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Domestic Violence against women in india

 Domestic Violence Against Women in India Have you read today’s news paper ? Hasn’t there any news related to the crime of domestic violence reported in that? Nowdays whenever we open the newspaper there are a lots of domestic violence cases against women reported . It is a very serious issue not only in India but also to the world . According to the data published by WHO , 1 in 3 women across the world have been subjected to either physical and/or sexual intimate partner violence or non partner sexual violence in their life time . Whereas in India , according to the NCRB data during 2019 , out of 4.05 lakh crimes against women , more than 30 percent were of the domestic violence . Firstly it is better to understand what the Domestic Violence is ? It has been defined in very well and wide manner in Section 3 of the Protection of Women from Domestic Violence Act, 2005, that any act or omission done by the respondent which harms, injures, threatens or abuse physically, sexually, verbally

Custody of Child Obtained By Playing Fraud Is Void Ab Initio

 Topic - Custody of Child Obtained By Playing Fraud Is Void Ab Initio - Aishwarya Dubey Custody of child is considered as a sensitive matter in the society. It is very crucial to choose the suitable parent for a child because the concern which arises here of his future. Thus, playing fraud with court of law to attain the same not only incites a situation of complete pandemonium but also is a threat to justice in the society. A questionable issue was witnessed before Honorable Supreme Court when they were recalling an order granting custody of child to his father, he was a Kenyan citizen but of Indian origin. It was a review order of the case “Smriti Madan Kansangra V. Perry Kansangra , and then the Court found out that the father of the child, Perry Kansangra had intrigued the Court and used unfair means in order to get the custody of Child. Therefore, a bench of Supreme Court consisting of 3 judges - Justice Indu Malhotra, UU Lalit, and Hemant Gupta passed and order in 2020 by a major

Loopholes of Judiciary while administering Environmental issues related PIL

  Loopholes of Judiciary while administering Environmental issues related PIL Loopholes of Judiciary while administering Environmental issues related PIL INTRODUCTION In generally personal belongings of environmental litigation, the parties pretentious by pollution are, typically, large, soft and unknown groups of people. Since environment and listless matter cannot stand in for themselves in smart proceedings, the Supreme Court, since the delayed 1970s, has allowable any affiliate of the public, having enough interest, to initiate a lawful development to guarantee the shelter and increase of the environment. This has arrive to be called open leisure activity court case (PIL). A amount of personal belongings of environmental issues grasp been initiated through PILs. foundation with the Dehradun mineral quarrying justification in 1983, followed by the Ganga fill up pollution case, the Delhi vehicular pollution crate to the Vellore leather commerce pollution basis and the T N Godavarm

PRIVATE NUISANCE AND PUBLIC NUISANCE TORT

  PRIVATE NUISANCE AND PUBLIC NUISANCE TORT Private nuisance and Public nuisance tort. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. For example, if someone illegally plants a poisonous fruit tree in their garden and the branches of the tree have grown and reached the neighborhood house and if by mistake the neighborhood's dog eats it and dies, here tort is committed. Nuisance is a type of tort. The word “nuisance” has from the French word “nuire” which means “to cause harm, or to hurt, or to annoy”. Nuisance is an injury to the right of a person’s possession of his property to uninterrupted enjoyment of it and results from an inappropriate usage by another individual. Nuisance is anything done to hurt or cause annoyance of the tenements of another, or of the lands, one which doesn’t amount to trespass. Essential elements of nuisance:- 1. A Wrongful act Any act which is done with the pur

Article on Raghavan committee report

 ARTICLE ON RAGHAVAN COMMITTEE REPORT By - Pranjal Tiwari INTRODUCTION The Raghavan Committee was appointed by the Government of India, for recommending some appropriate changes in the MRTP act, such that important international frameworks can be included in the ongoing act. The composition of the committee comprised of 9 members and it was chaired by Mr SVS Raghavan.The report by the committee was submitted on May 22, 2000. This report was divided into 2 volumes. The first volume comprised of The Competition policy and law, while the second volume comprised of the draft on Indian - competition act draft bill. Finally the Competition act was drafted and presented in front of the Government of India on November, 2000. OBSERVATIONS OF THE RAGHAVAN COMMITTEE The members of the Raghavan Committee, found that there is hardly any mention of the word competition in the MRTP act, and it's only inferred under the Sections 2 (o) and Section 38 (1) (h). The mere partial definition of comp

Article on Anti Defection law

 ARTICLE ON ANTI DEFECTION LAW By - Pranjal Tiwari INTRODUCTION In contemporary times, Defection Laws obtain been a major put out payable to absolute violation of the defection set of laws in the country by the leaders. Since independence, the prepare of defection has been a debatable deal out in India. We be capable of cart into account, the calamity of Madhya Pradesh leadership in March, 2020, in which Jyotiraditya Scindia by the side of with 22 part governmental building (“MLA’s”) gave resignation to the presenter of the congregation which in turn, resulted in a titanic hit to the meeting as they abortive the bewilder tribulation and so BJP, which had the limit figure of seats came into the force and thereafter Shivraj Singh Chauhan was chosen as the Chief Minister of Madhya Pradesh. Now, enormously in recent times Eknath Shinde all along with his 40 other MLA's of Shivsena has absent the Maha Vikas Aghadi of Maharashtra and had been staying in a choice in Guwahati. Thus, ra

Contempt of Court

 Contempt of Court Introduction In legal parlance, contempt of court is a serious matter as it undermines the authority of the court and impairs the public faith and confidence in the judicial administration and majesty of law which is an important ‘sine qua non' for the actuality of an orderly society. The contempt power was exercised by the court much before the enactment of statutory provisions relating to the contempt of court. A contempt of court is a legal violation committed by an individual who disobeys a judge or else disrupts the legal process in the courtroom. It can be understood by the age-old system in which our country was having to cover courts or assemblies (sabhas) in the history. ‘Philosopher Kautilya’, in his book Arthashastra has written about the authority at that time. “ Any person who exposes the king or put-downs his council or make any type of bad attempt on the lords also the lingo of that person should be cut off. ” Adding to this statement, he also