Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Victim Compensation– Judicial Response with Special Reference to Gwalior District
Get PDFEvery crime has at least three components that are Criminal or Offender, Crime, and Victim of Crime. Our criminal justice system is primarily focused on the offender as compared to the victim. The criminal proceedings are entirely at the initiation of the state. They do not depend upon the sweet will of the victim. Attention should be given to their sufferings and needs to enable them to live in a society with honor, dignity, and respect. It is the responsibility of the state to prosecute offenders and provide retribution for offenses to the victims of crime. The study attempts to examine the trend of compensation to victims that are being awarded to victims of a crime under Section 357 and Section 357-A of the Code of Criminal Procedure 1973
Dissolution of Muslim Marriage in India: An Analytical Study
Get PDFThe concept of marriage and divorce in Muslim law is based on ancient perspectives and a historical perspective among Muslims. Personal law, which contains the Quran (holy book of Muslims), Sunnat (traditions), Ijma (consensus), and Qiyas (analogical deductions). Quran is the most important source in Muslim Law. Marriage is seen as a civil contract in Muslim law. Nikah and muta marriages are two different types of Muslim marriages. Both the likely husband and wife must fulfill various significant conditions before entering into a Nikah marriage, such as the age of majority, the parties\u27 permission, Mehr, and so on. Because Muslim marriage is a civil contract, one party makes an offer, which is accepted by the other. Divorce by husband, by wife, by mutual consent, and by judicial order are the four types of divorce in Muslim Law
Is Law Strong Enough over Customs? The Salience of Child Marriage in India: A Critical Study
Get PDFIn the era of globalization world has been changing rapidly. Along with it, certain socialpractices are also changing and some have become obsolete. Child marriage is one of theretrogressive evil that is still struggling towards good and against evil. A wholly social mindset isassociated with customs and idea of rejecting practice perpetuates hatred. The very idea of lawagainst child marriage is under strain, owing poor social and political will. This paper will drawhistorical roots of child marriage tradition along with issues and challenges that challengesfundamental rights of the child
Human Right of Persons with Disability: A Study of Indian Perspective
Get PDFThe greatest value of human life represented in the recognition of fundamental rights and in fully enabling people to enjoy and exercise these rights to the extent that preserves their humanity and respects their civility. Despite the fact that people with disabilities make up a considerable fraction of the global population, they remain one of the most marginalized and vulnerable groups. Focused measures for the welfare of disabled people are critical in an era where ‘inclusive development\u27 is being emphasised as the proper road to sustainable development. The public\u27s awareness and knowledge of disability rights concerns has risen during the last decade. This paper proposes to examine those human rights which such persons now enjoy specifically in relation to the human right with particular emphasis upon the Convention on the Rights of Persons with Disabilities 2006. The article\u27s second section will look at how these worldwide standards have been implemented. It will specifically consider the relevant provisions of the Right of Person with Disability Act, 2016. This paper also focused on the judiciary role in the upliftment of human rights of person with disabilities Government
Legal Education: New Challenges
Get PDFLegal education should aim at promoting ‘Justice’ - The idea of Bar Council of India was to make the study of law as prestigious and attractive as technological and management studies - What is legal education doing for social justice? - The law schools of this country are confronted with the great task of infusing into our legal system - We have been discussing what our law needs - Legal education as a science which imparts to students’ knowledge of certain principles and provisions of law - Profession of law is a noble calling and the members of the legal profession occupies a very high position - legal education should not only produce attorneys but should be observed as a legal tool for social proposal – The aims of legal education may be multi-fold in a developing democratic country like India - Legal education is a broad concept - Legal education is influenced by a multitude of factors. - The function of the Bar Council of India as rules on standards of Legal Education. Legal education institutions engage in field of legal education and strive to improve the quality of legal education in India. There are many challenges and issues surrounding legal education
Increase In Domestic Violence Cases Against Women During Covid 19 In India
Get PDFDomestic violence in simple words is an abuse committed by a family member against other member of the family. Its victim could be any person i.e. male or female. But generally a woman becomes the victim. Such women may be daughter, wife, etc. recently during lockdown due to pandemic COVID 19 the number of cases has been increased. Looking at this problem it has become necessary to make some effective measures for the protection of women
Business Judgment Rule: Defense for the Directors in Cases of Alleged Breach of Duties
Get PDFIn this article researchers will explain about Business Judgment Rule and how it can be used as a defence by the directors’ of the corporation. In simple language it can be said that the “Business judgment rule” is nothing but a judicially evolved doctrine derived out of case laws in the field of corporate laws. This doctrine has its origin in USA followed by U.K. The rule is in use in some form or the other in the common law countries e.g. whales, Australia, Canada, India &c. Australia has codified this rule under sec.1180(2) Corporations Act 2001, in South Africa Companies Act 71 of 200 section 76(4) provides for director’s duty to work towards best interest of the business with due care, skill and diligence, in India section 166(2) of Companies Act, 2013 requires that for the benefit of different constituencies of a company a director must act bona fide to promote the object of the company. The Business Judgment Rule tries to protect the directors of the company by creating a safe harbour for those who works for the betterment and interest of the corporations in an honest manner and in good faith. The scope of the paper is restricted to mainly US decisions, which has seen the greatest development in interpreting cases, though certain important landmarks in the Indian and UK context have also been referred to. The paper is limited by secondary sources such as books, articles and reports available on the subject
Re-Defining The Role Of Indian Legislature In Regulating Consensual Sex Between Minors
Get PDFThe role of legislator is not simply confined to making laws, but they also play a significant role in development of society as a whole as they escalate or attenuate this process of development by the quality of laws they make. The age of consent laws made by the legislator are one set of laws that are working in contradiction of the aims and objectives for which they were enacted and are rather being criticized. The term „age of consent‟ is itself controversial and it has been suggested what is created is an „age of liability‟ for the offender rather than an age of consent.1It has been argued that „age of consent‟ is an establishment of age at which the law of a country decides that a child is allowed to have sexual intercourse and it has very less to do with consent. Much of the behaviour caught within the web of Rape of a child between 16-18 years of age involves the cases of consensual sexual intercourse, thus involving the adolescent youth of the country who are being prosecuted. This necessitates the need to stop this never-ending web of accusations against the boys who are being prosecuted for having sexual intercourse notwithstanding the involvement and consent of the girl to the fullest. The paper is shared out in four sections. In the first section, the author delves into the theme of statutory rape law and POCSO Act to critically analyse its utility in protecting children from consensual sexual acts. In the second section, the author attempts to examine the legislative intent behind setting such a higher age of consent from a historical perspective and brings to the surface a critique of legislative intent and acts. In the third section, based on a critique of traditional ideology and dearth in approbation of principles of criminalization, the author explains the need of decriminalizing consensual sexual acts among adolescents (between 16 to 18 years of age). In fourth section, the author attempts to conclude by quoting suggestions to frame the best practice paradigm to implementing Statutory Rape law in Indian Legal System
Arbitration Agreement and its Construction: An Analytical Study
Get PDFThe primary objective of this paper is to analyze how arbitration has evolved as an alternative to dispute resolution apart from regular and cumbersome court proceedings. The researcher has further dealt with the relevance of an arbitration clause in the contract. How one need to be cautious while drafting an arbitration agreement. In this paper researcher has extensively discussed the essential elements of an arbitration agreement and when an agreement will be considered to satisfy the provisions lay down under section 7 of the Arbitration Act, 1996. The researcher has also traced down the trend followed in India while interpreting the existence of valid arbitration agreement. The relevance of words may and shall use in the agreement and what impact it has on the validity of the contract. In this paper researcher has confined her discussion to the importance drafting arbitration agreement in Indian context and has not extended her research to other jurisdictions
Impact of Environment Protection Act, 1986 on the Society
Get PDFThe environment is the real world that has the living as well as non-living types of surroundings on the earth. All living things and non-living on this planet go under nature. Whether they live on land or in water they are part of nature. The air, water, plants, animals, human beings, and other living things are existing in the environment. In another word, we can say that an environment is a nature that nurtures our life on the earth. Everything which we eat, drink, feel, breathe, laugh, and weep in our life comes from the environment. Like water, air, sunlight, land, food, clothes, plants, forests, rivers, and other natural things come within the environment. The environment can be understood as a caretaker that keeps life on the earth. In the present scenario, many hazardous materials and wastes release by the industries and unwanted acts of humans that’s why we have to save the planet. There are many factors affecting the environment like the atmospheric process, geomorphic process, hydrologic process. So in this research article, we will discuss the role of The Environment Protection Act, 1986 to protect the environment and what is the impact of this act on society