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65 votes
Accepted

Self incrimination during medical examination

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 ...
54 votes
Accepted

What motivated the Indian supreme court to legalize homosexuality?

Because the 1860 law that criminalised “unnatural” sex is unconstitutional In essence, Navtej Singh Johar v. Union of India decided that criminalising sex between consenting adults violated the ...
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44 votes

Is there any limit to the rate at which court cases can be filed?

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 ...
42 votes
Accepted

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

General The legal discussion hinges on the question whether the concept of copyright exhaustion applies to software. (The linked article also discusses the Court of Justice of the European Union ...
26 votes

Is there any limit to the rate at which court cases can be filed?

There is no limit, per se, but intentional disruption of the courts is regarded as Vexatious Litigation and in some countries (the united-kingdom for example) the court may prohibit a person from ...
  • 30k
23 votes
Accepted

Can lawyers ask judges questions?

The question should not include France and Germany, and should be limited to common law jurisdictions that are similar to India, because the function of judges differs starkly between adversarial vs. ...
  • 184k
21 votes
Accepted

Will using a cover of a song in a film free me from legal obligations?

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 ...
  • 3,279
20 votes

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

How does licensing a software not imply ownership? Because it doesn’t. Don't I own a Windows operating system once I pay for it? No Scenarios 1 - 3: each and every one of these is a breach of the ...
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16 votes
Accepted

Failing to renounce Indian citizenship

The Indian Citizenship Act, 1955 §8 requires it, so from a legal perspective, you must do it. That law does not specify the consequences, and there isn't a clear limit on the possible punishment. The ...
  • 184k
13 votes

Is there any limit to the rate at which court cases can be filed?

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 ...
12 votes
Accepted

Can hospitals run by trusts discriminate based on religion in India

Article 15 of the Indian Constitution states that "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or any of them", thus a government ...
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10 votes

Student Rights In India

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 ...
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10 votes

If someone does not downvote defamatory post does that mean they endorse it?

No They do not commit the necessary actus reus by ignoring, or not even reading, a defamatory post. To be guilty, one has to act: by words either spoken or intended to be read, or by signs or by ...
  • 30k
10 votes

Is marriage rejection on the basis of caste a criminal offence?

The applicable law of India is The Scheduled Castes And the Scheduled Tribes (Prevention of Atrocities) Act, 1989 plus the 2015 amendment. There are various prohibited acts, the majority of which are ...
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10 votes
Accepted

What is a Writ and who can issue one?

A "writ" is a formal written order issued by a court to another entity. A "writ of mandamus" is an order to a lower court or government official to do something they are obliged to ...
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9 votes

If a USA citizen marries a foreign citizen who has a kid from a previous marriage

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. ...
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9 votes
Accepted

Are Indian police allowed by law to slap citizens?

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 ...
  • 184k
9 votes

Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?

India does not have a constitutional court, which is a term usually reserved for a court which has exclusive jurisdiction over constitutional questions and is usually limited to deciding ...
  • 160k
9 votes

What is a Writ and who can issue one?

Generally, a writ is an order of a court specifically issued to another governmental agency or official (including judges and courts), directing that agency or official to take or refrain from taking ...
  • 160k
9 votes

Can lawyers ask judges questions?

Yes, in the appropriate way In essence, every trial is a question - guilty or not guilty, for the plaintiff or the defendant, or for the applicant or the respondent - so all trials ask a question of ...
  • 171k
9 votes

What would the punishment be for an accidental killing, provoked by threats of sharing a video of the attacker naked?

Natural law does not prescribe particular punishments, that only comes from statutory law. Under Indian law, this would seem to be a violation of IPC 304a, "causing death by negligence". ...
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8 votes
Accepted

Marital Rape as Defined by Indian Law

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 ...
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8 votes

Do the observations of constitutional courts that are not necessary for deciding the case form binding precedents for lower courts?

In the legal practice of the united-states and the united-kingdom comments in a court opinion which are not essential to the result reached by the court are not, strictly speaking, binding precedent. ...
8 votes

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

Under standard contract law, all the negative replies listed here would be correct. HOWEVER- having in the past contacted Microsoft service about OS transfer under MS licensing, so long as the license ...
7 votes
Accepted

Is my bond (employee contract) legal in India?

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 ...
  • 218
7 votes

Is it legal for companies to set up parallel courts?

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 ...
7 votes

Is it legal for companies to set up parallel courts?

If you substitute the courts with line managers and HR policies, this is just a description of an internal discipline and grievance process.
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7 votes

Is it legal for companies to set up parallel courts?

In most jurisdictions, companies cannot create courts. The right to do that is reserved for the state. People and companies can agree (by contract) to use arbitration for issues arising from the ...
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7 votes

How are corporations imprisoned?

A corporation can be criminally charged, this is not infrequent. If there is a guilty verdict in such a case, the penalty is normally a fine. Not infrequently, there would be a civil case over the ...
7 votes

Can a corporation be a minor?

The law doesn’t “defines a minor as a legal person below (some age)” It defines it as a natural person below (some age).
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