LEXIS AND COMPANY

    ABSTRACT This paper is an analysis of landmark case of Selvi v. State of Karnataka and deals with important questions pertaining to constitutionality and validity of administration of polygraph tests, brain mapping, and narco-analysis etc.it deals with the reasoning given by the courts for the administration of these tests by the investigating authorities.it also depicts the conflicting position of technology and humanity. The accused are involuntarily administered to these tests which raises lot of question regarding the violation of human rights and fundamental rights. The important legal issues also make a clear stand so as to what all should be done and taken care of while using these techniques. The case gives importance to major legal issues including privacy or personal liberty, self-incrimination and substantive due process and aims to keep the constitutional morality and humanity above all. It also aims to prevent inhuman, degrading and forceful treatment by investigating

  Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force.    Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential element of Battery If there is battery then the essential element is use of force. Even if the force use is very trivial and does not cause any harm, the wrong will be still committed. There is no needing have prove physical hurt and even though there is no physical hurt it would be still counted as the battery.  In Innes v. Wylie case there is a policeman u lawfully prevented the plaintiff from entering the club premises. It was held that the police man was entirely passive like a door or a wall put to prevent from entering the room there was no assault.    And the use of force is should be

  The debate of privacy basically had ignited in the 21st century with the need for data privacy laws and civil rights of privacy of every individual, irrespective of their sexual preference. Privacy is an important facet to life and liberty and an inherent part of the fundamental rights enshrined in the Constitution. It exists equally in all individuals, irrespective of class, strata, gender or orientation. It plays a significant role in the development of one’s personality, integrity, and dignity. However, the fact the privacy is not an absolute right, but an invasion must be based on legality, need and proportionality for safeguarding this cherished right and such an invasion must be justified by law.   1. INTRODUCTION According to Justice Krishna Iyer,“Personal liberty makes for the worth of human person”. Hence, the notion of dignity and liberty are not independent of privacy.  The concept of Privacy is not at all new and it does not need any; it just needs a legal recognition as

  Rape culture is a sociological concept for a setting in which rape is pervasive and normalized due to societal attitudes about gender and sexuality. ... It has been used to  areas where war rape is used as psychological warfare. Now, should we treat women as independent agents, responsible for themselves? Of course. But being responsible has nothing to do with being raped. Women don't get raped because they were drinking or took drugs. Women do not get raped because they weren't careful enough. Women get raped because someone raped them.” With the advent of 21st century where we are considered to be technologically advanced we still witness such brutal and heinous crimes around us. Out of everything RAPE should be the last thing we must be hearing of. It is very sad to see people moving with last minute sympathy than actually trying to change the regressive system which not many are not aware of. Statistics say that India on an average recorded 88 rape cases daily in 2019 .

  INTRODUCTION The word “Alibi” is derived from Latin which means “elsewhere” or “somewhere else”. It is used as a defence by the person who is accused, in criminal proceedings. When the accused makes a plea of alibi, it means that the accused is trying to convey and convince the court that he is at some other place at the time when the crime happened. Generally, a plea of alibi states that the suspect was not there at the crime spot and time of the performance of a crime owing to the excuse that he was at some other place. According to criminal law, the burden of proving that he was absent at the crime spot, lies on the accused. ILLUSTRATION :  On a certain day A got murdered at Vijayawada. B was accused in this case but he is in Vizag when the crime had happened. Now B can make a plea of Alibi in the court. Here B must prove that he/she is in Vizag, at the time the crime was committed.   SECTIONS DEALING WITH PLEA OF ALIBI Section 11 of the Indian Evidence Act “When facts not otherwi

  Elements Of The Law Of Commercial Transactions In the 20th century, domestic as well as  international commerce  experienced an expansion far beyond any earlier dimensions. With the multiplication of commercial transactions, the demand for  legal  certainty increased, especially for transactions across national boundaries. Contractual relations The first response to the multitude of practically identical transactions was the standardization of contracts. Printed standard contracts or forms laid down those provisions that are essential in the eyes of the drafting party. It depended upon the relative economic strength of the other party whether departures from the printed form could be negotiated. Trade associations as well as individual enterprises developed and elaborated forms and standard contracts for their members. The same technique of standardization was adopted for international transactions. The forms and standard contracts of certain well-known trade associations, especially

  There are 3 different types of constitutions, the unitary form, the federal form, and the confederation. The example of a unitary form of constitution is U.K.. There is a single government and the states are not vested with powers . This is a centralized form of constitution and talks about concentration of powers at the higher level In a federal form, the powers are divided btw the Centre and the state and they work complementary to each other. This form works on the principle of decentralization and there are usually 2 or more levels of government. Example the USA. Confederation is an alliance or a group formed for some common place successful for some period of time but sometimes they work against the charter ex, European union. Features of a federal constitution: Two levels of government-  there should be 2 levels of govt i.e., govt for whole nation and the regional level. In India we have 2 levels of the government . In India the state government cannot be done away with except