LexCliq

  RIGHTS OF PRISONERS  BY NUPUR GARG  INTRODUCTION  The word prisoner means any person who is kept under custody in jail or prison because he/she committed an act prohibited by law of the land. A prisoner also known as an inmate is anyone who against their will is deprived of liberty. This liberty can be deprived by forceful restrain or confinement. Prisoners’ rights deal with the rights of the inmates while behind bars. Prisoners have basic legal rights that can't be taken away from them. The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment. Section 1 of the Prison Security Act1992, defines the term prisoner. The word prisoner means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. FUNDAMENTAL RIGHTS  Fundamental rights form the core of human rights in India. They are the b...

  Scope of Sociological Jurisprudence By Shagun Mahendroo SOCIOLOGICAL JURISPRUDENCE The study of society, social change and human behaviour is known as sociology and the study of law and the legal perspective of things is known as jurisprudence. The sociological school of law asserts that the law and society are intertwined to each other. This school of thought contends that the law is a social concept since it affects so many people. Sociological jurisprudence focus on studying law by relating it with the society. Features of Sociological School of Law: The Sociological School of Law fully disregards positivism, i.e., sovereign authority, as well as historical jurisprudence. The Sociological School of Law places a greater focus on the practical side of law than on its abstract nature. It has direct impact on society and form laws in response to social needs. Behind every legal element, there is a hand of sociology. The crimes which are committed are somewhat sociological in natur...

  It can be correctly said that Sociology helps law to better understand society for smoother regulation and formation of laws. Sociology and law are distinct disciplines but at the same time, I feel that law is another aspect of sociology as sociology is the study of society and its people, and it’s the people who create governments and laws to bring about order and productive functionality in the society. Despite being distinct disciplines, the two are interwoven in such a manner that it is difficult to picture a world, one without the other. All and any societal institutions such as family, corporation, organisation et cetera are governed by law to create a semblance of order in every aspect of a persons’ life. Society defines what is expected of a person who is a part of that society, their behaviour, actions, reactions, ethics and morality are guided by what the society deems appropriate and law helps enforce these beliefs. Placement of judicial systems and law enforcement age...

  History and origin of Human rights by Nandani singhania History can be divided into three part, medieval history , ancient history and modern  history . We can say that during the stage of medieval history , human rights didn’t exist in particular , as in certain rights were performed and followed but it didn’t had a particular name for it .Not everyone were given the right to equality but we can say it existed in some particular areas and fields. For example – Urukagine of lagash (3260)BC , Indian Vedic era (1500-5000) BC – Dharma During the medieval age that is the era after christ (AD) the first witness of human rights regulation was noticed In Britain , king of Britain during 15 th June 1215 introduced Magna Carta under which human rights guidelines were stated. During the ancient history a sequence of human right guidelines were introduced. After the introduction of magna carta in year 1215 ,petition of rights 1628 , habeas corpus act 1679 ,bill of rights 1689 was brou...

  Arbitration In this modern era , where time is considered money , corporate people must  inculcate the policy of ADR into their system as it is a limpid , remote and quick  process, they  don’t have to get involved in long judicial procedure, and their conflict can be sorted by the mutual understanding  their idea of conflict doesn’t not revolve in punishing the other party for the error from their side but to get a crystalline outcome for the same so that the work can continue with the same pace ,without any procrastination ADR has different modes out of which one of it is Arbitration. Arbitration – it is a process of solving dispute outside the court with the help of third party, it is basically a predetermined clause or agreement agreed upon by the parties before entering into any contract of agreement . for example – A and B while entering into a partnership contract can state a clause that in case of any dispute in future , arbitration should be considere...

  CONTINGENT CONTRACTS  BY NUPUR GARG  INTRODUCTION  Section 31 of the Indian Contract Act, 1872 defines the term ‘Contingent Contract’ as follows: ‘A contingent contract is a contract to do or not to do something, if some event collateral to such contract does or does not happen’. In simple words, contingent contracts, are the ones where the promisor perform his obligation only when certain conditions are met. The contracts of insurance, indemnity, and guarantee are some examples of contingent contracts. ESSENTIAL ELEMENTS  There Must Be a Valid Contract To Do Or Not To Do Something Sections 32 and 33 of The Indian Contract Act, 1872 refer to the enforcements of contracts on an event happening and, on an event, not happening respectively. A contingent contract will be valid only if it is a contract to do or not to do something. For instance, if a person A contracts to pay B, another person, a sum of 10,000 if B’s house is burnt, it is a valid contingent contrac...

  Right To Privacy Through Perspective of Article 21 By Shagun Mahendroo Fundamental Rights, which are written in Part III of the Indian Constitution, were created to defend citizens' rights and give them with a sense of security and freedom. These rights also prevent authoritarian and dictatorial rule from taking root in the country. Every individual has the right to live a life of liberty and dignity. Article 21 of the Indian Constitution is one of the most important fundamental rights. Article 21 of India's 1949 Constitution: Right to Life and Personal Liberty No one's life or personal liberty can be taken away from them unless they follow the legal procedure. Article 21, popularly regarded as the constitution's heart, grants citizens and non-citizens of India the right to vote. This fundamental right encompasses a wide range of rights in addition to life and liberty. The word "personal liberty" has been debated in numerous cases, with the most recent case ...

  Judicial process Judicial process is the means through which justice is to be administered and in this process the judges act as an instrument to attain this goal, wherein the judges are expected to nave knowledge- of facts involved and of the law that would apply to the said facts. But the decision arrived at by a judge involves multiple factors in addition to just the logical application or the rule of law to the facts Justice Cardozo's lectures published in a set titled "Nature of Judicial Process" are extremely relevant for this discussion since he mentions the heft responsibility of the judicial rv in the judicial process and in doing so he throws light on the sources that guide a judge and contribute to the final decision arrived at in any given case He first of all imputes on judges to decide cases bv emplovine an objective standard. all the while remaining within the prescribed precincts of the relevant law. What amounts to wrong and right cannot be decided by t...

  MAINTAINABILITY Of SECTION 125 CRPC Section 125 of the CrPC contains the provision that if a wife is unable to maintain herself. maintenance should be provided. Danial Latifi V UO. while dealing with the dichotomy arisine out of Section 125 and the Muslim Women Act 1986. interpreted the legislative intention behind the section. This section was to ensure that the marginalised sections of the community such as women. children and aged people are provided with the facilities required mall training themes es and forever ting vagrancy and creates an obligation by law to de In the case of lqbal Bano v UP held that Section 125 was open to all Muslim Woman since it was a beneficial legislation and reiterated that its nature is that of a civil law. Further. in the case of Shabana Bano vImran Khan. which is very relevant to the factual matrix given in the question, the SC held that the maintenance, of a wife from her husband, under the CrPC continues even after the Iddat period. This cont...