The Law Against Sexual Harassment

The Law Against Sexual Harassment Abstract Ladies were sexually pestered some time before there was a term for it. Since industrialization, ladies working in manufacturing plants and workplaces have needed to persevere through sexual remarks and requests by supervisors and collaborators as the cost for financial survival.In the nonattendance of common and corrective laws in India, for giving enough and particular insurance to ladies from inappropriate behavior in the work places, in 1997, the Supreme Court passed a point of interest judgment in Vishaka vs.State…

Are Prenuptial Agreements Valid in Mumbai?

Prenups in India Prenuptial agreements have slowly begun to be talked about in the Indian society and a few rich families do take recourse to prenups before marriage. So, the government has realized the need to give space to such an agreement under the legal umbrella. This is why, the ministry of women and child development has held discussions with legal experts to explore the possibility of making prenups legal in India. In fact, the ministry is actively pursuing the issue since the Marriage Laws…

Relevancy, Admissibility and their Evidentiary Value?

Every case is decided on the basis of the Evidence produced before the court be it oral or documentary, Direct or circumstantial, but the main question that arises for consideration is whether the fact is admissible or not, because sometimes even the fact may be relevant but not admissible. The courts have to be very conscious while considering the evidences produced before them and have to satisfy themselves that whether they can base their judgment on the basis of evidences led before the court of…

Am I being Raped?

  This question very often comes to the mind of a girlwho consents having entered into physical relation with her boyfriend on the false promise of beingmarried and when the marriage actually couldn’t happen for any reasons whatsoever, the girl start to feel being physically abused or raped sometimes. Since large number of cases are being filed everyday it becomes really difficult for the police to collect direct evidence as in such casesthe promises if any given or consent taken on the basis of those…

Why Anticipatory Bail

  The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and many civil case coming up by the plaintiff to seek their rights and if the opposite party feels that the plaintiff has good case to win, the opposite party…

Bail in NDPS

Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail  as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception.  The reason behind this opposite rule is because of the gravity and sensivity involved in those matters per se and the impact on the society at large.   Among other special laws, The NDPS Act is one of them and in order to protect the society at…

Bail not Jail

Yes this is how the principle is enshrined in the constitution of India and Article 21 of the constitution of India enshrines this principle as “Right to Life”. But can we say that this principle is being followed in the courts of law and the accused persons who are languishing under trails in jails on the basis of false allegations and getting the most cherished right of the constitution of India. I feel the answer is NO, because the courts have without going into the…