The Law Of Torts

The Law of Torts is another branch of the Indian Law. Not just the Indian judiciary, but the legislation of several other countries have known this law being essential to being incorporated within a society. The categories of civil and criminal procedures have a sphere of crime and punishment, so the law of tort emerges when a misconduct in the eyes of law can’t stand a chance in either of the legal procedures, civil or criminal, namely.

There have been several debates over the implications of the law of torts, yet  there have been additions to it according to the changing times and the changing crimes. Widely the definition of torts carry the clause of “a civil wrong”, to be the base of a charge to be pressed upon under this law. This also stirs up the question that, if torts is a civil wrong then how to differentiate between a crime and a tort?

One of the main differences of a criminal case and a case of tort remains the remedial provisions. The criminal court passes a remedy or a verdict towards punishing an offender for the offense, while a  compensation is awarded in civil courts for a case of tort.  Another basic difference is that the crimes, punishable in criminal courts, are misconduct towards the society at large and the latter is a result of a private wrong committed. Many a times it also happens that a wrong can be considered under both the laws, for an instance the crime of negligence.

The next important thing to know about the law of torts is that this law is not codified and have no sections of charges, unlike the Indian Penal Code. The law of torts have maxims and generally are derived from the French and the Latin terminologies. In studying further, these maxims pose a factual relation with the cases dealt with under the definition of torts and each has a logical explanation making the law a flexible form of accessibility.

Each maxim applies to the liability that the conduct falls under and these liabilities decide the measure of the remedy. Simple liability, Vicarious liability and Strict liability are the classifications of liability and each impose remedies fit for the wrong doing.

Everything stated above is a briefing on how the maxim Ubi jus ibi remedium, every wrong has a remedy, proves right in our Legislature.

By Merrin Kuriakose

CO-PROTESTERS = SELF-SEEKERS?

In recent times, all media mediums are flooded with the news of farmers protesting against the passing of three Farm Bills by Lok Sabha and Rajya Sabha and marching towards the capital city from various places across the country. Numerous people grade it as a genuine protest to halt the final ratification of the bill due to some clause in it. The protest is taken on a serious note and farmers got successful in arranging a meeting with the officials and received support from opposition as well as many internationally acclaimed names.

The Right to protest peacefully is enshrined in the Indian Constitution—

Article 19(1)(a) guarantees the freedom of speech and expression; Article 19(1)(b) assures citizens the right to assemble peaceably and without arms.

Protest is a voice of an individual or a society which is raised towards those who create or leave the society as a whole to suffer. So protest is also important in society. But what if, someone who supports the protest are with malafide intention or deliberately spreading it further and causing a damage to public properties with a new division or a political angle.

“Propaganda is a monologue that is not looking for an answer, but an echo” – W.H. Auden

There are many personalities or “opportunists” who want to create havoc using such situations to destroy the roots of a nation and show how the country is incapable of rescuing their own public in tough times.

Why are they doing such a thing?

Creating a havoc for a protest where officials are ready to compromise upto an extent but inspite of all this the fire is likely to spread more, this itself is suspicious.

Many names came to the bucket, of which the information included the funding from outside our country.

Are they benefitted doing such questionable acts?

Spreading widespread disturbance is the first step of their intention, the main agitprop is still a riddle. Many theories and conspiracies are presently circulated, which are getting enough voice of favor and against.

But it’s just a prospective, that also have a potential possibility. Not necessary that all co-protester are with malafide intention, but a way to be given a thought about.

After all the good or bad things within limits are acceptable.

By:-Siddharth Menon

The Religious Connote

We all have a belief system and we choose to worship a superior faith of ours. Many have a hope of salvation by a higher power and still others continue doing their own deeds and fight their own demons. All of these are different narrations to the way of life. One such narrative is Religion.

Every religion has one thing in common and that is the base of cultural values and behaviour it tries to build among people who choose to follow. The sanctity of a thought as this, is now used as a reason for many wrongs caused and has created divisions.

Just like religion, caste is another framing factor in many cases reported. Several cases reported across India has not seen the light of the day due to strength of a culprit’s surname or the power a community behind them possesses. Even if it does, the stance is of merit. If a crime is committed, the only consideration should be of the offence, the motive, the grievance and the way of justice for a victim. No name or fame should back a miscreant and that is what the law stands for. Being a responsible part of the society and law making, media must be well aware of the consequences of their service.

This isn’t a new trend but has existed for long and have shown a wrong inclination on a community that an offender belongs to, it also includes statistics that might show the difference of crime rates pertaining to communities; what they forget to mention is the fact that an instance where the law has been broken or was held in wrong hands.

The acceptable notion changes, there builds up a sense of tension among the diversified crowd and intolerance increases. This also overshadows a victim and the suffrage they had to face. In most cases, the grievances are oppressed due to the debate over how justified the crime is due to the religion they belong to, and how that has set the minds with the less privileged ones making it immaculate for the offenders to get away.

It is to be rightly stated that it’s high time that each one of us put a criterion that serves as a veil towards justice and truth, behind us.

By :- Merrin Kuriakose

WHY DO WE JUDGE?

“I HATE YOU”, “I DISLIKE YOU” we all have heard these words or we might as well have used them some or the other day. We usually say it to a person whom we may have got into a fight with or to a person whom we don’t share a good relationship with and are not in good terms with.

But the main question arises here is, if we don’t like someone or we hate someone does it necessarily mean they are senseless or that they are not logical enough? why do we judge others on the basis of our dislike for them or hatred?

Let me tell you that we all do this and it’s a human nature. A legend has rightly stated, “First impression is the last impression”, and we also judge through their attitude and behavior. We always think about a person we have a bad opinion about or pose a bad angle to their gestures, rather than picking up the positive points.

We tend to think in one direction, instead we must try broadening our mindset or the way we think, like the stereotype. Let me explain it to you with a very common example- What comes first in our mind while we hear “Pakistan”, don’t we side with a bit of negativity? We judge all of them, no matter if we know them or not.

Another instance would be talking about the ever-growing mass in various digital platforms, if a person supposedly does something we dread to or even talks in a way that might not favor us, the first thought is either of disagreement or a complete dislike. How is it justified?

Now we know why we judge but is this right? Are our presumptions, right?

These are our opinions and we have a right to put forward our opinions but at least we could form an opinion after a complete research.

If we hate a person or dislike a person, we should try listening to them, what their opinions are, what do they have to put forward because if our opinions matter so do theirs, we should respect that. we should always keep our thinking broad not narrow.

And yes, we can judge a person over how they present themselves or how they communicate as it’s the key to a probable relationship in the future and there is nothing wrong in it but not from the past since it has already been dealt with why to keep their past deeds as base and judge them for the future.

BY :- MOHIT AMARNANI

The Right Thing To Do

“The person had the audacity to hit me! I’ve had this enough. Each day is gruesome. You treat me worse than a dog. I have done everything for you and this is how you pay me back.”

When the ‘man of the house’ left his apartment, sobbing, the chaos that followed gasped, sighed and grinned. They chattered, “He should man up and show her who is the master.”

Why did the first dialogue strike a narrative of a helpless woman and a disloyal man? Have we normalized crimes and brutality to be synonymous to the masculine gender? Has every resentment being questioned, spot an acceptable notion? Have we felt that a woman should be taught discipline by a man? The society and it’s sketching of what is suitable for a man and a woman is ruining our capability as a human being.

“Owns a business, earns a fortune , recently bought a luxurious apartment; all of this as a youth.”

 “Her parents brought her up as a worthy leader.”

How did success and aspiration find a gender narration. The “bossy”, the “difficult“ tags are still here and are associated with women till date. There are so many more of these definitions which has given a different outlook to the feminine gender qualities. But none of it puts them on a pedestal, instead pulls them down harder.

There is no question about how these allowable phrases came into use. Every act recorded or known to human fueled the evolution of our thought process and the same led to serious generalizations not just among the sexes but also about the basic characteristics. Since the change in the gender manual acceptable to the society’s perceptions is getting complicated, the gender fluidity and many more inclusive and growing concepts have more troubles of a rigid mentality to face.

Will we ever see a change? Will the chains of patriarchy and traditional approach towards each of us be broken?

The answer is in perseverance. Continuous fight for what seems to be right and acceptable should ensure our freedom to see the bigger, clearer picture.

By Merrin Kuriakose

TERMS AND CONDITIONS APLLIED*

These are the words which are quite familiar to us, we read it many a time while acquiring goods or service. This is the legal agreement between the provider and a person who wants to access that good or service. The person must agree to follow the terms and condition in order to use the goods or services offered. They are pivotal for protecting both the parties from potential liabilities, but they regularly contain legally mandated information such as user’s rights, withdrawal or cancellation disclosures.

These are all the general things which we know but something which secluded to it is its origin. It is no where mentioned clearly. Even no search engines have anything related to its beginning.

If we think about its origin its not that hard to crack, It just shows a limit of provider’s liability to a thing he offered, many case may have occurred before its origin where providers or customer were completely liable, that might be the reason for its beginning.

Giving it a thought, we see terms and conditions are everywhere other than seeing a business angle to it, where humans exist .We tend to have terms and conditions with many. It may sound weird but its true. We often describe love as ‘Unconditional’ , nowadays even many of relations also run with terms and conditions.

It is surely good concept which people should adhere but why is it neccessary for every thing , Some business use this Terms and conditions as a way to promote their service or an offer with high level of boasting which people fall to it without reading those Terms and Condition in small fonts.

Why is it small as compared to other fonts in an offer paper or a brochure? Here  website is an exemption because there can’t be such sort of manipulation, but a different type of. Actually ,the legal font size for terms and conditions is 12 point. For terms and conditions to be admissible in court, they must be reasonably legible. But what if it is mentioned where it is not naked to the eyes.

What are your thoughts on it, comment below.

By :- Siddharth Menon

The “un”Common Law

Legislation is a part and parcel of our lives. The law is described as a logic by the ones who take interest in it and is feared by the ones who want to escape it. The law has evolved with time and has adapted to the changing scenarios of the society, time and again. Yet the spell we are bound with, safeguarding us day and night is quite alien to us. Just being updated is not enough, knowing what law might be helpful in a situation we’re in or knowing the next plausible step is an onus. 

To start with, we must know our law is divided into two branches- Substantive law and Procedural law. While both of these branches hold significance for ensuring law and order, the further classifications talk about the inferences. Substantive law determines the offence, the claims or charges registered, the basis of the case and this is derived from Common laws and other categories of our Indian Law.

Though the word states it to be common, how common is our Common law? What do we know about it?

Common law is one of the oldest regulative law in India’s legal system. It is basically the judicial power exercised by a judge along with the legal provisions and sections implied in a case. This law tends to be implied on cases with circumstantial basis matching a previous case sorted with similar prudence, these are thus drawn from case laws and are enforced through a judge’s statement while passing of a judgement. A couple of examples of common laws that India has notably set a principle with can be listed respectively. 

A common corporate clause practiced among all private firms of individuality of a company after the receipt of “certificate of incorporation”, was an added principle to settle feuds under the instigation of The Corporate Law. It was an allowed defence in context with numerous experiences of decision making. 

Another example being the judgements passed by judges over various marriages scrutinized under the Special Marriage Act 1954 of India were settled through practices allowed over the past case laws and the verdict passed therein. A fair practice with allowing one case that subjugated a judgement passed in favor to be derived in resort. 

Many cases where the statutes applied can still be an example of common law since it depends upon the judgement passed by judges about the grounds of a case. This requires lot of knowledge about cases and a ton of researches on the subject and the practicality of a case debated. Thus the existence of common law helps the procedural form of judgements to be passed with reference to other credentials in the matter.

By – Merrin Kuriakose

How to think big?

Taking you back to your childhood. Imagine how the thought process of a child works they’re, the realest and the purest people in the world who don’t even know the meaning of the words like jealousy, hatred, harm, dislike. They just mind their own business and spread love, adore everyone who adores them. Then what happens to a child growing up? Why can’t we be the same person as we were as a child?

Well, there are two ways to look up to this, first is the practical one as everyone around us says even our parents, to look for yourself and your own family first. But don’t you feel that it’s a bit selfish, why aren’t we taught to grow together and look after others too despite ourselves. The saying that “charity starts at home” is the most rubbish thing ever said. I believe charity starts in your heart. The very thought of serving others is halfway to doing it. Every child should be taught to build this nature, not to read-only in moral studies but to have an eligibility criteria for a human being. After all, at the end, these are the things that matter, At your death bed nobody’s going to come to you and say that you had wonderful dresses, extravagant shoes. Materialistic things has no value in life people care about what kind of a human being you were!

Imagine a world where people find means to help each other out not just to bring you down. After all, nobody is born evil they learn to become one. With this thought, I’ll read you something pretty: people are unreasonable, illogical, and self-centred; love them anyway. If you do good, people will accuse you of being selfish, having alternative motives, do good anyway. The biggest people with the biggest ideas can be shut down by the smallest people with the smallest minds, think big anyway. What you spend years building may be destroyed overnight, build anyway. Give the world the best you have and you’ll be kicked into defeat, give the world the best you’ve got anyway. It takes courage to be a good person, so be it anyway!!

By :- Ayushi Bader

SORRY- A Feeling Or An Opportunity

Sorry a term accepted worldwide or I can say a frequently used term by the people all over the world.

Why do we say a sorry ? Because we commit a mistake or we do something wrong, so, for when we realize the mistake, we say a sorry. But the question that arises is, do we really mean when we say a sorry or do we say it out of a habit, a pointless admission?

Sorry is a feeling which surfaces and we say it to out loud to our closest ones may it be our friends, our relatives, our parents. And sorry is a belief of not repeating the same mistakes again.

Lately gesticulations have changed, people commit a mistake and say they are sorry and think everything is fine and repeat the same mistake again because they know a sorry will make it all right again.

Has sorry become an opportunity to commit the same mistakes again or is it genuinely said?

For an Instance, a person committing a murder might later admit to it and apologize, is this justified? If it were to be justified, why do we even have laws that regulate us our actions and their consequences? Because if a sorry were to make everything get back to normal, there was no need for a Constitution. That’s why it can’t be emphasised harder that, people take the term, “Sorry, for granted and use it whenever they want.

We believe that people who accept their mistakes are good people but a person who forgives the person at fault is rather a great person. But a person must realize which mistakes should be forgiven and which mistakes should be punished? Take for an example, if a person who disrespects an elder can be forgiven but a person committing a crime gruesome as a murder or a robbery should not be forgiven but punished.

A person should understand the difference of a mistake and the meaning of a crime committed. A mistake could be out of a sheer uncertainty or circumstantial. But a crime committed has a motive or has a tragic end to it. Such an act if left unpunished may result into unforeseen situations. To avoid those we must know an act worthy of forgiveness and an act worthy of retribution.

No one can take the word Sorry for granted as the word sorry has its own gestures, has its own belief, it’s own representation, nobody has got the right to disrespect someone’s feelings or their forgiveness shouldn’t be inferred further leading to commit the same mistake again.

Without a doubt a person who commits a mistake has the right to get another opportunity but the person must realize the value of the person who forgives.

By :- Mohit Amarnani

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