May 2019

The Birthright & Citizenship: Hindutva-Pakistan

Introduction This is what our country is all about; people are proud to hold Indian citizenship and will do its best to represent it. The context of the people saying “I AM PROUD TO BE AN INDIAN can witness this”. The law recognizes the citizenship of a person under the Citizenship Act, 1955 and its amendment deals with acquisition and termination of citizenship. Constitution provides with the Citizenship rights for an overseas citizen of India, Non-Resident Indian, and persons of Indian Origin. Citizenship is where a person holding it enjoys the full membership of any community or state with civil and political...

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Ceiling of wages

INTRODUCTION Employers can explain workers in developing countries like India with a high rate of employment because of their existing low bargaining power. In such a circumstance, the worker may receive wages that are much below the expected level and can result in the inability of the workers to meet his daily needs. The legislature stepped into to control the excesses of the employers by enacting laws that will prohibit the payment of wages below the employee’s subsistence level. The minimum wages 1948 Act provides the employer with the conditions for the payment of wages to the worker. An employee from the employer must receive...

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Some provisions of the Sexual Harassment at Workplace Act, 2013

 Introduction A workplace is a place in which a person spends more than half of his/her entire day. If a woman does not feel safe at her workplace, then it becomes the responsibility of the employer to make sure that the female employees should feel safe. Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides the various provisions so that the act of sexual harassment can be prevented and prohibited in the workplaces. False and Malicious Complaint It gives the liberty to the women to file the complaint in the Internal Complaint Committee or Local Complaint Committee if she...

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ACID ATTACK : THE HEARTLESS CRIME

Introduction There was a time when people use acid for household purposes. But, now hydrochloric acid and sulfuric acid is used to make the life miserable of the people especially girls. The acid attack is the most vicious form of the crime of the society which is increasing its pace. We need not point the effects of the acid attack out. Since the attacker mostly attacks the face and the layer of the fat underneath the skin of the face is the thinnest, therefore the long term consequences of the acid attack may include blindness, damaged skin tissues and sometimes dissolving the bones....

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LAW AS AN INSTRUMENT OF SOCIAL CHANGE

Introduction The society comprises people; the people make the laws, so indirectly we can say that the people make the laws for themselves. The law and society are interconnected in a way that the laws are made by the people and for the people. There are different customs which are prevailing in different countries which hamper the growth of that nation. Customs are to be followed in a way in which they do not restrict or burden the freedom of any person. Various customs and practices prevailing in the society look upon the law as an instrument of social change. There...

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GENERAL EXCEPTIONS UNDER INDIAN PENAL CODE, 1860

INTRODUCTION The Indian Penal Code, 1860 defines the various crimes for which the person could be prosecuted.  These are known as General Exceptions which are mentioned in Part IV of the Act from section 76 to 106. Section 96 to 106 deals with the concept of Private Defense. The person will not be liable for the acts done in private defence. The code also prescribes some exceptions for which a person cannot be punished and prosecuted. If an act falls within these exceptions then the person will be acquitted and will not be charged. The objective of this part of the...

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JUSTICE DELAYED IS JUSTICE DENIED

The Judiciary which is the third organ of the government plays an important role in the administration of justice. Although, there is an interconnection between the three organs, their roles and responsibilities are different. The judiciary does not only solve the disputes but also protects the rights and liberties of individuals. The heart and soul of the Indian Constitution i.e. Article 21 include the right to a speedy trial. There are many under-trial prisoners, waiting for their dates to arrive so that their legal action can be started. The justice delayed is the same as that of justice denied. Serving Justice late or...

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TORT AND ITS PRINCIPLES

The word tort is derived from the Latin medieval word “tortum” which means to “to twist”. Tort is a civil wrong. It is effectuated from the breach of duty. As per section 2(m) of the Limitation Act, 1963, tort as being a civil wrong which is not just exclusively a breach of contract or a breach of trust. The essential ingredients of tort are: Wrongful act or omission Firstly, the most essential element of the tort is there should be a wrongful act or omission. Moreover, the active commission or the silent omission has resulted in a breach of duty which was...

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