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THE LITIGATORS

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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 and if such act is committed then what will be the procedure of the redressal. False and Malicious Complaint It gives the liberty to the women...

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ACID ATTACK : THE HEARTLESS CRIME

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 taking increasing its pace in different parts of the country. The effects of the acid attack need not be pointed out. Since the attack is mostly been done on 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...

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LAW AS AN INSTRUMENT OF SOCIAL CHANGE

The society comprises of 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 do 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...

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GENERAL EXCEPTIONS UNDER INDIAN PENAL CODE, 1860

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 Defence. 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. Though the roles and responsibilities of the three organs are different yet they are closely connected to each other. 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 undertrial prisoners who are waiting in the prisons for their dates to arrive so that the process of their legal action can be started. The...

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OVERVIEW ON CERTIFICATE OF INSURANCE

Introduction A certificate of insurance is a document used to provide information on specific insurance coverage. The certificate provides verification of the insurance and usually contains information on types and limits of coverage, the insurance company, policy number, named insured, and the policies' effective periods. Certificate of Insurance is a certificate issued by an authorized insurer in pursuance of sub-sec. 4 of S. 95; and includes a cover note complying with such requirements as may be prescribed and where more than one certificate has been issued, in connection with a policy, or where a copy of a certificate has been issued; all those certificates or that: copy, as the case may...

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TORT AND ITS PRINCIPLES

The word tort is derived from the Latin medieval word “tortum” which means to “to twist”. It is a civil wrong which 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: The first and the 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...

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JUDICIAL ACTIVISM

Judicial Activism, the opposite of judicial restraint, refers to the decisions being given by the judges on the basis of their political or personal views rather than according to the traditional precedents and also the existing laws. It is a dynamic process of the outlook of judicial proceedings. This is basically because of the changing social scenarios. In other words, judicial activism means to elucidate the existing laws so that the current requirement of exercising the powers of executive and legislative. They should not be over exercising or under exercising their powers and should be in control. According to the Justice...

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EUTHANASIA

Fundamental Rights are necessary for leading a dignified and fulfilling life. Probably the most important Fundamental Right in the Indian Constitution is the Right to Life under Article 21. It provides for the protection of life and personal liberty. It states that no person shall be deprived of his life and personal liberty except according to the procedure established by law. However, the question to end one’s life needs to be answered. Under Article 21 many rights are covered such as the right to legal aid, right to clean environment etc.  An important question raised in many cases is whether...

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Efficiency and Cost vs. Procedural Fairness and Substantive Quality in International Commercial Arbitration

Arbitration is the method of concluding the dispute between parties that is decided by the third neutral party. That neutral party is known as an arbitrator or panel of arbitrators. A matter of arbitration is decided keeping in mind the principles of natural justice and the laws related to arbitration. It is one of the most successful ways of resolving the dispute between parties. The International Commercial Arbitration (ICA) is one of the ways of the arbitration in which the parties from two different countries are involved. The arbitration proceedings can be conducted at a common institution (institutional arbitration) or...

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