Callhoun, South Carolina statesman, declared, ‘ Washington was one of us - a slave holder and a planter.We have studied his history , and find nothing in it to justify submission to wrong ….On the contrary , we find much in his example to encourage us - , should we be forced to the extremity of deciding between submission and disunion.’’.....
Audi Alteram Partem in simple words means ‘hear the other side’. It is the most fundamental principle of Justice which states that no one ought to be judged without been given an opportunity to be heard. According to Fortescue J.[1], the first hearing in human history was given in the Garden of Eden. His Lordship observed : Even God himself did not pa..
The UN had provided certain benefits for same-sex partners of UN staff and a resolution for opposing the benefits was promulgated which was supported by India. And it brings us back to LGBT rights and the infamous section 377 of IPC. On April 15, 2014, the hon’able Supreme Cou..
As per Article 15(3) of the constitution of India a special enabling provision was made towards the upliftment of women – “Nothing in this article shall prevent the State from making any special provision for women and children”, thereby allowing positive for discrimination for women. The reason for insertion of clause 3..
The Protection of Women Against Sexual Harassment at Work Place Bill (Act) had been passed in the Rajya Sabha recently and has become a law. This Act deals with protecting women from harassment in workplace and providing a safe environment. Let us now analyse the provisions of the Act in detail – &nbs..
The Founding Fathers of our Constitution had a gargantuan task of drafting what turned out to be the most extensive written Constitution in the world. When the Constituent assembly was handed over this huge responsibility - I wonder what would have taken the most time; the most brainstorming by the Drafting committee and most of all, the Chairman, the Great Dr.B...
The perils of delay in most judicial systems English is a funny language. The superlative for late, if such a word existed, would mean the newest, most recent. Semantics aside, we take on a matter that excites a lot of passion in court proceedings. The matter of time. How late is late? p..
Jasleen Kaur, a 20 year old student of Delhi’s premier college, recently posted on Facebook that Sarvjeet Singh, a young motorbike riding boy, made lewd and sexually obscene comments to her. She also alleged that when she retaliated he challenged her to take whatever actions she pleases. By both accounts the two had an unpleasant verbal exchange but the girl&..
The Central Government is contemplating to ban all web sites displaying pornography contents. A statute is getting ready in this regard. The ban has already been implemented in all the Gulf countries and in some other Islamic countries as well. A section of media always cries ‘foul’ in the name of protectors of rights against moral policing. p s..
Igatpuri nestles on the top of Thal Ghat, on the way from Mumbai to Nashik. Picturesque place, it has a “Forest”. Many gardens are larger. Yet, it is something, for the view of the valley below is breath-taking. At the entrance of the forest is a poster showing a man-eater. None has seen a live one in decades, or so the keeper says, but the..
A path-breaking judgement of Bombay Court can help all litigants on unending cases where they do not know if the opposite party is dead or alive Prof Kelwadi is an advocate. He teaches law. A good friend, he was the advocate mentioned in an earli..
One of the most highlighted provisions introduced by the new Companies Act, 2013 of India is the mandatory inclusion of at least one woman director to the board of every prescribed class of company in India. It is being applauded by one and all as an innitiative to empower women enabling them to contribute to nation building on a better platform. It is pertinent ..
An obnoxious rule is corrected by a new law that should have come ages ago ‘Good Samaritan’ is a biblical term. It has crept into common use and, for many, it means a person who helps others. But then, is a father, helping his child, a good Samaritan? Is ..
The country's first bachelor President, Honorable late Mr. APJ Abdul KALAM’S VISION FOR THE SAFETY AND SECURITY OF INDIAN RAILWAY PASSENGERS: It is worth to remember HIM as India’s ‘Father of Atomic Energy ‘ who always tendered his life and mostly sp..
CONTRACT OF GUARANTEE - SCHEME OF CONTRACT ACT,1872 1(a) It is submitted that Sections 133, 134, 135, 139, 140,141 and 145 of the Indian Contract Act, 1872 provide as follows. p style="text-..
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