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A new chapter XXI A on ‘Plea Bargaining’ has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by parliament in its winter session. It is derived from the... more
A new chapter XXI A on ‘Plea Bargaining’ has been introduced in the Criminal Procedure Code. It was introduced through the Criminal Law (Amendment) Act, 2005, which was passed by parliament in its winter session. It is derived from the principle of ‘Nalo Contendere’ which literary means ‘I do not wish to contend’. Earlier there was no such provision in the laws, but after this amendment the face of the Indian Criminal Justice System has changed.
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In the pre-Islam Arabia, the laws relating to marriage and divorce were discriminatory against the women and in favour of males. There were of different kinds of Marriages and divorce was very simple, easy, and discriminatory against the... more
In the pre-Islam Arabia, the laws relating to marriage and divorce were discriminatory against the women and in favour of males. There were of different kinds of Marriages and divorce was very simple, easy, and discriminatory against the Woman. With absolute rights vested in favour of men without any checks that result in to men denying the women their basic rights. Women were treated as chattels in man dominating society, and they were not given any right of marriage, inheritance, divorce and were dependent on man. Prophet Mohammad brought a complete change in the position of women. He placed woman on a position and footing of equality with men in the society. ‘Nikah’ (marriage) literally means ‘to tie up together’. It was considered as a matrimonial contract as well as a sacramental institution that gives the women a prestigious status in the society. Object of Nikah was to ensure stability in a married life.
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First Information Report (FIR) is a document which is prepared by the police in written when they receive information about the commission of a cognizable offence. The main objective of lodging FIR is to set the criminal law into motion... more
First Information Report (FIR) is a document which is prepared by the police in written when they receive information about the commission of a cognizable offence. The main objective of lodging FIR is to set the criminal law into motion and not to provide all the minute details of the instance. It is a report of information that reaches the police first in point of time and that is why it is called ‘First Information Report’. It can be used only for limited purpose, like corroborating the maker thereof or as one of res-gestae or for being tendered in a proper case under section 32(1) of Evidence Act. The Hon’ble Supreme Court of India, while delivering its judgment in the matter of T.T. Antony v. State of Kerala andOrs. Laid down certain important points regarding Section 154 of CrPC “Information given under sub-section (1) of section 154 of CrPC, is commonly known as the FIR, though this term is not used in the code… and as its nick name suggests, it is a earliest and the first inf...
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One of the objects of a newspaper is to understand the popular feeling and give expression to it; another is to arouse among the people certain desirable sentiments; the third is fearlessly to expose popular defects.... more
One of the objects of a newspaper is to understand the popular feeling and give expression to it; another is to arouse among the people certain desirable sentiments; the third is fearlessly to expose popular defects. 1 -Mahatma Gandhi
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A democratic state like India, banks on the smooth functioning of the three origins of State that is, the legislature, the judiciary and the executive. The three organs of the state work in tandem according to the principles of natural... more
A democratic state like India, banks on the smooth functioning of the three origins of State that is, the legislature, the judiciary and the executive. The three organs of the state work in tandem according to the principles of natural justice and rule of law. Kangaroo courts be in the forum of Khap Panchayats or Shailshi Adalat, which are without any doubt extremely influential in the areas they exist, by their bizarre diktats which seemingly possess a lot of social sanction and approval of the masses, question the effectiveness of the state with brazen impudence. So strong is the influence of these Panchayats and quasi judicial bodies among villagers and sometimes even among educated class (Retired govt senior officers also) alike that the state machinery most of the times fails to respond timely to their unfair dikats which are nothing but pure mockery of rules of natural justice. Be it the ordering of gang-rape of women for having an affair with a man of higher caste or the bann...
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The Defence forces career is treated as dominated bastion for male but with the pace of time women had shown extreme courage & spirit in different walks of life & political mighty as well as red ribbon bearing top generals were forced to... more
The Defence forces career is treated as dominated bastion for male but with the pace of time women had shown extreme courage & spirit in different walks of life & political mighty as well as red ribbon bearing top generals were forced to rethink about induction of women in non-combat role & after analysing their performance, combat entry is also knocking the door for them. Recently, three women were inducted into fighter pilot cadre just for experimentation into Air Force & trio had come with sparking enthusiasm & good flying report & likely to open door for rest who are in legitimate hope. Delhi H.C. decision in Kush kalra on 5 th Jan 18 may be a benchmark for women into olive dress profession.
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Manual scavenging is an occupation which has been in continuation since the human civilization and its compartmentalization into Varna system in India. The inhuman practice of manually removing night soil which involves removal of human... more
Manual scavenging is an occupation which has been in continuation since the human civilization and its compartmentalization into Varna system in India. The inhuman practice of manually removing night soil which involves removal of human excreta from dry toilets with bare hands, brooms or metal scrappers; carrying excreta and baskets to dumping sites, is not only diabolic but perhaps the utmost degree of human rights violation. Manual scavenger is class person which is often ignored when it comes to protection of human rights, civil rights or fundamental rights granted under Constitution of India. These are the people who suffer from deadly diseases, live a very inhuman life and criticized the most for their lifestyle. This research paper will discuss the condition of manual scavengers and laws related to employment of manual scavengers and their standard of health.
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Consumerism in India starts in 1970, as the literacy level increase as well as industrialization is also increase in the same period and stiff competition is started, due to stiff competition in the market seller are using unfair... more
Consumerism in India starts in 1970, as the literacy level increase as well as industrialization is also increase in the same period and stiff competition is started, due to stiff competition in the market seller are using unfair marketing practices and customer are mislead with false claim through advertisements. So customer agitation starts, to save the interest of the customer Govt. of India enacted two major laws one is MRTP Act, 1969 and another is Consumer Protection Act, 1986. In 2013 MRTP Act, 1969 was replaced with Commission Competition Act, 2013 to make Indian Companies more competitive. After enactment of consumer protection Act, 1986 the vacuum in law fulfilled with respect to any specific law for settlement of consumer disputes. This Act provides three- tire redressal machinery for speedy settlement of consumer dispute. In this context we can see the achievements of this Act and we can also assess the area of where improvement is required. For this study available lite...
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The concept has its roots in the 1807 Abolition of Slavery Act of Great Britain . Many academics in the field perceive this as the beginning of the end of the traditional form of slavery: chattel slavery. In the 19th century, Britain... more
The concept has its roots in the 1807 Abolition of Slavery Act of Great Britain . Many academics in the field perceive this as the beginning of the end of the traditional form of slavery: chattel slavery. In the 19th century, Britain controlled the majority of the world through its colonies. Consequently, in passing this law to abolish slavery, the British Parliament abolished slavery in the vast majority of its colonies. Bonded labour must be attacked from many fronts. Enforcement of the law is essential, but it is not enough. The bonded labour must have someplace else to go. The elimination of current debt bondage and the prevention of new or renewed bondage ,therefore , require a combination of concerted government action and extensive community involvement .
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Dying Declaration is a statement made by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in... more
Dying Declaration is a statement made by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases. A dying declaration is considered credible and trustworthy evidence based upon the general belief that most people who know that they are about to die do not lie. As a result, it is an exception to the Hearsay Rule, which restrict the use of a statement made by someone other than the person who repeats it while testifying during a trial, because of its inherent untrustworthiness. If the person who made the dying declaration had the slightest hope of recovery, no matter how unreasonable, the statement is not admissible into evidence. A person who makes a Dying Declaration must, however, be competent at the time he or she makes a statement, otherwise, it is inadmissible. A dying declaration is usually introduced by the prosecution, but can be...
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The Individual cannot attain the highest in him unless he is in possession of certain right and liberties which leave him as it were to breathe and expand. Freedom is necessary to-man as bread and air. The concept of human rights got lost... more
The Individual cannot attain the highest in him unless he is in possession of certain right and liberties which leave him as it were to breathe and expand. Freedom is necessary to-man as bread and air. The concept of human rights got lost on its way in the dark and narrow alleys of the middle ages. In the Medieval period of the philosophical and ideal speculation, were replaced by new idea of chivalry, war and others heroic traditions which led to confusion and uncertainty. The right to life guaranteed under Article 21 should therefore be interpreted to incorporate at least the minimal conditions for an autonomous life, including an adequate range of options. Some of these conditions are detailed in Part IV of the Constitution which is necessarily to be read along with Part III or more importantly under Article 21 to make it more meaningful. Those conditions are the instance of collective goods which are the possible foundations of autonomy of individual.
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In democratic govt. media is presumed as forth pillar of the democracy. Because every democratic Constitution guarantees freedom of speech, Indian Supreme Court had also held freedom of speech includes freedom of press and media. Media is... more
In democratic govt. media is presumed as forth pillar of the democracy. Because every democratic Constitution guarantees freedom of speech, Indian Supreme Court had also held freedom of speech includes freedom of press and media. Media is mode of communication between State and citizen. Constitution of India guarantees social security’s and social justice to weaker section of the society. In patriarchal Indian society, space of Indian women is limited to the boundary wall of the house irrespective of reasons. Some social issues are hurdle in the overall development of women’s in India. Indian press raises voice against these issues and achieved a referendum that force the administration to perform their duties.
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Globalisation as a term has been defined and described by scholars, policy makers and businesses depending on the benefits that they have been seeking from it. While economists and businessmen have viewed globalisation as the removal of... more
Globalisation as a term has been defined and described by scholars, policy makers and businesses depending on the benefits that they have been seeking from it. While economists and businessmen have viewed globalisation as the removal of barriers to free trade and as a means to create one global market, sociologists have described it as the intensification of worldwide social relations where local events are shaped by happenings in distant places. It is a fact, however, that the economic benefits and consequences of globalisation and global economy have occupied most of the media and mind space of the participating nations. Globalization can bring in the lives of rural and underprivileged women if it is backed and supported by adequate and effective policy measures by the government.