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Showing posts from May, 2022

Marital Rape in India

  Marital Rape in India By Shweta Nair With the crimes against women intensifying day by day, and numerous laws being made to protect women’s rights and to safeguard her dignity. Why are we lacking behind regarding Marital Rape? 

Income tax raid

  The power to conduct a search in tax evaders abode, followed by a subsequent seizure of any illicit money is one of the most important powers of the Income Tax Department. Tax authorities are known to conduct such raids to minimise tax evasion. One of the most important powers that the Income Tax Department possesses is the power of search and seizure. Tax authorities usually exercise their right to conduct raids on individuals or groups who are suspected of evading tax or who are deemed to be in possession of any property or income belonging to another party that has not been disclosed. While this might seem like a drastic step, it is an act that is upheld by the constitution, and is deemed entirely necessary in cases where the Income Tax Department feels extreme action is needed. Objectives of Income Tax Search and Seizure The Income Tax Department exercises its right of search and seizure to achieve the following objectives: To ensure that any threat to social security is dealt wi

Human rights

 HUMAN RIGHTS Almost everyday there are chilling instances of violence, ethnic cleansing, heinous torture, child abuse, man slaughter and several other human rights violations. Despite the adoption of the Universal Declaration Human Rights (1948) and special covenants provided for the rights of children, women and disabled, crimes continue unhindered and unabated. The soul-searching question is... 'Has humanity been relinquished?' In India, various mechanisms such as the National Human Rights Commission, State Human Rights Commissions, and Women's Commissions have been constituted at the Centre and in the states, for upholding human rights causes. Legislative safeguards i.e. The Constitution of India, which is supreme a lex (the law of the land) and multifarious laws such as The Human Rights Act, 1997 are in existence but in vain. Human rights violations are the order of the day and the above 'law- enforcement' arsenals fall short of implementati

Case analysis

  This case analysis attempts to analyse the judgement of the Supreme Court in the historical decision of Maneka Gandhi v Union of India reported in AIR 1978 SC 597 which expanded the scope of Article 21 of the Constitution and changed the face of Indian polity and law. 'Personal Liberty' means freedom from physical restraint and coercion which is not authorised by law. This article is about Maneka Gandhi vs. Union of India[1] , which is famously known as Maneka Gandhi's case or Personal liberty case. This case is not only a landmark case for the interpretation of Article 21 of Constitution of India but it also gave an entirely new point of look to the Chapter III of the Constitution of India. Introduction Prior to this case decision, Article 21 guaranteed the Right to Life and Personal Liberty only against the arbitrary action of the executive and not from the legislative action. This case just turned up pages and extended the protection against legislative actions. This c

RAPE

  The global statistics on sexual assault against women are shocking. At least one in every five women experiences rape or attempted rape during her lifetime.The recently published report from the United Nations Population Fund on the State of the World Population 2000 is the latest of many official reports that have documented the size of the problem. Yet despite clear documentation and the fact that much attention has been paid to the issue of sexual violence against women at international level, the problem is getting worse. The UN report and other data make it clear that the incidence of rape and other forms of sexual violence is increasing worldwide. Yet even official figures underestimate the scale of the problem because the proportion of rapes reported to the authorities varies from 16% in the United States to 3% in South Africa (where even 3% amounted to 49 280 rapes in 19984). The fourth world conference on women in 1995 in Beijing considered violence against women to be one o

Consumer Protection Act, 2019

  CONSUMER PROTECTION ACT, 2019 The ideology of Consumer Protection is present since a very long time. There were many scripts and texts written on consumer protection such as, Manu Smriti is concerned with ethical trade operations, and has established a code of conduct for sellers as well as penalties for those who commit crimes against consumers. The Arthasastra of Kautilya emphasizes the state's role in regulating trade and its responsibility to prevent customer transgressions. Weights were employed to measure commodities during Muslim rule, there was strong market regulation, and fixed costs were in force. The shopkeepers were also punished for not properly weighing the goods. Even though, many a legislations such as Indian Contract Act, The Sale of Goods Act, etc. safeguarded the rights of the consumers, the consumers were forced to file a civil suit which can incur more expenses than the compensation claimed by the consumer. This led to the formation of Consumer Protection Ac

Pre-printed consent form in hospital

  SHORT NOTE ON LEGAL OPINION ON PRINTED CONSENT FORM IN HOSPITALS: The National Commission in Vinod Khanna V. RG Stone Urology & Laparoscopy Hospital pronounced that taking consent through printed consent form by the hospital amounts to unfair trade practice and hospital to discontinue to same forthwith. Commission imposed the cost of Rs 10 lakh on the Hospital for taking consent thorough printed consent form.  No guidelines shall be issued that how can hospital manage to get consent from the patient without using pre-printed consent form. It is not desirable to use manuscript form and explain each & every detail to a patient. The information shall be disclosed to a certain extent keeping in mind the mental and physical condition of the patient. Hospital inform the risk in order to take consent from the patient for the treatment not to scare patient so that he is unable to take decision. The judgement pronounced by the National Commission cause Chaos in Medical fraternity in t

False promise on marriage

                                 SHORT NOTE ON LEGAL OPINION       Topic- Orissa High Court Ruling: sex on false promise of marriage is not rape . Background: Orissa High Court in the case of G. Achyut Kumar V. State of Orissa granted bail as per the grounds and opined that sex on false promise of marriage is not rape.  As per the section 375 of Indian Penal Code (IPC), 1860 defines rape as “sexual intercourse with a women against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she is intoxicated or duped or is of unsound mental health and in any case if she is under 18 years of age”.  As per Orissa High Court “sex on false promise of marriage” is not stated in the section 375 read with section 7 of IPC.  The accused will be charged for the offence of “Fraud” but not for “Rape” relying upon the landmark case of Queen V. Clarence (1888) Legal Issue:  Whether a rape case can be filed against a man for having sex with a women not disclosing his ma

Shaheen Bagh Case

  SHAHEEN BAGH CASE The Shaheen Bagh protest started because of the Citizenship Amendment Act passed by the Parliament on December 12, 2019. This allowed citizenship to all the religious people except Muslims migrated from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014. A Writ Petition was filed by the Indian Union Muslim League under Article 32 challenging the constitutionality of the CAA. Protests against the CAA was started on December 15, 2019 at Shaheen Bagh with a few women and then attracted many people, which eventually led to the blockage of road and became inconvenient for the commuters to move through that place. Due to this blockage, many petitions were filed before the Courts. The SC decided to answer all these petitions through the case of Amit Sahni v . Commissioner of Police & Ors. , which was initially filed in the Delhi High Court. The Delhi High Court left this issue with the Delhi Police. But, the situation did not change and through the Spe

Torts and Essentials of Torts

  Torts And Essentials Of Torts Introduction : The word “Tort” has been derived from the Latin term “tortum” which means “to twist”. Thus, tort means a conduct which is not straight or lawful, but on the other hand twisted, crooked and unlawful. Tort is a French term which is equivalent to the English word “wrong”.  It’s a civil wrong. It’s based upon legal rights and duties, basically an interplay between rights and duties. According to Salmond : Tort is a civil wrong for which the remedy is an action for unliquidated damages, and which is not exclusively a breach of contract or breach of trust. According to Section 2 (m) of Limitation Act : Tort is a civil wrong which is not exclusively a breach of contract or breach of trust. According to Winfield : Tortious liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and it’s breach is redressable by an action for unliquidated damages. According to Fraser :  It’s an infringement of a right i

White Vs John Warrick & Co. LTD

  White v. John Warrick & Co. Ltd By; Robin Pandey                                        February, 16 2022  [This case illustrates the scope of Law of Torts. This case shows that the defendant's liability arises out of a tort and not out of breach of contract and no exemption clause in a contract is capable of exempting a party from tortuous liability.] Facts : The defendant (owners) supplied a tradesman's tricycle on hire to the plaintiff (a news vendor), intending that he and his servants should ride it. The arrangement was embraced in a written contract. The owners agree to maintain the machines in working order and to repair damage. But under one of the clauses the defendants had made it clear that they would not be liable for any accident or injury caused to the plaintiff when riding a machine. The tricycle was defective, and, in consequence of the defect. the plaintiff was thrown off and hospitalised; he suffered injury to his knee. The plaintiff (hirer) brought an a