LEXIS AND COMPANY

  Historical Development of Legal English By: Anjali Tiwari Legal English is the language which is used by the lawyers, attorneys, judges, and solicitors etc who are connected with the legal background. We are also aware of the fact that Legal English is an important part of our profession (Lawyer) and also very different from the general English which we speak. We are going to be future lawyers, so it is very important for us to know the words which are used in the courts, to do drafting, to assist clients, to plead, litigate, to fight the case in the court, to interact with the judges, because Legal English is used here. It is a form of English which has been used in our profession ‘Law’. Legal English is different from the English which we used to speak in our daily lives; it can’t be understood by the layman. We need to learn this language in order to perform well in the field of law. If we know the legal terms then it will also help us to interact more professionally with others.

  Prostitution is Legal? Prostitution is the practice of engaging in sexual activity for money but not with a spouse or a friend.  Prostitution is illegal in many countries, it is considered against humanity. Such a career is considered vulgar and is shamed upon.   India from its ancient times is considered to be religious and of a traditional mindset. India respects its morals and values, it is also very strict with it but it is shocking to state that prostitution is considered legal. In 1950, the government of India ratified the International Convention for Suppression of Immoral Traffic in Persons and Exploitation of the Prostitution of others.  After 6 years the country passed the Suppression of Immoral Traffic in Women and Girls act. In 1986, the act was amended which resulted in an Immoral Traffic Prevention act known as PITA.  Before explaining the sections it is equally important to understand the difference between trafficking and prostitution. Trafficking is considered a proc

  What Should Be Considered Sedition In Law? Sedition has been in news for a very long time. Sedition is considered a crime against the state, this is a crime where the person uses his words to instigate the public against the state. This offense is viewed against public peace.  Sedition has a long history in India, it was also followed in the British raj. Before independence, the British were paranoid of any freedom struggle and tried every bit to stop such a movement.  Indian heroes were also accused of sedition, such as Bal Gangadhar Tilak, Mahatma Gandhi, Bhagat Singh, and Jawaharlal Nehru. There was a famous case in the 19 th century, Niharendra Dutt Majumdar v. King-Emperor, in this case, the court held that public disorder or the reasonable anticipation or likelihood of public disorder is the gist of the offense. This judgment was overruled by yet another case, King-Emperor v. Sadashiv Narayan Bhalerao.  After  Independence laws related to sedition were dropped but in 1949, thi

                               Rape in Prison Prison is an institution in the society which is made for the people who did not abide by the laws of the society and caused disruption and distraction in that. It also acts as a reformative institution which helps the people to change themselves whereby they can be accepted among the people of the society. And since it is the part of the society, crime exists here also. To be more precise, the culture of rape or sexual harassment or sexual violence does exist in this reformative institution called prison also. But as widely accepted and stated under the Section 375 of Indian Penal Code, 1860, Rape is defined as the ‘Sexual intercourse with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been intoxicated or duped, or is of unsound mental health and in any case she is less than 18 years of age’. In this regard, it is important to note that in the definition of rape under law, t

  Solitary confinement Confinement means restricting a person to move freely and storing them in a small-scale place within the walls. Solitary means single or say existing alone. The origin of solitary confinement dates back to 1800s in United States it all started as an experiment backed with positive impact mindset. ORIGIN In order to experiment this particular punishment prisoners were sent in prison in different cells with a holy bible with a hope or result that the prisoners would change positively and their criminal behaviour would no longer exist they would be a better character themselves but it was an utter failure as considerable number of prisoners fell into semi fatuous conditions many prisoners were in depression , anxiety , stress experiencing a panic attack  ,hallucinations , paranomia and  violent actions also suicidal tendencies They suffered a lot of mental problems. So ,basically it turned out to be the opposite of what was expected out of this experiment it became

  JUDICIAL REVIEW IN INDIA  BY NUPUR GARG  INTRODUCTION  judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void. The institution of judicial review in this sense depends upon the existence of a written constitution. Under Article 13 of the Indian Constitution, the compulsion of judicial review was described in fundamental rights in Part III. It is stated that the State or the Union shall not make such rules that takes away or abridges the essential rights of the people. If any law made by the Parliament or the State Legislature contravenes the provisions of this Article, shall be void. In India, three aspects are covered by judicial review that are as follows: Judicial review of legislative action Judicial review for judicial decision

  Concept of Separate Property under Hindu Law By Shweta Nair Separate property is that property which isn’t joint property. The term ‘Separate Property’ implies that property which was formally joint and now has become separate. For example, if a coparcenary involves 3 brothers A, B, and C and A becomes detached from his brothers, the share of the coparcenary property allotted to him will be his separate property as far as B and C are concerned. As regard A’s sons, the property will be joint. The term self-acquired infers that the property has been attained by a coparcener in his own capacity by his own efforts and without the help of family funds and that no other coparceners not even his own children have any interest in such property. It is to be noted that a Hindu may own separate or self-acquired property even while he continues to be a joint family member.  Property acquired by a Hindu in any of the following ways is considered to be his separate or self-acquired property:  Prop

  Doctrine of Basic Structure By: Anjali Tiwari The Indian Constitution grants the Parliament and State Legislatures the power to enact legislation within their respective domains. Only Parliament, not state legislative assemblies, has the right to modify the Constitution. The Parliament's power, however, is not absolute. The Supreme Court has the authority to declare any statute unconstitutional and null and void. Any amendment that aims to affect the constitution's core structure is invalid, according to the Basic Structure Doctrine. The goal is to defend people's rights and liberties while preserving the nature of Indian democracy. This idea aids in the protection and preservation of the constitution's spirit. Case law regarding Doctrine of Basic Structure: Case of Shankari Prasad (1951) In this decision, the Supreme Court argued that Article 368 of the Constitution gave Parliament the ability to change the Fundamental Rights granted in Part III as well. The case of

  Strict Liability: Concept, Essentials & Exception Introduction: The Strict Liability principle is an extremely important concept under law of torts. Under the strict liability rule, the law makes people pay compensation for damage even if they are not at fault. In other words, people have to pay compensation to victims even if they took all the necessary precautions. The rule of strict liability originates from the famous English case of Rylands V. Fletcher. In the case of Rylands V. Fletcher (1868) Facts of the case: Rylands had mines and Fletcher had mills. Fletcher had appointed independent contractor for building the reservoir, while making the reservoir they saw that there are many mine shafts, they did not covered nor paid attention. Because of this water flowed down to Rylands mine and he faced heavy loss. Rylands sued Fletcher. Fletcher gave the defence that whatever the mistake was, that was done by independent contractor and engineers, it was not his fault. Held: House

   Socio-economic Impact of Dowry System Dowry is an issue that modern Indian society is still struggling with. There are several theories regarding the origin of the dowry system in India, some believe that it started as a practice of parents giving nominal gifts to their daughters on the occasion of her wedding which later unfolded in a way that it became a tool to satisfy the greed of the groom’s family. While others hold the view, that dowry given to the groom was somewhat of a ‘bribe’ to ensure that the bride was not subjected to any ill-treatment in her in-laws’ house and if anything happened to the earning member of the family, this wealth could act as a safeguard. However, in the 21st century, it has become a symbol of status. The education, financial and social status of the groom plays a role in determining the amount of dowry to be given. If a woman is deemed to be undesirable because of her physical attributes or her lack of education or financial situation, it is compensat