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Cyber Laws in IT & ITES

With the phenomenal and enormous growth of Internet specialized branch of Law called Cyber Law.

Immigration & Emmigration

When a person enters a new country for the purpose of establishing permanent residence and ultimately gaining citizenship , it is called

Immigration.But the residence of immigrants is subject to the conditions set by the Immigration Law.


Offence of Riot and Damages

The English Law has defined Riot under the Public Order Act, 1986. Previously, the Rioting Act of 1714 was in force which authorized the local authorities to declare any group of more than twelve people to be unlawfully assembled. The Public Order Act, 1986 defines Riot as twelve or more persons who "together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety". A single person can also be charged for an ‘offence of riot’ for the use of violence if it can be shown that there were at least twelve persons present using or threatening violence. Such violence can either be against person or property. The offence of Riot is punishable with fine and a sentence of up to ten years' imprisonment. When there are less than twelve persons present, the lesser offence of Violent Disorder is charged, which requires at least three persons to use or threaten unlawful violence together. The definition of Violent Disorder is similar to riot but the element of common purpose is not there.

The Riot (Damages) Act 1886 was legislated with an objective to provide Compensation to victims for Losses by Riots. Under the provisions of Riot (Damages) Act 1886 police authority in England and Wales is bound to pay for damages to buildings and their contents when a riot has taken place. The offence of Riot is ascertained by section 1 of the Public Order Act 1986. The Act contains provisions of compensation to persons for damage by Riot, mode of awarding compensation, payment of compensation and expenses and raising of money, application of Act to wreck and machinery, etc. The Act also guarantees right of action to person aggrieved. The Riot (Damages) Act 1886 states that ‘Where a claim to compensation has been made in accordance with the regulations, and the claimant is aggrieved by the refusal or failure of the [F1 compensation authority] to fix compensation upon such claim, or by the amount of compensation fixed, he may bring an action against the [F1 compensation authority] to recover compensation in respect of all or any of the matters mentioned in such claim and to an amount not exceeding that mentioned therein, but if in such action he fails to recover any compensation or an amount exceeding that fixed by the [F1 compensation authority], he shall pay the costs of the police authority as between solicitor and client’. The provision of compensation under the Act is not applicable in case of personal injury, loss of business or damage to property outside of buildings save that which is on “premises appurtenant to the same”. The claims for such compensation must be made to the police authority within 14 days of a riot and in circumstances where this is not possible the claimant can seek an extension from the authority to 42 days. When the compensation is fixed, the conduct of the claimant is also taken into consideration. It is scrutinized whether he had taken sufficient precautions, whether he was a party to the riot or whether he had offered any provocation. Where the claimant has received compensation from a third party such as the insurance company, the sum receivable under the 1986 Act is to that extent reduced. However the third party is entitled to recover the sum paid ass if he had sustained the loss.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1886/cukpga_18860038_en_1 http://www.webtribe.net/~shg/Public%20Order%20Act%201986%20(1986%20c%2064)%20Sect%204A,%205,%206.htm