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 ...
- 30.1k
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 ...
- 218k
45
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 ...
- 5,954
43
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 ...
27
votes
After reading a fact from a copyrighted textbook, does asking about that fact on a public forum infringe copyright?
In most copyright law (India is no exception), facts and ideas cannot be copyrighted. A particular expression of a fact or idea (i.e. the words used to say it) can be copyrighted, but not the ...
- 6,020
22
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. ...
- 216k
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 ...
- 3,339
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 ...
- 218k
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 ...
- 216k
13
votes
Accepted
What is a sure shot way of proving citizenship of India?
What are the documents or paperwork which can prove someone is an Indian citizen?
As is often the case, it depends on the context: who is seeking to prove the person's Indian citizenship? For what ...
- 38.8k
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 ...
- 216k
12
votes
What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?
Mark the mail delivered as "addressee unknown, return to sender" and give it to the postal delivery person next time around. If the mail stops getting through, the neighbor will update their ...
- 229k
12
votes
What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?
Based on the description, there is no legal relief available.
To quote:
a tort is breach of a non-contractual duty which has caused damage to
the plaintiff giving rise to a civil cause of action and ...
- 223
11
votes
Is it possible for India to extradite its own citizens?
In general,
A country X can extradite people in X to country Y, at the request of Y and to the extent authorised by X's own law.
Typically, there will be an extradition agreement between X and Y (a ...
- 7,445
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 ...
- 17.9k
9
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 ...
- 301
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.
...
- 38.8k
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 ...
- 216k
9
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 ...
- 216k
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 ...
- 229k
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 ...
- 229k
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 ...
- 218k
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". ...
- 216k
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. ...
- 114k
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 ...
- 81
Only top scored, non community-wiki answers of a minimum length are eligible