by IJLMH | May 15, 2020
This article throws light upon the significance and implications of frustration of contract. It is an automatic involuntary extinction of the contract relieving both parties of their liabilities form the point of time of occurrence of that event. It also covers the conditions which are required for proving whether the contract is frustrated or not.
It also covers the specific grounds for frustration of contract such as destruction of subject matter, change of circumstances, non occurrence of contemplated events, death or inability of parties, government intervention etc.
Then it throws light upon various types of impossibility of contract including initial impossibility, supervening impossibility and subsequent impossibility.
It also covers the measures which can be taken to avoid making any contract frustrated.
A frustrated contract is valid until the time of the supervening event but is automatically ended thereafter, whereas a contract void on the grounds of mistake is a complete nullity form the beginning.
by IJLMH | May 15, 2020
Abortion has come to be claimed as a matter of women’s right, particularly, in disability-selective cases. While the Medical Termination of Pregnancy (MTP) Act, 1971 provides for instances where termination of pregnancy would be permissible, unsolicited termination of a foetus is a crime. This is an implicit recognition of an unborn child’s ‘right to life’ and those that flow therefrom, including the right to live with dignity. An unethical demand to permit abortion in disability-selective cases has been witnessed, claiming right to reproductive choice. It is posited that a woman does not have an unqualified right to abort her child, diagnosed with disability or not, regardless of recent developments in law conferring on her a right to privacy and to bodily integrity. Sufficient safeguards exist in the MTPA to keep unsolicited abortions in check. To prevent women from relying on quacks for abortion, the Union Cabinet recently approved the MTP (Amendment) Bill 2020 which seeks to raise the upper-limit of termination of pregnancy from 20 to 24 weeks. With regard to disability, the Parliament enacted the Rights of Persons with Disabilities Act, 2016 to confer socio-legal insurance on those with disabilities. The same should be read as protecting unborn children with disabilities in light of fundamental principle of non-exclusivity with respect to discrimination. Best interests of the child should govern the matter of abortion and a child’s ‘right to life’ should not be seen as conflicting with a woman’s right to reproductive choice. The mere seeking of an unqualified right to abort a child with disability can be said to be an attack on the dignity of disabled persons as it portrays disability as something undesirable. The society should refrain from seeking to prevent the birth of the specially-abled while the medical and legal professions work harder for their welfare.
by IJLMH | May 15, 2020
In the process to make quick money, moneymakers often neglect the simple interest of the customers. In doing so the buyers get a defective product and this led to legal injury. In such case there is a violation of a right of the customer and he is entitled to file a suit to claim damages. But, this process came to be expensive, time consuming and not friendly for claims of small amounts. Furthermore, these suits were decided and based on maxim “ibi jus ubiremedia” which means where there is a right, there is a remedy. A Law of Tort principle. In these decisions the man got remedy but after a long battle in court. In this background the legislatives realized the need of a special law particularly for the consumers to gain remedy in speedy way and in more effective, efficient manner. This paper is one made during the course study of law which goes through the history of laws available to buyers to get remedy and how with change in time the consumer got the remedy of civil suit and how there were deficiency in such remedy, leading to development of Consumer Protection Act in India.
by IJLMH | May 15, 2020
India is the world’s largest economy and world’s 4th largest consumer of energy with 1.4 billion populations. In 2014, the government of India came up with a new policy concerning energy that aimed to achieve “energy independence” by the year 2030. When a state can produce enough energy in terms of fuel and electricity to meet its demands, it is considered to have attained energy independence. The new policy objective is to conduct large-scale renewable energy auctions, promote access to oil and gas market for foreign investors and privatization of coal mining. Currently, India imports 80% of its total crude oil, 18% of its total gas and 23% of its total coal, which is expected to be double by 2040. International Energy Agency (IEA) has termed India’s plan to become energy independent by 2030 as a “very ambitious” and an “idealistic challenge”.
Although, in the year 2020, in partnership with NITI Aayog, IEA released an in-depth review of India’s energy policy. The report highlights the achievements of India’s energy policies and provides recommendations to support the government’s goals of promoting well-functioning energy markets and boosting the deployment of renewables.
India has ranked 9th in climate change performance index in 2019 and its composite score under sustainable development goals index have improved from 57 to 61. This is a big achievement by India but with the new policy it has a long way to go
by IJLMH | May 15, 2020
“I learned that courage was not the absence of fear, but the triumph over it. The brave man is not he who does not feel afraid, but he who conquers that fear”.
“Nelson Mandela”
Every generation comes with new hopes, energy, ideas, perceptions and awareness in to the world. At present around the world there is a new awareness among youngsters or students whether it’s about student activism, stand against violence, demand for rich economy or fair education system etc.
At present the world is facing the epidemic of drug abuse intensively. Where on one side medicine cure to almost every disease but other hand by overdose of such prescribed drugs leads to high death rate. Out of five, three persons die because of overdose of prescribed drugs.
According to WHO “3.3 million deaths take place because the use of drugs and around 11 million population injecting the drugs. Some 31 million people have drug use disorders”. Drug abuse push the youngsters towards crime in high ratio just because lack of factual knowledge about drug abuse. The need of luxurious life and every desire which convert into need in college campuses is one of the biggest reasons behind drug abuse. In this article author focused on the myth that youngsters have regarding drugs and highlighted the education system for the prevention of drug abuse.
Keywords: Drug abuse, Prescribed drugs, Preventive education.
by IJLMH | May 15, 2020
Modernization refers to the gradual development from a less advanced, crude form to a more advanced and highly developed form, occurring due to changes in technology and development of the education system. It is the process of adapting to modern needs and habits. This paper seeks to explain and provide an understanding into the modernization of patriarchy, right from its origin to its modern forms to new forms where patriarchy is inherently present in terms used by the society in everyday conversations. While this modernization might not be a need of the society at large, it certainly is the need for one section of society allowing the continuation of practices of the past where men dominate women and relegate them to an inferior position. Therefore, this paper seeks to answer the following questions:
• What is the meaning of patriarchy?
• How did patriarchy originate?
• Modernization in the forms of patriarchy.
• How are law and Patriarchy inter-related?
• Why the said modernization is a problem for the society at large?
While providing answers to the abovementioned questions the paper dives into the realms of household roles, movies and television shows, pornographic films, language stereotypes, and the legal world to show how patriarchy is inherently present in nearly every avenue of one’s life and influencing thinking in such a manner that one feels that continuance of the age old practice of women’s subjugation is the norm to be followed for continuity of society at large.
