Hot answers tagged

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 ...


50

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 Constitutional right to equality. You have a Law in the Constitution that says people have to be treated equally. You have another law that says people in same-sex ...


45

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 ...


27

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 making any further applications or carrying out litigation without permission. Vexatious litigation is legal action which is brought solely to harass or subdue an ...


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 ...


13

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 ...


10

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 already crimes, such as numerous kinds of assault, trespass, unlawful eviction, also including knowingly making obscene gestures at a woman belonging to a ...


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-...


9

India does not have a constitutional court, which is a term usually reserved for a court which has exclusively jurisdiction over constitutional questions and usually limited to constitutional questions. India has a (mostly) unitary court system capped by the Supreme Court of India, but its jurisdiction is not limited to constitutional questions, and it is ...


8

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 ...


8

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


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 ...


7

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 contract. This may be a contract clause which both sides entered consciously, or part of the terms of service which the user/customer clicked without really reading ...


7

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. ...


7

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 same or related conduct, which might result in an injunction or other court order to address future actions and attempt prevent further actions of the same sort. ...


7

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


7

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. Such comments are known as Obiter dicta, or just dicta (singular dictum), literally "said by the way". They are often considered to be persuasive, ...


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

Directors don’t own companies - they manage them Shareholders own companies. So, if you are a director and die, the legal upshot is you are no longer a director and the company may need to replace you in accordance with its rules. If you are a shareholder, then, subject to any other contracts like a option for the company or other shareholders to buy the ...


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

Unauthorized use of a computer is illegal in most of the United States, and in many circumstances it is a federal crime. Here's a round-up of applicable laws from the National Conference of State Legislatures.


5

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").


5

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.


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

With reference to Indian law, the case Standard Chartered Bank vs. Directorate of Enforcement decided by the Supreme Court is most relevant. The bank was tried for criminal offenses, violation of the Foreign Exchange Regulation Act, 1973 where violation of §56 is to include a mandatory prison sentence of 6 months to 7 years. The bank argued that they could ...


5

Under U.S. law, Section 230 (47 U.S.C. § 230) limits liability for comments solely to the comment maker and not to the video uploader or YouTube. It basically says that there is no duty to moderate except for copyright upon a takedown notice. Normally takedown notices would be directed to YouTube which has a process that handles that, and not to the uploader,...


5

Given your reference to "consumer court", I assume this is in India, so you are also concerned with the Consumer Protection Act. Under the act, your complain would have to be about one of a number of things, including most likely (iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any ...


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