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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

Child Marriage in India: Void or Voidable

CHILD MARRIAGE IN INDIA: VOID OR VOIDABLE BY: ROBIN PANDEY                                    February 16 th , 2022 Child marriage in India is Cognizable offence under Section 10 of Prohibition of Child Marriage Act 2006, with rigorous jail term of 2 years and a hefty fine of upto 1 lakh rupees , but at the same time the marriage at the same time is not void or invalid. Section 2(b) of the Prohibitions of Child Marriage act, 2006 defines child marriage as, “ a marriage to which either of the contracting parties are a child , and where according to the section 2(a) of the same act, a child is, a male has not completed 21 years of age, and a female, who has not completed 18 years of age. Ironically a 18 year old boy is considered smart enough to cast his vote for election of Prime Minister, but is not smart enough to choose his partner to marriage. Decoding the Child Marriage from The Hindu Marriage Act, 1955 (A) Is Child Marriage Void according to Hindu Marriage Act   Under  Hindu ma

IMPOSSIBILITY OF PERFORMANCE UNDER INDIAN CONTRACT ACT , 1872

 IMPOSSIBILITY OF THE PERFORMANCE Most Americans value their power to contract and the accompanying ability to either enjoy the advantages of the contract or incur the cost of violating it. The freedom to choose what duties to take on in order to govern one's own personal and professional destiny is critical to our economic and personal well-being. The freedom to contract, as one expert put it, is analogous to the right to engage in business as a seller or a customer. Every week, we all engage into dozens of contracts. When you purchase a goods using an online account or a credit card, you are agreeing to pay the credit card company for the thing you get. You are agreeing to pay money for access to space every time you buy a ticket to an event or pay a parking garage. The list goes on and on. Our lives are always surrounded by contractual responsibilities that we must fulfil. The most common legal action is a claim to impose responsibility for carelessly causing another&#39

Social Media Laws and It's Implications

  Social Media Laws and It’s Implications  Introduction : Social Media Social media is basically websites and applications that enable users to create content or to participate in social networking. It’s a platform that allows users to have conversations, share information and create web content. Some popular examples of general social media platforms include Instagram, YouTube, Facebook, Twitter, Pinterest, Snapchat and many more. There are many positive aspects of social media like exposure to global networking but there is also a darker side to it like social media may cause depression, anxiety and can lower self-esteem of individuals and it also loots the greatest treasure known as time. Social Media Laws :  Social media laws constitutes both civil and criminal aspects. These laws covers legal issues related to user generated content and the online sites that transfers and spreads that content. Legal concerns raised by social media platforms includes privacy, for example when data’