Avnish Bajaj vs State, famously known as Bazee.com case (2005)
In the Avnish Bajaj v. State (NCT) of Delhi case, Mr. Avnish Bajaj sought the quashing of a summoning order issued against him by the competent Court. This summoning order stemmed from allegations that he had committed offenses under Section 292 of the Indian Penal Code (related to the advertisement/sale of obscene objects) and Section 67 of the Information Technology Act (related to causing the publication of obscene objects on the internet) during his tenure as the Managing Director of Bazee, an online platform later acquired by E-Bay.
The case revolved around an incident where an obscene video was listed for sale on the Bazee website, despite safety filters designed to prevent such listings. Although the listing was removed within a couple of days upon discovery, several sales had already occurred. Avnish Bajaj was named as an accused in the charge sheet filed by the prosecution, leading him to file a petition under Section 482 before the Delhi High Court to quash the summoning order.
Key Issues and Arguments:
1. Liability of the Website: The main issue was whether the website, Bazee (later E-Bay), and its Managing Director could be held liable for the listing of the obscene video. The petitioner argued that the transaction occurred directly between the seller and the buyer without the website’s direct involvement, so holding the website responsible for the listing was unjust.
2. Charges Under Section 292 and 294 IPC and Section 67 IT Act: The case also raised questions about whether the offenses under Section 292 and 294 of the Indian Penal Code and Section 67 of the IT Act were applicable in this situation.
3. Liability of the Managing Director: There was a debate regarding whether the Managing Director of the company could be held liable if the company itself was not named as a principal accused under Section 67 of the IT Act.
Court’s Judgment:
The court found a prima facie case under Section 292 (2) (a) and 292 (2) (d) of the IPC against the website. It held that the website could be attributed with knowledge of the obscene content due to the absence of appropriate filters, making it potentially liable under the strict liability imposed by Section 292.
However, the court did not find a prima facie case against Avnish Bajaj. It pointed out that the Indian Penal Code did not recognize the concept of automatic criminal liability for a director when the company was not accused. Therefore, Avnish Bajaj was not held liable under the provisions of Section 292 and 294 of the Indian Penal Code.
However, Avnish Bajaj was held liable under Section 67 of the IT Act because the law recognized the criminal liability of directors even when the company was not named as an accused. The court’s decision was based on Section 85 of the IT Act, which allows proceedings against individuals in charge of a company that commits an offense under the IT Act.
Later Developments:
The Supreme Court, in a subsequent case in 2012, overruled the findings, stating that vicarious liability could not be attributed to Avnish Bajaj since the company was not arraigned as an accused. This led to a change in the IT Act to introduce an amendment to Section 79(1) of the IT Act, providing immunity and safe harbor to intermediaries, such as websites, for content posted by third parties under certain conditions.
In summary, the case involved complex legal issues surrounding the liability of a website and its Managing Director for obscene content posted by users, leading to significant legal developments in India’s IT Act.
Written by: Advocate Muskan Chauhan
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Unfortunately, whereas the overhead press does activate the aspect
delts, it isn’t sufficient to create that round shoulder
form. When most people speak about shoulder coaching, they’re referring to the deltoids, which have three completely
different heads – the anterior (front), medial (side), and rear delts.
These three heads are the prime movers of the shoulder joint and upper
arm in various directions. The shoulder muscle is among the most attention-grabbing anatomically because every head has its own insertion level and might work independently from the other heads.
Regardless of why it happens, a stronger shoulder can deal with
the abuse far more successfully than a weak one. Big, broad shoulders are one
of the defining options when it comes to males’s aesthetics.
After the routine, we’ll go through every thing else you
need to know, including essential programming tips, coaching variables,
and ways to continue progressing.
Neither model is superior to the opposite, so decide the one you like
the most effective. The brachialis and brachioradialis may not get the glory just like the biceps.
Still, they play an necessary function in making sure you
can carry, carry, wave, and perform many other on a
regular basis duties with your arms. The biceps may be a small muscle, nevertheless it holds a particular place within the hearts of many,
even exterior fitness and bodybuilding. While the barbell is the
obvious tools choice, it could trigger pain in the entrance of the shoulder for some lifters.
Utilizing dumbbells, kettlebells, or an EZ bar are better
equipment options to reduce this sensation. Using a cable keeps steady
pressure on the muscle and lets you higher management the
eccentric (lowering) part of the train.
If you mentally check out out of your training sessions, it’s no
shock your muscle progress has stalled. Keep your shoulder blades depressed and
pulled again to forestall your upper traps from taking on. Focus on squeezing the delts to initiate every train to hone in in your goal muscle group.
One of the reasons guys do not train shoulders, especially the overhead press, is
it tends to be a pretty weak motion pattern and muscle group for many lifters.
To do this we’re going to do a tri-set with cable machine raises.
We’ll do variations for the entrance delt,
the center delt, and the rear delt.
As A Substitute of bending over and going through
the bottom, you’re actually going to put on your again. Get
down on all fours and plant your elbows into the bottom like you’re about to
perform a plank. “Pause briefly at the prime of every repetition when your arms are according to your ears earlier than externally rotating the shoulders,” says Saini.
Saini highlights that the eccentric section of this exercise
is as necessary as the concentric. Spend 2-3 seconds on the descent to maximize goal muscle stimulation. This baker’s
dozen trap dumbbell workouts will work each fiber of
your trapezius, from the base of the neck to the mid-spine.
Some examples of variations embody single-arm raises, chest-supported
aspect raises, and dumbbell lateral to-front raises. It’s a variation of the normal overhead press, however with a neutral
grip instead of a pronated (overhand) or supinated (underhand) grip.
The dumbbell shrug is a superb train for
building shoulder power, bettering posture, and relieving
neck and shoulder ache. There are many variations of bent-over lateral elevate that
you could add to your exercise routine, and all have their very own distinctive benefits.
They are performing the train whereas the seated shoulder press is
a stricter version than standing and prevents cheating the weight upward utilizing momentum generated by the legs.
Lifting to get wider shoulders requires attacking the facet delts.
The broad physique is a mixture of a giant upper back and lats with a smaller waist by way of
reduced body fat. In my experience, nothing will develop your higher again just like the snatch grip high pull from the blocks.
When we dive into the research, we see probably the most
vital activation of the side delts is through the lateral
elevate train in comparability with some
other exercise [1,2].
As a power and conditioning coach, I’ll share techniques,
ideas, and cues that I use with my purchasers.
Upright rows have a foul rep for being dangerous since you internally rotate your shoulder and then out to the aspect, potentially growing the danger of
shoulder impingement. Whereas associated to the bench press, the floor press provides distinct characteristics and advantages.
If you need to have the ability to do handstands, you need sturdy shoulders
and a strong core. Slowly return the gallons back
to the beginning place, nonetheless keeping the elbows slightly bent.
Unfold your arms out with a slight bend in your elbows, identical to you’d with a reverse fly.
One Other train for the back of the shoulder is a variation of the reverse fly.
Based Mostly on that, you ought to be doing about 8-12 whole sets
per week for side and rear delts and 6-8 sets for the front delts.
Any urgent or pulling motion you do with your upper body
involves your shoulders. The seated bent-over reverse fly is another variation to focus on the
rear delts alongside the mid and higher traps. Safe to say, the typical lifting enthusiast
in all probability doesn’t must perform front raises.
Moreover, your delts begin to fatigue after several sets of heavy chest and bicep work.
While a row is generally used for again improvement – particularly the lats,
rhomboids and traps – it’s also an outstanding
posterior delt developer. This is highlighted by a latest examine which investigated the EMG activity of every
head during a variety of shoulder-based resistance workout routines.
This exercise makes use of the same form, but instead of returning to the ground after a short pause, your goal is to carry the handstand position for as long as you can. We shall be remarking on what muscles are being worked
for each of the 9 workouts. Your shoulders include three main muscular tissues,
generally recognized as the Deltoids or Delts.
If you need to look your finest from a physique composition perspective,
you’ll have to maintain up a decrease physique fat percentage and an honest amount of muscle mass.
Always remember that the exercise and workout routines
you carry out are just one piece of the puzzle.
In addition, cable row is amongst the best corrective exercises that assist compensate for poor posture and shoulder dysfunction. Now, it’s
a pretty simple exercise, and anybody can do
it effectively, making it ideal for dimension and strength features.
You can use numerous attachments with the cable that can hit virtually every muscle group
a method or one other. As long as you train these, you’ll be hitting every head of the shoulder muscle group.
The video beneath does not use a bench for stability, but you’ll be able to
see the range of motion you ought to be utilizing.
Whereas sure, using challenging weights will help trigger progress, you are also extra likely to use other muscle teams to get the burden shifting, which leads us to our next mistake.
There are four muscular tissues in your rotator cuff, five in your shoulder girdle, and three deltoid heads.
That’s so much that can go incorrect when you don’t make
certain every little thing is primed and ready to go.
It targets a unique part of the deltoid than the
frontal raise. The medial deltoids are the aspect a part
of the shoulder muscle and are specifically labored during the lateral increase.
Reverse curls drive your brachialis and forearm muscular tissues
to do extra of the work. In addition, they’re a good way to enhance your grip
energy. The front, or anterior, deltoid starts from the outer portion of the clavicle and attaches to the deltoid tuberosity, positioned at the top of the upper arm.
This a half of the muscle participates in any motion during which the upper arm is pulled forward and/or upward.
Your backbone should stay impartial in the course of the
train, with the ability during the carry coming all out of your shoulders.
It you find bodyweight dips too challenging, you might make the exercise more accessible by utilizing a resistance band.
The incline bench press is a variation of the standard flat
bench press. It is performed by inclining the bench to an angle, usually between 15
and forty five levels. Many individuals imagine the delts are comparatively small in comparability
with main muscle teams like your pecs or lats, but in reality, they
are extra sizeable than both. It’s a tough fact to just accept, however there’s solely
so much you can do in pursuit of broader shoulders.
The least you are in a place to do to simplify your workouts is push your self as far
as you probably can.
Do every thing you can to “push” these dumbbells out with facet delt energy only, and
hold them shifting as lengthy as possible.
You might be stunned at what a burn these can produce, and what
a shock they are often to the usually “lightly-worked” facet delts.
With this train, the resistance isn’t coming from
the ground up, like it would in a typical dumbbell or barbell press.
It’s pulling you toward the entrance, which implies you need to activate the muscle tissue on the back aspect
of your physique. These are the rear delt and more importantly, the rotator
cuff muscular tissues. By all means, embody a few isolation workouts in your shoulder-building workouts, however for finest
measurement and strength results, your focus must be on compound shoulder workouts.
Earlier Than the bench press became the world’s favorite higher body train, the barbell standing press was the king of the lifts.
Overhead presses build muscle mass and would possibly and are a real test of energy.
They’re additionally top-of-the-line ways to develop large shoulders.
When it comes to constructing a powerful, aesthetic physique, well-developed shoulders
are a game-changer. Broad, muscular shoulders not only enhance your general
appearance but also contribute to upper body strength and performance.
The movement required for the dumbbell entrance elevate is equivalent to the lateral elevate; the one
difference being the plane during which the arm moves.
This time, start with the dumbbells at the entrance of the thighs and look to lift straight arms directly up until approximately aligned with the
shoulders. As the name suggests, this isolation exercise places
probably the most demand on the anterior head of the delt.
Constructing robust arms and shoulders requires the best mixture of
workouts. A good workout should embrace actions that focus on the biceps, triceps, deltoids, and
supporting muscles. Every of these exercises hit some distinctive muscle
fibers within the goal muscle.
However there are some things you are capable of
do to make every exercise more effective. Prepare to maximize
your features with our unique 12-week hypertrophy coaching program.
Choose between a 4 or 5 day training split and acquire 2-12 pounds of muscle over ninety
days… While they share some similarities, there are variations between the
hammer vs. biceps curls. For instance, as
a substitute of utilizing a supinated grip (palms dealing with up), you’ll use a neutral grip.
It’s involved in further features including complicated movements, like lifting your arm
and rotating it when your elbow is at a 90-degree angle.
What’s more, I’m going to deal with essentially the most requested questions associated to deltoids and shoulder workouts.
I’m additionally going to offer you the most effective workouts
and exercise suggestions on your deltoids, whatever the tools
you might have on hand. Whether you’ve a full gym or
just your body weight, I’ve received a deltoid workout for you.
Though the deltoids might not be your prime precedence in phrases of muscle building and strength training, it is
vital that you don’t overlook them.
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