LEXIS AND COMPANY

                              STRICT LIABILTY AND ABSOLUTE LIABILITY : A COMPARATIVE STUDY                                                    ABSTRACT Certain operations are simply too dangerous to handle, but the law permits them to continue due to their contribution to economic development and societal utility. Such actions frequently lead to a major collisions, resulting in multiple fatalities and environmental damage. The law has established two liability rules to encourage companies or individuals conducting such dangerous operations to exercise appropriate caution and to provide justice to those wh...

  Legality of martial rape There are around 231 countries that have recognised marital rape as a crime, with only 36 countries failing to do so. Some of these countries include India, China, Afghanistan, Malaysia, Nigeria, Egypt, Tajikistan, Myanmar, Yemen, Kuwait, Oman, and other countries in the Middle East. It is unlawful to rape someone during a marriage, which is a violation of Article 21- Right to Life and Dignity, which stipulates that no person shall be deprived of his or her life or personal liberty except in accordance with the procedures provided by law. In this case, the right of the wife to decline sexual intercourse with her husband should be balanced against the desire, power, and lust of her husband to engage in sexual relations with her. According to Section 375 of the Indian Penal Code, a man is considered to have committed rape when he has sexual relations with a woman without her agreement, under duress, compulsion, or blackmail, or by drugging her, i.e., intoxi...

  RIGHT TO SPEEDY TRIAL  BY NUPUR GARG  INTRODUCTION The constitutional guarantee of speedy trial is an important safeguard to prevent undue and oppressive incarceration prior to trial; to minimize concern accompanying public accusation and to limit the possibilities that long delays will impair the ability of an accused to defend himself. The right to a speedy trial is first mentioned in that landmark document of English law, the Magna Carta. The constitutional philosophy propounded as right to speedy trial has though grown in age by almost two and a half decades, the goal sought to be achieved is yet a far-off peak. It a concept which deals with speedy disposal of cases to make the judiciary more effective and to impart justice as fast as possible. Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure laid by law.  Justice Bhagwati in the Maneka Gandhi Case observed that: “The expression ‘personal lib...

  Martial rape Marital rape is defined as follows: When a husband manipulates his wife into consenting to sex and, upon her resistance, denial, or refusal to assent, forces him over her consent and commits the act, this is referred to as Marital Rape. However, in today's society, husbands choose to torture their wives mentally, emotionally, and physically to the greatest extent possible in order to obtain what they want. No matter how long they have been married to each other, if a wife hasn't consented or wishes to have sexual relations with her partner, her wish must be accommodated. Marital rape is not a new phenomenon in our culture; every wife has either been a victim of or fallen prey to it at some point in her life. A marriage is built on trust, and when a husband's carnal desires overshadow his wife's permission, dignity, and faith in him that he would never do anything wrong to her, damage or harm her in any way, that trust is lost. The practise of marital rape...

  Compoundable and non – compoundable offences Nature of crime is the first point we need to consider while categorising if an offence is compoundable or non-compoundable. Offences is an act of person that basically hurts , disturbs or creates a chaos or havoc in the society , shaken up the tranquility of the place ,person , state etc. So, an offence can be highly disastrous in nature or can have low impact as well. So , offences that are not grave and serious are compoundable offences On the contrary , offences that are serious with her disaster frequency. Withdrawal of the charges: In a crime , mostly there’s a victim and there’s an accused person who has committed the crime or has done wrong with the victim , so, the victim has complaint and certain charges against the respondent . A victim is given a chance to withdraw its charges against the respondent in case of compoundable offences only . It’s a total voluntary step decided by the victim , if he/she wants to compromise , th...

  PEER PRESSURE AND IT’S IMPACT INTRODUCTION Peer pressure: “a belief that in order to be liked or regarded by others of one's age and social group, one must do the same things they do”. Peers are persons with whom you socialise or who are similar to you in age, hobbies, or other ways. Peers might be individuals you know, people you go to school with, people you work with, or people you meet at an event. The "Theory of Social learning" in psychology proposes that the learning process, as well as new behaviours, are learned through seeing and copying others. Just said, we learn from individuals in our immediate circle simply by engaging with them, whether they be parents, teachers, friends, classmates, co-workers, influencers, or celebrities. Peer pressure arises when you are influenced to act in a specific manner by other people (your peersPeer pressure happens while you're in the presence of peers who do something you just wouldn't ordinarily do, and they urge yo...

  Shankari Prasad v/s Union of India The Basic Structure Doctrine arose in India as a result of a series of court decisions, one of which was Shankari Prasad vs. Union of India. This case arose from the continuous struggle for sovereignty in independent India between the judiciary and the executive. In this case, the topic of whether basic rights can be changed by parliament under Article 368 was raised. The legitimacy of the First Amendment to the Constitution of 1951, which limited the Fundamental Right to Property under Article 31, was also questioned in this case. The main point raised was that Article 13 bans the introduction of legislation that restricts fundamental rights. Points to be noted: 1) In this case, the Supreme Court gave Parliament complete power to modify the Constitution. 2) The court ruled that the phrase "law" in Article 13 refers to rules or regulations enacted under regular legislative authority, not amendments to the Constitution enacted under Article...

  Cruelty as Ground for Divorce If we look at the history of the Hindu Marriage Act of 1955, we can see that cruelty was never considered as a reason for divorce, but only in circumstances of judicial separation. The petitioner or aggrieved party must show that the cruelty is so severe or unbearable that it is becoming difficult to continue with his or her spouse (the defender). However, in the landmark case of Narayan Ganesh Dastane vs. Sucheta Narayan Dastane in 1975, the Supreme Court upheld this. This resulted in a modification to the Act in 1976, which included the addition of cruelty as a cause for divorce, as well as a legal definition of the term cruelty. However, the Court also stated that the courts should decide the case on the basis of cruelty only on the basis of the case's subject matter. Except for two phrases added, “persistently or repeatedly,” there was no difference between reasons of cruelty resulting in judicial separation and grounds of cruelty resulting in di...