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Showing posts from January, 2022

Recognition of State by Rejina Begam

  Recognition of State is an important factor in a sovereign nation. A state gets its legal rights, obligations and duties through recognition. When a new state comes, or an old state disappears and comes with a new name or one state splits  into  two, the other existing state gives recognition to that state. Political thinking plays an important role in this matter.  Under International Law,   recognition of state, can be defined as “A State acknowledgement or acceptance as an international personality by the existing international community.” Essentials of Recognition of State   The Montevideo Conference, 1933 gives the following essential – Population :  There should be a permanent population in a state. State is made of human beings so without population, is is not possible to establish a state.  Territory :  There must be a definite territory of state. The territory includes land, airspace, mines, sea etc.  Government :  Government is the third essential element of state. A state

section 258 of IPC

  Name: Neha Semester: II PRN: 20010224113 BATCH: 2020-2025 SECTION 258 OF IPC INTRODUCION  Indian penal code is the official criminal code of India. It came into force in 1860. It was enacted by the Imperial legislative council. It is a broad code studied to cover all considerable aspects of criminal law.  Section 258 of IPC says about the sale of counterfeit government stamps, it means fraudulent imitation of government stamps.  EXPLANATION OF SECTION Section 258 is related to the sale of counterfeit government stamps, it says that any person who sells or offer to sell any stamp issued by government of India for the purpose of earning revenue shall be punishable for imprisonment of seven years or more and will also be liable for some amount of fine. The seller of counterfeit government stamps is exactly comparable to the dealer of counterfeit coins which is punishable under sec. 239 of the code. In this person is punished with imprisonment of either description of the term which can

Sexual harassment on male victims

  Sexual harassment on male victims Introduction – The emphasis of sexual harassment research on men harassing women has recently been questioned. Men's sexual assault cases, on the other hand, have largely been dismissed because of power imbalances between the sexes. Our findings suggest that behaviours perceived as harassing by men derive from organizational gender negotiations that challenge male dominance, while behaviours perceived as sexually harassing by women perpetuate female subordination. The following were the results, which were consistent with our predictions: Men are far less threatened than women by actions that women find harassing; men consider sexual coercion to be the most threatening type of harassment; men, too, find sexual coercion to be the most threatening form of harassment; men, too, find sexual coercion to be the most threatening form of harassment. Men classify behaviours that women have not identified as harassing, and women identify behaviours that me

case analysis of rattan singh vs. state of punjab

  Rattan Singh vs. State of Punjab (1979) SCC (4) 713 INTRODUCTION: Petitioner: Rattan Singh Respondent: State of Punjab  Bench: Krishna Iyer, V.R.               Shingal, P.N.  Citation: 1. 1980 AIR 84                 2. 1980 SCR (1) 846                 3. 1979 SCC (4) 719 In this case Mr. Rattan Singh, a driver, of heavy automobiles was sentenced to two years of imprisonment under section 304A of IPC for Rash and Negligent Driving for killing a scooterist by his rash and negligent driving.  Facts of the case: The law under section 304A and under the rubric of negligence must have regard to the fatal frequency of rash driving of heavy duty vehicles and of speeding menace. Whether the sentence was excessive.  The petitioner appealed that someone else was responsible for the accident, but the request was rejected and is proven guilty.  Rashness and negligence are relative concepts, not absolute abstractions.  Here, role of  “res ispa loquitor” with care applies, it means that “the th

case analysis

  Keraleeya Samajam & Anr. Versus Pratibha Dattatray Kulkarni (Dead) through LRs & Ors.  COURT NAME: The Supreme court of India.   JUDGEMENT NAME: Keraleeya Samajam & Anr. Versus Pratibha Dattatray Kulkarni (Dead) through LRs & Ors.   JUDGEMENT DATE:  October 1, 2021  JUDGE/ BENCH: M.R. Shah, J.   INTRODUCTION The conditions of service and the pay scales applicable to the preceptors of private seminaries are specified by schedule-c of the rules of 1981. The state of Maharashtra by allocation of RTGS directed that our seminaries should apply the 6th Pay commission report and pay payment to the staff consequently. The payment of payment and the arrears in agreement with the recommendation of fifth and sixth Pay commission report are made applicable to the workers of the private academy in respect of whether they're entering entitlement-in- aid or not.   FACTS OF THE CASE    By this Solicitation filed under article 226 of the Constitution of India, The Division Bench h

Theories of punishments

  Punishments are been given for preventing from wrong doers from not committing the crime again . There now different types of the punishments that are given depending on type offences. Before going to the theory of punishments there are approaches which we should know they are : Punitive approach Preventive approach There four type of the theories of punishments that will be explained below : Deterrent theory It is one of the theory of punishments. In this  aim of the  punishments is that to prevent wrong doers from doing crime . This considered for me as one of simplest punishments The other main importance’s of this theory is to make evil doer as an example but to give warnings to like minded person . In the ancient time where in England for minor cases like stealing etc. was applied by this theory for the punishments. Reformative theory It is one of the theory were they are reforming the people from bad to good . From the word we can understand what does it mean . In this theory t

CIVIL NUCLEAR LIABILITY -OISINI PODDAR AT LEXCLIQ

  CIVIL NUCLEAR LIABILITY- OISINI PODDAR AT LEXCLIQ India's Civil Liability Act for Nuclear Damage (“Law”) in 2010 basically introduced a compensation mechanism, liability attribution, and compensation procedure decisions for victims of a nuclear accident. This was the last piece of the puzzle to run IndoUS Civilian Nuclear in 2008. The law underscores the attribution of liability for damages caused by nuclear energy. The operator is responsible regardless of negligence (this corresponds to international general principles). In this case, the central government bears the risk, except in the case of unavoidable nuclear damage caused by the nuclear accident. Operator responsibilities are basically limited to rupees. The 15 billion ($ 238 million) limits the overall liability of the central for a specific nuclear accident , which is equivalent to 300 million special drawing rights (IMF currency basket). Worth about $ 415 million (as of April 2015). The purpose of the 1997 Nuclear Dama