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Showing posts from August, 2020

DONOGHUE V. STEVENSON, (1932) AC 562- (Case Commentary)

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Introduction In English Law this is a famous case of Scottish dispute which shaped the doctrine of negligence. Facts On 26 August 1928, May Donoghue and one of her friend were sitting in a café in Scotland’s Glasgow. Donoghue’s friend ordered a drink for her. She purchased a bottle of ginger beer which was in a dark opaque glass bottle and later discovered that the bottle contained a decomposing snail. This snail couldn’t be detected until she consumed a greater part of contents of the bottle. She fell ill and was diagnosed with gastroenteritis by a physician. The foundation of her case is that the defendant manufactured ginger beer with an intention for consumption. It was the duty of the respondent to take care that there was no noxious element in the goods and to provide a system of inspection of the bottles before the ginger beer was filled into them but they neglected such duties and are consequently liable for any damage caused by such neglect. Donoghue took a legal act...

SEXUAL HARASSMENT - (Article)

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      “ You can tell all the condition of a nation by looking at the status of its women”                                                                                                                    -Pandit Jawaharlal Nehru Introduction Sexual harassment is the type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome or inappropriate promise of rewards in ...

SEDITION LAW: A TOOL TO STIFLE THE VOICES- (Article)

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  Sedition : Whoever, by words, either spoken or composed, or by signs, or by obvious portrayal, or something else, brings or endeavours to bring into scorn or hatred, or energizes or endeavours to bring about disappointment towards, the Government set up by law in India, will be punished. The Pro's and Con's: The sedition law which is being a continuous discussion, there are a wide range of perspectives. Though every aspect has different sides and it is imperative to investigate both the sides, so as to get a better comprehension: Ø   Combating Maoist, Terrorist, Insurgency and Rebel gatherings: The Maoist gatherings run an equal organization and they attempt to topple the Government by insurgency. In this way, it is more hard to abrogate them. Also, Section 124 of Indian Penal Code has its utility in battling and controlling these gatherings. Ø   Protection of National security and open request: So as to ensure the Interest of the general population, to keep ...

Domestic Violence against men: The Legal Prospect- (Article)

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Domestic violence or commonly referred to as also known as intimate partner violence happens between people who are or have been in a close connection. It can take many outlines, including sexual, emotional, and physical exploitation, annoyance, and terrorizations of abuse. It can take place in heterosexual or same-sex relations. [1] In India, domestic violence is always assumed to be imposed on women. It is always deliberated concerning women. Man is always reflected as the culprit. However, because of the socioeconomic variations modifying the family structure in recent times, domestic violence is not restricted to women only. Men are also ill-treated verbally, physically, emotionally, spiritually, and physically. Men do not complain about these offensive behaviours and are silent sufferers of the penalties. As the laws in our society favours women as victims of violence, these unfortunate men do not get justice for their wretched condition personally and in the society. [2] ...

LEGAL SAFEGUARDS FOR WORKING WOMEN AND CHILDREN- (Article)

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  INTRODUCTION Role of women is substantially changed as compared to the primitive times where women were supposed to serve their family and indulge primarily in domestic tasks, presently according to the statistics around 150 million population of women is employed in organised as well as unorganised sector. The numbers are continuously multiplying by every passing day but the factor of concern is women are easily prone to exploitation with respect to their rights of employment for ex. Right of get paid, right against harassment, maternity rights, right against excessive workload etc. The reasons are quite a few such as lack of awareness, dominant position of master/employer, lack of support and recognition by the family and other people but major reasons are lack of adjudicating body to the reach of everyone and stringent check mechanism which levy substantial penalties and punishments in case of any violation and misuse of position. Lately for a long period time we are wit...

CYBER CRIME : A NEW BREED OF CRIMINAL- (Article)

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  ABSTRACT Cybercrimes are a new class of crimes to India speedily expanding due to wide use of Internet. Dishonest and greedy people take gain of easy and free access to Internet and perform any acts to please their needs. The requirement could be physiological or psychological in nature. Online shopping and extensive use of “social media” are root cause of cybercrimes. Much cognizance created for cybercrimes and users were educated. But still individuals do not complain it to authorities. Even somebody do it then also police or crime branch incapable to clear such complains in practical time period. Postponement in justice will lead to NO registration of complain. This is not healthy condition in free democratic INDIA. The law IT (Information Technology) Act 2000 and numerous sections of the IPC are in place but in large population country like India and China, it is very difficult to regulate crime caused by cyber world. We need to have self-discipline for better society. We...