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Law Firm in Gurgaon, Delhi/NCR > Blogs (Page 15)

PRIVATE DEFENCE

Introduction It is the primary duty of the man to prevent him from danger. It is the duty of the state to provide their citizens with the right of self-defense. If anyone commits a criminal or illegal act against him, then he can take private defense. One cannot treat an act done in private defense as a criminal offense under the Indian Penal Code, 1860. Section 96 states that nothing is an offense which is done in exercise of the private defense. Moreover, one can exercise the right of private defense not only against human beings but also against the property. Acts in...

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A BRIEF OVERVIEW ON WTO AND ENVIRONMENTAL PROTECTION

 Introduction In the present world scenario, both the International market and International trade have a great influence over human civilization because it makes human beings, both economically and socially, interdependent. An Italian automobile company like Ferrari is using the technology provided by International software giant of Indian origin like Tata Consultancy Services (TCS) and the robotic machines which do the actual work may be Japanese technology made in China. This has lead to tremendous growth in International trading. This system of trading also brought with it a lot of environmental problems. The realization of these problems has called the world countries for a...

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Maternity Benefit

Introduction The maternity period is the most important period of any girl’s life. Extra care is supposed to be taken while the woman is in the maternity period. Therefore, every woman who is working needs extra time for herself and her baby in the maternity period. Maternity Benefit Act, 1961 came with the objective to regulate the employment of women for certain periods before and after child-birth. It also regulates to provide for maternity benefit and certain other benefits. Application of the Act Section 2 of the Act tells us that in what institutions this Act will apply. The establishments include: A...

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Why Lower Courts are bound by the decision of Higher Courts?

Introduction The Supreme Court is the highest authority in deciding any case.  Article 141 of the Indian Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The legal terminology terms this principle as “stare decisis”. It comes from a Latin phrase i.e. “stare decisis et non quieta movere”. This basically means to stand by the decided matters. In India, we call it 'precedent.' When a case is decided on the basis of the earlier given judgment then that is known as precedent. It is not necessary that all judgments should be taken...

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LAWS RELATED TO CORPORAL PUNISHMENT IN INDIA

CORPORAL PUNISHMENT

Introduction School is the first institution after home where a child sent away from the closed ones. Parents think that after home, the safest place for their child is the school. The situation becomes worse when a person beats the child in the school or in any childcare institution. CORPORAL PUNISHMENT is an act of causing physical pain. It is an act of punishing the person with canning. The society regards punishing children as normal and acceptable in all circumstances–whether in the family or in institutions. It is often considered necessary in order that children grow up to be competent and...

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National Biodiversity Authority under Biodiversirty Act, 2002

The objective of Biodiversity Act

The objective of Biodiversity Act, 2002: - India as being the part of the Convention on BioDiversity, 1992 enacted the BioDiversity Act, 2002. The objective behind enacting the Biodiversity act, 2002, is to provide the conservation of Biological Diversity to:- 1.  Firstly, Provide for conservation of biological diversity, 2.  Secondly, Sustainable use of Biological Diversity’s components 3.   Moreover,  Fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto Biodiversity Convention: - The convention on Biodiversity, 1992 was held in Rio de Janeiro in the year 1992 What is biodiversity: - "Biological diversity" means the...

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Whistleblower

Whistleblower

Whistleblowers protection is a policy that all government leaders support in public but few in power tolerate in private” – Thomas M. Devine Further, A whistleblower is effectively an individual who has witnessed or been part of an unethical or illegal process, often against their will as a condition of employment, and decides to submit the incriminating evidence to the proper authorities. Moreover, Whistleblowers begin the indictment process in cases that are criminal. However,Oxford dictionary defines a whistleblower as a person who informs about a person or organization engaged in an illicit activity. The Whistleblower Protection Act, 2011 It establishes a mechanism to receive...

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Surrogacy

What is surrogacy? Surrogacy is an agreement whereby a woman (called surrogate) agrees to carry a pregnancy for another person or persons (called intended parents), who will be the child's parents after birth. It is an arrangement or agreement whereby a woman agrees to carry a pregnancy for another person or persons, who will become the newborn child's parent(s) after birth. Surrogacy is the well-known method of reproduction where one woman becomes pregnant and gives birth to a child for other women. The word “Surrogate’’ derives from the Latin word “Subrogate’’ means “Appointed to act in the place of ‘’. The intended...

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Section 89 of the Code of Civil Procedure, 1908

Background: Section 89 of CPC was inserted by Amending Bill of 1997 and came into effect on 1, August 2002, to give effect to ADR. The reason behind inserting Section 89 (as also Order 10 Rules 1A to 1C) is for implementing The 129th Report of the Law Commission of India and to make effective the Conciliation Procedure. Settlement of disputes outside the Court: Section 89 does not make a compulsion for the Court to necessarily conduct arbitration but it gives an option for the court if it is satisfied, that there is an existence of settlement which is acceptable to the parties, and...

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Rule Of Law in India

Background: - Ancient Time: The Rule of law was firstly described by ancient Greek philosophers such as Plato and Aristotle around 350 BC. Aristotle also shared his views about the Rule of law by writing that "law should govern and those in powers should be servants of the laws." The phrase ''Rule of law''is derived from the French phrase ‘la principe de legalite’ (the principle of legality) which refers to a government based on principles of law and not of men. Rule of law is the basic and Fundamental principle of the English Constitution. It states that law is above all and whether its citizens or government...

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