ATTEMPT TO SUICIDE
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4y ago
In an attempt to suicide, a person attempts to commit suicide but either fails or is stopped before they could take their own life. Unfortunately, The Indian Penal Code 1860 does not define suicide but according to Oxford dictionary suicide is “The action of killing oneself intentionally”.  Section 309 of The Indian Penal Code 1860 explains Attempt to suicide as; “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year 1 or with fine, or with both.” [1] It m ..read more
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MARITAL RAPE IN INDIA
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4y ago
Marital Rape is the most customary and abhorrent form of a pervert in Indian society, it is hidden behind the iron curtain of marriage. Any kind of undesirable sexual penetration or intercourse, obtained by force, warns of force, or physical violence without the consent of the wife is known as ‘marital rape’. It is an act of hostility and cruelty that has become a major social and political issue linked with the disparity of power arising between husband and wife, wherein the wife is denied for her self-reliance. The primary principle for the marital exception clause is formed on Sir Matth ..read more
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PDP BILL 2019: A BILL FOR CITIZENS OR THE GOVERNMENT?
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4y ago
Introduction “The idea of the Personal Data Protection Bill 2019 is to create a relationship of trust between person and entities processing the data” [1]  In the 21st Century, data is the new oil of the digital economy. Ravi Shankar Prasad, Minister of Information Technology once said that by 2025, India can create $ 1 trillion of the digital economy.  To safeguard and regulate the most valuable asset of this era, the Government formed the Justice, BN Sri Krishna Committee. The committee submitted its report in 2018. Further, on 11th December 2019, the Minister of Electronic ..read more
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PROTECTION OF UNREGISTERED DESIGNS IN INDIA
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4y ago
Introduction As understood in general parlance, a design is a drawing or a model of specifications of a physical article or product and is understood to mean an article’s or product’s overall structure. A couch will be considered to have a fine industrial design when it is relaxing and has a good appearance.  As per the Oxford Dictionary meaning of the term ‘design’, it is: “a plan or a drawing produced to show the look and functioning or workings of a building, garment, or another object before it is made”. [1] From an intellectual property law viewpoint, an industrial desig ..read more
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IDDAT
LegumVox
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4y ago
Introduction Iddah or Iddat is an Arabic term that suggests a period of waiting and is observed by Muslim women. It’s a period of chastity which a Muslim woman is bound to observe after the dissolution of her marriage due to the death of her husband or by divorce before she can lawfully marry again. The rationale behind observing the iddat period is to ascertain and determine whether the woman is pregnant and to acknowledge the certainty of paternity. [1]  Iddat period varies in different cases: i. A divorced woman shall observe iddat for a period three months whereas a widow ..read more
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ANALYSIS OF THE DOCTRINE OF LEGITIMATE EXPECTATION
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4y ago
Introduction The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to ensure a procedural or considerable intrigue when a public authority repeals from a representation made to an individual. It seeks to prevent the mishandling of power by authorities as it focusses on equity and natural justice. In Attorney General of Hong Kong v. Ng Yuen Shiu [1], Lord Fraser said: When a public authority has promised to follow a certain procedure, it is in the interests of good administration that it should act fairly and fulfill i ..read more
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HEALTH DECISIONS TO BE GUIDED BY THE HUMAN RIGHTS PRINCIPLES
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4y ago
Introduction The Council of Europe Committee on Bioethics recalls in a statement published recently, the fundamental principles, based on respect for human dignity and human rights that must guide medical decisions and practices in the context of the current pandemic crisis. The Right to Health is stated in the 1948 Universal Declaration of Human Rights as part of the right to an adequate standard of living under Article 25 [1]  to be accepted globally.  In 1966 it was again recognized as a human right in Article 12 of the International Covenant of Social, Economic, and Cultu ..read more
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A AYYASAMY V. A. PARAMASIVAM: AN ANALYSIS IN REFERENCE TO COURT’S APPROACH TOWARDS ARBITRATORS
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4y ago
The case emerged from a dispute between brothers who entered into a deed of partnership to operate a hotel. The respondents filed a complaint against the appellants requesting a declaration of their right to engage in the hotel administration. In order to give effect to the arbitration provision of the partnership contract, the appellants complained about section 8 of the Arbitration Act. [1]  The respondents opposed the appeal by arguing that the case should not be referred to the arbitrator because there were significant charges of fraud. The respondents relied on Maestro Case ..read more
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FREEDOM OF PRESS VIS-À-VIS THE RIGHT TO PRIVACY
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4y ago
Even before India gained independence, it had already become a party to the United Nations Declaration on Human Rights and when India gained independence, the Constitution of India adopted the basic principles of the United Nations Declaration on Human Rights which include freedom of speech and expression.  The freedom of speech and expression is guaranteed to the citizens of India through the Fundamental Rights under Article 19 (1) (a) but it is not an absolute right and there are reasonable restrictions on the right guaranteed under the above the article. Even though the freedom of ..read more
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CIRCULATION OF FAKE NEWS AND LAWS RELATED TO IT IN INDIA
LegumVox
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4y ago
In present times, there is an increase in the spread of fake news. Conventional types of media and news coverage are as yet present; notwithstanding internet-based information and computerized media stages are progressively being used in substitution of the old structure. The Guardian columnist Natalie Nougayrede on this note had said as follows: “The use of propaganda is ancient, but never before has there been the technology to so effectively disseminate it.” [1] While the world is attempting to get to grasps with coronavirus (Covid-19), social media is dealing with another pandemic ..read more
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