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Aishwaryasandeep

Case Summary: Chinnaya vs. Rammaya

Court: Madras High Court Full Case Name: Chinnaya V. Rammaya (1882) Date Decided: 21st October 1987 Judges: Innes J, Kindersley J Appellant: Venkata Chinnaya Respondent: Venkata RamayyaGaru Facts A lady transferred her property which consisted of certain lands to her daughter (defendant), by a deed of gift. Such deed was registered. One of the terms of the gift…

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marital rape

The definition of rape under Section 375 of IPC includes all forms of sexual assault involving nonconsensual intercourse with a woman. However, Exception 2 to Section 375 exempts unwilling sexual intercourse between a husband and a wife over fifteen years of age from Section 375’s definition of “rape” and thus immunizes such acts from prosecution.…

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REMEDIES FOR NUISANCE

If the court’s action is established for the defendant by the plaintiffs, the court may instruct the Court to guarantee damage depending on the severity of the Court. Pay damage in proportion to the first. This damage may include monetary compensation and material compensation.  INSTRUCTIONS If you are in the eyes of the law, the…

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The glass ceiling

“A 2011 McKinsey report noted that men are promoted based on potential, while women are promoted based on past accomplishments.” ― Sheryl Sandberg,   Being a woman is difficult. Not only in India but all around the world. Being treated as an equal in front of men is still a dream for many women. There is always a…

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NEGLIGENCE AND IT’S ELEMENTS

Negligence in law of tort means a tort committed by failure to act as a reasonable person to someone to whom he/she owes a duty, as required by law under the circumstances. Further, negligent torts are not deliberate, and there must be an injury resulting from the breach of the duty. Examples of negligent torts…

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Mutual Divorce

When both the partners, husband and wife, mutually decide that they cannot live together anymore and that the best solution for them is a divorce, they can present a mutual divorce petition jointly before the honorable court, without putting forth any allegations against one another. For example, if the partners are living separately for a…

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INDIAN LAWS CONCERNING NECROPHILIA

Does a person have any rights after their death? The answer is yes and were going to learn more on the same subject. ‘Necrophilia is derived from a ‘nekro’ (dead body) and ‘philia’ (attracted to / love) and is defined as a paraphilia whereby the perpetrator gets sexual pleasure while having sex with the dead. A…

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CORFU CHANNEL CASE

The Corfu Channel Case (United Kingdom of Great Britain and Northern Ireland-Albania) originated from events that happened in the Corfu Strait on October 22, 1946, when two British warships collided with mines in Albanian waters, causing severe damage and loss of life. The United Kingdom initially approached the United Nations Security Council, which suggested that…

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EVOLUTION OF THE TORT OF ASSAULT AND BATTERY

Assault was defined in the case of A.C Cama vs H.F Morgan   as “Any gesture calculated to excite in the party threatened a reasonable apprehension that the party threatening intends immediately to offer violence, or in the language of the Indian Penal Code, is ‘about to use criminal force’ to the person threatened, constitute, if coupled with a…

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