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 ...
43
Yes, it's actally happened. Several outfits have filed cases by the hundreds, and they were even literally photocopies.
And it works rather well, until one victim stands up for what's right - and then the house of cards comes tumbling down.
Molski
For instance, due to a minor ADA issue (toilet paper roll 2" too low etc.) poor Jarek Molski was injured ...
answered Nov 23 '20 at 1:35
Harper - Reinstate Monica
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25
There is no limit, per se, but intentional disruption of the courts is regarded as Vexatious Litigation and in some countries (the UK for example) the court may prohibit a person from making any further applications or carrying out litigation without permission.
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. ...
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 ...
11
What if someone purposefuly tries to file a court case every minute to disrupt the court can the person be punished in India or USA?
There is no official rate limit, but in the USA that person might be blacklisted as vexatious litigant. This blacklisting triggers a "filter-out" process intended to validate that the lawsuit is not blatantly ...
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 foreign-...
8
The legal hook is reported to be §129 of the Code of Criminal Procedure, which authorizes use of force to disperse an illegal assembly, which this sort of is. No statute that I can find states that police can smack lawbreakers who are forced to disperse, but as is common in common law countries, the laws of India are not fully explicit on that which is ...
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 relates ...
6
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.
6
Much, if not all, of what you describe already exists in many companies. This mostly takes place in the company's HR department, more serious matters are escalated to a board of directors, and nothing prevents the company from suing the employee in an actual court.
The sued, penalized, or terminated employee may establish that the company departed from its ...
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
Is it illegal to ask a company for money in exchange for information on a bug in their software/website?
That in itself is legal. Indeed, the company would incur unjust enrichment if it coerced you to disclose your discovery for free.
Only if you threatened the company to divulge to others your discovery unless the company pays you, it would be illegal and ...
5
if these questions and answers are found to be legally binding ...
They aren’t. Therefore the premise of your question is flawed.
It’s like asking “If my dog was a cat ...”. Well, since your dog isn’t a cat we don’t need to hear the rest of the question.
5
If you substitute the courts with line managers and HR policies, this is just a description of an internal discipline and grievance process.
5
The other answers make good points. A few others that haven't been raised:
There are filing fees involved in filing a lawsuit that while modest, still prevent the number of suits filed from reaching absurdly infinite levels. To file one lawsuit a minute for two days will cost you about $720,000+ before considering the requirements to hire process servers. ...
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
At least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractually. ...
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.
4
The liability shield is the big one, and it can't be achieved with a contract.
Just because the contract says you're not liable, that doesn't make it true. If I sign a contract with my friend that says "Nate Eldredge is hereby the King of France", that won't make me the king, nor will it force anyone except maybe my friend to acknowledge me as the king. ...
4
Under Swedish copyright law, a work such as a movie is protected for 70 years after the death of the "creator". It is unclear who the copyright holder is, but it has not been 70 years since the film was made. Unless it was explicitly "released into the public domain", it is still protected, so you can get sued.
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