman or of great injury to physical or mental health or that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

If the pregnancy exceeds 12 weeks, but doesn’t exceed 20 weeks, the opinion in good faith as above, of two Registered Medical Practitioners is required for the termination of pregnancy. Where any pregnancy is alleged to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant women. Similarly where any pregnancy occurs as a result of failure of any device or method by any married women or her husband for the purpose of limiting their children, the anguish caused by such unwanted pregnancy is presumed to constitute a grave injury to mental health of the pregnant women.

No pregnancy of women who has not attained the age of 18 years or having attained the age of 18 years who is a mentally ill person shall be terminated except with the consent in writing of her guardian.

The Jurisdiction, powers and authority of the Commission may be exercised by Benches which shall be constituted by the Chairperson .The Bench shall consists of not less than two members.

On receipt of a complaint or a reference from the Central Government, or a Statutory authority or on its own knowledge or information, the Commission is of the opinion that there exists a prima facia case, shall direct the Director General to cause an investigation to be made into the matter.

The Commission can levy penalty for contravention of its orders, failure to comply with its directions, making of false statements or omission to furnish material information, etc. Further the Commission can levy upon an enterprise a penalty of not more than 10% of its average turnover for the last three financial years. It can also order division of dominant enterprises. It will also have power to order demerger in the case of mergers and amalgamations that adversely affect competition.

The act provides for a fund called the Competition fund. The grants given by the Central Government, fees received under the Act and costs realized by the Commission and application fees charged will be credited into this Fund.

Part two of the constitution of India deals with citizenship. As per article 5, at the commencement of the constitution every person who has his domicile in the territory of India and who was born in the territory of India or either of whose parents are born in the territory India or who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement shall be a citizen of India.

A person who has pirated to the territory of India from the territory now included in Pakistan shall be deemed to a citizen of India at the commencement of this constitution if: –

a) He or either of his parents or any of his grandparents was born in India as defined in the Government of India Act 1935

b) Incase such parents has so migrated before the nineteenth day of july, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

c) Incase where such persons has so migrated on or after the nineteen day of July 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of Dominion of India on an application made by him therefore to such officer before the commencement of this constitution in the form and manner prescribed by that Government.

Notwithstanding anything in article 5 and 6, a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to a citizen of India. Provided that nothing in this article shall apply to a person who, after having so migrated to the now included in Pakistan, has returned to India under a permit for resettlement or permanent return issue by or under the authority of any law or every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteen day of July 1948.

Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 and who is ordinarily residing in the country outside India, as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing, on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

No person shall be a citizen of India by virtue of article 5,or be deemed to be a citizen of India by virtue of article 6 or article 8,if he has voluntarily acquired the citizenship of any foreign state.

Every person who is or is deemed to be a citizen of India under any of the forgoing provision of this part shall, subject to the provisions of any Law that may be made by the Parliament, continue to be such citizen.

Nothing in the forgoing provision of this part shall derogate from the power of the Parliament to make any provisions with respect to the acquisition and termination of citizenship and all other matter relating to citizenship.

The Indian Partnership Act, 1932 regulates the law relating to partnership in India. Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. The persons who have entered into partnership with one another are called individually ”partners” and collectively a “firm” and the name under which their business is carried on is called the “firm name.” The relation of partnership arises from contract and not from status. If there is no provision for the duration or determination of a partnership, such a partnership is called a “partnership at will”.

The Partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other and to render true accounts and full information of all things affecting the firm to any partner. Every partner is liable to indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm.

Every partner has a right to take part in the conduct of the business and every partner is bound to attend diligently to his duties in the conduct of the business. Any differences arising as to ordinary matters connected with the business may be decided by a majority of the Partners. However, a change in the nature of business can be decided only with the consent of all the partners.

The Karnataka Shops and Commercial Establishment’s Act, 1961 provides for the regulations of conditions of work and employment in shops and commercial establishments. According to section 4 of this Act, the employer of every establishment, shall send to the Inspector of the area concerned, a statement, with the required fee, containing the information regarding name of the employer and manager, address of the establishment, name of the establishment, and such other particulars. On receipt of the said statement, the Inspector shall register the establishment and issue a registration certificate, which shall be prominently displayed in the establishment. A registration certificate issued so, shall be valid for 5 years and thereafter it need to be renewed.

Under section 2(u) of this Act a “Shop” is defined as “Shop means any premises where any trade or business is carried on or where services are rendered to customers, and includes offices, storerooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business”. Hence a bare reading of the provisions of the act makes it clear that offices, godowns and warehouses used in connection with any trade or business are liable for separate registration under the Act.

As per section 4 of the said act, the liability to obtain the registration of an establishment lies on the Employer. Section 2(h) of the act defines Employer as follows “Employer means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes members of the family of an employer, a manager, agent or other person acting in the general management or control of an establishment”. Hence it is crystal clear that the Registration Certificate needs to be obtained in the name of the employer or the owner of the business. Even if the business is being run on the rented premises, the Registration Certificate needs to be obtained in the name of the employer or the owner of the business and not in the name of the owner of the premises.

As per section 6-A of the said act, every employer employing any person, in connection with his establishment, shall issue an appointment order in writing, within 30 days of his appointment.

No employee in any establishment shall be required to work for more than nine hours on any day any forty-eight hours in any week. Further the total number of hours of work including overtime shall not exceed ten hours in any day. It is further provided that the total number of overtime hours worked by an employee shall not exceed fifty in a period of three continuous months.

Further no young person shall be allowed to work in any establishment for more than 5 hours a day. Here a young person means a person between fourteen and eighteen years.

As per section 9 of the Act, no employ in any establishment shall work for more than five hours at a stretch. After five hours of work, an employee shall be given at least 1 hour of rest.

Every establishment shall remain close for one day of the week. The said day shall be displayed on a notice, in a conspicuous place in the establishment. Further every employee in an establishment shall be given at least one whole day in a week as holiday for rest.

No child shall be required or allowed to work in any establishment. Further no women or a young person shall be required to work in an establishment during nighttime. However, the State Government shall exempt establishment of IT or ITES from the application of this provision.

No employer shall remove or dismiss an employee who has put in service under him continuously for a period not less than six months, except for a reasonable cause and unless and until one month previous notice or pay in lieu thereof has been given to him. Provided that where misconduct of an employee is brought on record with proof at an enquiry held for the purpose, he shall not be entitled to the notice or pay in lieu of such notice.

Article 226 of the constitution confers the High Courts wide powers to issue orders and writs to any person or authority. Before a writ or an order is passed, the party approaching the court has to establish that he has a right and that right is illegally invaded or threatened. High court can issue writ and directions, to any Government, authority or person even beyond its territorial jurisdiction, if the cause of action partly arises within its territorial jurisdiction.

Wherever questions of facts are involved normally High Court does not exercise its power under article 226.Similary when an alternative remedy is available to the Petitioner, the Courts do not entertain petitions under Article 226.Also when there is an inordinate delay in approaching the court, the court may not give relief acting under this Article.

There are various types of Writs: – Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. Supreme Court under Article 32 of the Constitution can exercise similar Powers.

The basic idea in conferring powers under Article 226 upon High Court is to see that the rule of law is maintained in the society. The executive Authorities are to be corrected whenever they transgress the limits of their power and encroach upon the rights of the citizen. Violations of human rights, natural rights etc., are instances where the High courts interfere using this powerful article of the constitution.

Caveat is a preventive relief available to citizens. This gives them the immediate intimation from the court whenever an opposite party approaches the Court with some prayer. When an application is made in a suit or proceeding or a proceeding to be instituted, any person claming a right to appear before the court on the hearing of such application may lodge a Caveat. A person can avail this right if he anticipates filing of a suit or other proceedings by any other person affecting his interests.

A person lodging a caveat (Caveator) shall serve a notice of the Caveat by registered post, on the person by whom the proceeding may be initiated. After the caveat has been lodged, if any application is filed, the Court shall serve a notice of the application on the Caveator.

A Caveat shall remain in force only for ninety days, after which a fresh Caveat can be filed. A caveat cannot be filed in criminal matters.

The enactment of the Consumer protection Act 1986 was an important milestone in the history of the Consumer movement in India. The Act was made for the better protection and promotion of consumer rights through the establishment of Consumer Councils and Consumer Disputes Redressal Agencies. These agencies include Consumer Forums at district level, State Commission at state level and National Commission at national level.

These agencies attempt to provide simple, inexpensive and speedy justice to the consumers with complaints against defective goods, deficient services and unfair and restrictive trade practices. In comparison to the proceedings in normal civil courts the proceedings before these agencies are faster and less technical. Many consumers prosecute their matters even without the assistance of advocates before these agencies. In Karnataka, the Bangalore Urban District Consumer Forum is located at Cauvery Bhavan and the State Commission is situated at Basava Bhavan near Chalukya Hotel.

Complaints where the value of goods or services and the compensation does not exceed Rupees twenty lakhs shall be filed before a District Forum and those between 20 lakhs and one crore shall be filed before the State Commissions and those exceeding 1 crore shall be filed before the National Commission.

Appeals against the order of District Forums have to be field before State Commissions and appeal against the orders of Sate Commissions have to be field before the National Commission.