Introduction The word ‘Tort’ is a Latin term ‘Tortum’ which means ‘twisting out’, implying conduct which is twisted or unlawful. This term was used in due course of time in English Courts for those special wrongs which allowed action in tort to give remedies. Thus, it consists of those wrongs or unlawful acts which violate…
Every individual is inherent of rights to free movement from one place to another with consenting will over one’s corpus (body). Wrongful confinement occurs when the aforesaid rights are infringed with the person committing the same not having any lawful justification for the commission of the act. By the practice of wrongful confinement , a…
A trial, though not defined in the CrPC hereinafter mentioned as the Code, is commonly understood as the stage of the criminal justice process that begins after the charges have been filed. This process usually ends with either the acquittal or conviction of the accused. The code establishes the process, and the procedure of a…
As covid curbs loosens all over India and people are finally getting a sigh of relief , there stands another problem standing at the doors of the people and Government of India that is the Vaccination of population of 1.38 billon and expected to overtake China by 2030 . The vaccination drive started with a…
Introduction: I scratch your back, you scratch mine—how must these services relate in order to form a quid pro quo exchange? In a typical quid pro quo trade, each party promises to do their part in exchange for the other party doing theirs; each party’s readiness to perform is conditional on the other’s readiness to…
Powers provided by the act The Government of India Act, 1935, gave India a larger measure of autonomy and increased the proportion of Indians in higher Civil Services. As a result of this, the Public Service Commission also advanced in status and prestige. Its constitution and functions were laid down in the Act itself. This…
What if there is no living will? . In cases where there is no Advance Directive, the procedure and safeguards are to be same as applied to cases where Advance Directives are in existence, plus certain additional requirements. Doctor may inform the hospital which, in turn, shall constitute a Hospital Medical Board which shall discuss…
Previous Cases Related To Euthanasia . 1996- Supreme Court in Gian Kaur v State of Punjab held both euthanasia and assisted suicide not lawful in India. The Court held that the right to life under Article 21 of the Constitution does not include the right to die . 2011- In Aruna Ramchandra Shanbaug v Union…
What is ‘living will ’? The ‘living will’ is a person’s right to issue advance directive on the course of his/her treatment, including withdrawal of life support, should such a situation arise. PIL filed by NGO Common Cause in 2005 seeking robust system of certification for passive euthanasia and legal recognition for ‘living will’ in…
Section 84.7 Epilepsy, Epileptic Fits and Section 84- Epilepsy usually occurs from early infancy, though it may occur at any period of life. Individuals, who have had epileptic fits for years, do not necessarily show any mental aberration, but quite a few of them suffer from mental deterioration. Religiosity is a marked feature in the…
