64
If such conversations are reported, it can place the suspect in a dilemma.
Consider a man who appears to have overdosed on illegal narcotics. He is taken to the hospital, and the doctor asks what kind of drugs he took, in order to plan his treatment. If the man thinks that what he says could be used to prosecute him, he might lie to the doctor. Then he ...
16
No, the musical composition itself (i.e., what you might express tangibly in sheet music) has copyright distinct from the copyright that exists on Led Zepplin's recording of the song. Your new cover will still be a derivative work of the musical composition.
When you record a cover of a copyrighted song, you must get permission from the composer (or current ...
9
Education in India falls under the concurrent list -- i.e. both state and union laws apply. However, there do not appear to be any codified "student rights".
The relevant national body for "technical education" is the AICTE, which does have a mechanism for grievance redressal, this is often used as the primary source of complaints against ragging.
You can ...
9
You haven't actually asked a question, but I presume that you want to know how the 11-year-old son could accompany his mother to the US if she moves to the US as the fiancée or spouse of a US citizen.
The US Department of State has a page about this on their site. It says:
Overview: What Is a K-1 Visa?
The fiancé(e) K-1 nonimmigrant visa is for the ...
7
Bonded labor is illegal in India, but enforcement is lax.
Read Right against exploitation in Fundamental rights in India.
The right against exploitation, given in Articles 23 and 24, provides
for two provisions, namely the abolition of trafficking in human
beings and Begar (forced labour)...
As per law, they cannot make the contract binding if it ...
5
The simple answer is: if the law says marital rape is not a crime, it is not punishable by the criminal justice system. If there were a loophole, one of the lawyers representing one of the many rape victims who have been seeking justice in India would have found it. There more than likely isn't one.
Some Indian marital rape victims have tried prosecutions ...
5
The Muslim Personal Law (Shariat) Application Act of 1937 apparently sets no lower limit on marriage for Muslims. The Prohibition of Child Marriage Act 2006 then defined a child as a female under 18 and a male under 21, and a child marriage is one where at least one party is a child. The law then says that "Every child marriage is voidable at the option of ...
5
The hotel provides the minibar, and the service of keeping it filled. They provide the service of being able to eat the food without leaving your room, and let you pay much later with your bill. And they are not a retail store, so rules for retail stores don’t apply.
4
As stated in the answer to What is considered "public" in the context of taking videos or audio recordings?; if either of the participants is in Australia than unless all parties have given consent then the recording is illegal.
Notwithstanding its legality, property in the recording vests in the person who made it. There is no law against him ...
4
Yes.
The formation of a contract requires (among other things) that the parties intend to be legally bound. Their sending the offer from a corporate email address shows this. You replying in the same way shows your intention. Signatures are optional.
Consider, verbal contracts are binding; how do you sign those?
4
First, it is quite unlikely that a US court would take on the case. Someone will have more details, but for example in EU law if you move away from the place you last lived together, you can only file for divorce in the country where your partner is living (in this case, India). Annullment is a much more serious matter than divorce, so I doubt any American ...
4
Signing as a witness will not generally make you liable on a contract.
But, if you sign as a witness to something that you did not in fact witness, you could be liable for fraud or negligent misrepresentation is someone suffers harm as a result of you untrue statement that you witnessed the document being signed.
Update:
Usually you would be sued for ...
4
The words "an Act" and "a law" are often used loosely to be synonymous in an every day conversation, but "a law" is a broader term.
For example, the criminal code is "a law". But, while the original version of the criminal code may have been a single "act", the criminal code has almost certainly been amended by many other acts over the years after its ...
4
There seems to be one national law about leave, the Factories Act, 1948 §79, which grants an adult employee 20 days of paid leave after a year of employment, assuming the person has worked the required number of days within the year. Sub-section 3 addresses accrued leave at the end of employment (for whatever reason), that he:
shall be entitled to wages ...
4
The article appears to follow an ancient and disreputable tradition; researching one instance where a crime was lightly punished (but ignoring the reasons), finding another where an apparently more trivial crime was heavily punished (again ignoring the reasoning), and claiming that the law punishes the latter more heavily than the former. As long as people ...
4
Separation of powers means that the judiciary can't pass laws or executive orders. It doesn't mean that the judiciary can't interfere with their passage and enforcement. Quite the opposite -- the checks and balances inherent in the system ensure that the judiciary can interfere in some cases.
One of the checks is the concept of judicial review: the courts' ...
4
This sucks. It is also legal. It's a private school, they can admit who they like (provided they don't discriminate on the grounds of protected characteristics like "religion" or "caste").
4
It is entirely legal. The school has no obligation to admit any particular student unless there is an alumnus preference clause in their admission agreements.
3
As far as I can tell, one can hold any beliefs or lack thereof, and there is no need to register your beliefs with the government per se. However, there are laws where religion is relevant, such as the Hindu personal laws such as the Hindu Marriage Act, 1955 or the Hindu Succession Act, such as stating who gets your stuff if you die intestate. These laws ...
3
To answer the question about gender:
In jurisdictions that do not allow same-sex marriages, a marriage is automatically considered invalid if it is discovered after the marriage that both partners are of the same sex.
In the US and the UK, this is called a void marriage (not to be confused with a voidable marriage, which is one that is not automatically ...
3
Extradition treaties/agreements
The general principle of international law is that all countries are sovereign and have jurisdiction over all people within their borders; in this regard they are not required to render any persons within their borders to another country, not even to be prosecuted for a crime.
However, if the country the person is in has an ...
3
Its just free enterprise, right?
Well ... except when there is a law that says its not allowed. I am unfamiliar with Indian law but the relevant law in Australia is the Trade Practices Act which deals with this under the category of Misuse of Market Power. In a nutshell:
A business with a substantial degree of power in a market is not allowed to use this ...
3
For starters you might want to read fundamental rights in India.
FUNDAMENTAL RIGHTS
General
Definition.
Laws inconsistent with or in derogation of the fundamental rights. Right to Equality
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Equality of opportunity in ...
3
Legally you face no problem. The section 66A of the Indian IT Act, which used to be previously misused for penalizing anyone who dared insult a politician, has been struck down as unconstitutional by the Supreme Court of India.
But the police could still detain you for 48 hours (legally) without giving any grounds; they are required to do that, but the ...
3
Article 15(2) of the Indian Constitution prohibits restriction to any citizen of India on entry to a public hotel, restaurant or place of entertainment on the grounds "only of religion, race, caste, sex [and/or] place of birth". It is a fundamental right guaranteed to all citizens of India.
The Supreme Court of India has held a "public place" to mean any ...
3
The duration of copyright varies according to different laws; however generally copyright lasts for 70 years after the death of the author(s), and you can check if the author died on Wikipedia or on the internet. Once copyright expires, books are considered public domain and you don't need permission to reproduce or copy etc.
Books, as well other types of ...
3
No.
An engagement letter is a written confirmation that you have hired a lawyer which also sets forth the contractual obligations of the parties (i.e. the basis upon which attorneys' fees will be charged in the case).
Instead of serving as an "estimate" or "approximate quote" of the fees to be charged, it is evidence that there is an attorney-client ...
3
My review of the national Indian Penal Code finds that the usual sentence for killing someone else's cow under Section 429 is up to 5 years in prison and/or a fine.
But, the Article 48 of the Constitution of India requires states to enact state specific laws barring cattle slaughter, in general, as well, in a nod to the plurality Hindu religion at the time ...
3
In the United States, whatever you say to your doctor or form you fill out is protected by the doctor-patient privilige.
If a district attorney or prosecutor were to present a recording or file of this in court, it would be deemed inadmissible by the judge based on the previously mentioned privilege. Furthermore, your doctor would not be able to testify on ...
3
The theatre is a private place. You may enter it only with the permission of the owners. They are not obliged to grant you that permission. They have the right to refuse admission on almost any grounds they choose.
I say "almost" because many jurisdictions have laws about things like race or gender discrimination. I suspect in India it would be illegal ...
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