Monthly Archives: August 2015

Factors To Be Cautious About When Doing Legal Translations

Legal translation describes the art of interpretation of law from one language to another. It is all about translation of texts in the legal arena, keeping in mind the legal framework of the country one is working for. A great bit of legal translation should have the ability to bridge the gap, as much as possible, between the ‘ideal’ and the ‘real ‘. Legal translation is really a challenging task, which requires careful handling of legal nuances.

In this growing era of corporate communications, business houses, governments in addition to ordinary individuals have to bank upon accurate translation services, court documents and legal documentation to safeguard and promote their respective interests. A piece of legal translation can alter the fate of a certain legal case. Unlike popular belief, only writing handwritten notes or plainly recording the voice doesn’t ensure good legal translations. So, to make sure client satisfaction, amateur legal translators need to remember certain cardinal points, which are absolutely necessary when doing any type of legal translation.

I. Clarity is the key word that one needs to remember while doing legal translation. Lucid translation of the legal text can be an imperative when doing legal translations. To be able to avoid mistranslation you ought to consult the concerned parties if and when required. The work of a legal translator entails comprehending the meaning and context of a certain legal document and then conveying it in a certain legal language. Underneath line is to express the crux of the situation in an easily understandable format.

II. While doing a legal translation, stylistic differences should be studied care of. The translator must certainly be well equipped to take care of repetitive terms in English that essentially have exactly the same meaning. Consulting translation memories, legal dictionaries and terminologies may go a considerable ways in removing ambiguity and ensuring consistency over the wide range of projects.

III. In a few countries, legal translation services require certification to be able to ensure accuracy. Translators should keep in mind these country specific demands to make sure client certification. Translators also need to look after confidentiality dilemma of a certain legal document.

IV. The legal texts of a country are an embodiment of the customs and rituals of the country it represents. Regulations of a country are replete with the traditions and social context. In the event of any confusion a translator must consult a legal dictionary and carefully choose a suitable word.

V. Legal translation services aren’t informal processes. Rather, it demands vital commitment and appropriate understanding of the main translator. So, while translating the names of people, places and other activities unfamiliar to the culture of language, the translator should really be very vigilant with proper spelling and chronology. It can also be true about other important data like dates, numbers etc.

Excelling in the field of legal translation services is not a cakewalk. It needs technical skills to accomplish fluency in this field. In summary, legal translators should really be competent enough to generally meet the goals of churning out clear and readable documents. With experience, proficiency and determination one can easily achieve this goal. Amateur translators dabbling in legal translation should keep in mind the points outlined above to save lots of their clients from unnecessary harassments, lawsuits and loss of money.

Experienced Family Lawyer in Sydney CBD for Legal Advice on Your Rights and Obligations

Trust, commitment and love are the important words that are always in priority and of course the base of any relationship. A family is also depending on these main pillars and if any of the pillars weakens, it may result in an end. It results in separation and then divorce. Situation becomes critical especially when there are children involved. In that case, whether you are going to file a case or want to make your matter in court stronger, what is the first and important thing is the selection of right and experienced family lawyer as he/she provides not only professional legal advice on your rights and obligations, but also guidance for the duration of this difficult period.

Professional lawyers work with the motive of minimizing antagonism and financial burden by simply assisting you reach a good-natured agreement with your ex-partner as quickly as possible. They also take special care to ensure that the best interests of the children are placed first. Not forget to mention the main point as both parties (in majority of cases) try to settle out of the court. Professional lawyers provide you a gamut of services and support in all matters related to family laws that include divorce and separation, property settlement, child support, child custody, de facto relationships, domestic violence and AVOs, financial agreements, family law court representation, family law mediation, spousal maintenance or support and same sex couples.

In addition, these professionals have extensive experience in negotiating with ex-partners to attempt to reach an amicable agreement without the pain and expenses that can arise from a lengthy court battle. In case, one is unable to reach an agreement outside the courtroom, these professional lawyers, give a home assessment of what they believe will be probable result of court case and the predictable legal costs.

Search for the Right Law Firm or Independent Family Lawyer in Sydney CBD

It is easy and hassle-free to search for the right and reputed law firm or an independent family lawyer in Sydney CBD. Today, there are numerous renowned firms and independent lawyers are practicing in different cities and regions in Australia. They are offering the best solutions and suggestions to file your case or for court hearings and defendants. In case you are going to file a case or you need help for court hearing, you will get the best solutions from the selected one as per your requirement and choice.

Some professional and reputed law firms and independent lawyers have started offering their services online. You have to choose the best one according to your choice and requirement. These service providers leave no stone unturned in any kind of support you need.

There is a lot more provided by these lawyers in Sydney. Their main motive is to ensure better decision and expected outcome. As far as their fee and charges are concerned, they depend on various points. However, they will go well your budget and fulfill your requirement.

Feel free to visit the site of any famous lawyer or a reputed law firm and leave rest of the work on experts there.

K2 Legality

Even though K2 products do not contain any controlled substances, many states have already adopted legislation making the same laws that apply to marijuana or other controlled substances also apply to K2 products. Those states that have adopted legislation making K2 illegal are Kansas, the first state to ban K2, Iowa, Missouri, Arkansas, Kentucky, Alabama, Michigan, and Illinois (K2 will remain legal in that state until the end of 2010.) So, this means that in the other 42 states, K2 is still legal.

Many people question why K2 legality should even be an issue. After all, as has already been mentioned, there are no controlled substances in K2 like there are in marijuana and other drugs that are considered illegal. Except for those K2 products which do have synthetic chemicals added to them, the herbs and botanicals found in them are natural.

The herbs are the same as those cultivated for use in a home or restaurant kitchen, or that grow wild. The same holds for the botanicals-which is just a “dressed-up” word for plant parts. The plants that are chosen to be combined with the herbs grow naturally indifferent parts of the country or the world.

It is known that some herbs and plants have medicinal properties, and some do contain natural substances that may have an effect on some people. For example, an herb with the very descriptive common name of “Horny Goat Weed” comes from China. Its real name is Epimedium. The Chinese have long believed this plant has aphrodisiac properties. One type of K2 product, Solid Sex, has this plant in it, along with herbs and other plants.

Another thing that may have some people wondering about the K2 legality issue is the intended use for K2 products. K2 manufacturers make K2 products for use as incense. The products are intended to be used in incense and potpourri burners or otherwise heated in a safe manner until the aroma and essences of the herbs and botanicals can be detected.

Now, it is true that heating K2 incense products will also release any synthetic chemicals that were added to the natural herbs and botanicals. And, some people maybe affected by these chemicals. However, they may also feel the effects of any natural essences that can be found in certain plants, such as Horny Goat Weed.

Perhaps the best way to approach K2 legality issues is by doing so the same way that any issues would be considered. If K2 has been made illegal in your state, but you still wish to use it then you will have to think about whether the risk of being caught inpossession of K2 incense will be worth it.

If you live in one of the states that have made K2 smoke illegal, you probably know you canorder it online from the privacy of your own home. If you buy k2 and only use when you are in the privacy of your home or at someone’s home to which you have been invited, and do not go out in public if you are feeling any effects until they have completely worn off, you should not have any problems.

In those states where it is still legal to purchase, possess, sell, distribute, and use k2 incense, then you know that not only can you purchase it online, you can also buy it incertain retail outlets. That’s because it’s an incense product, just like the incense you buy at other places. You should still, however, only use K2 incense at the right time (when you have taken care of all obligations and responsibilities) and in the right way (as incense only.) Again, if it does affect you, you should not drive or operate heavy machinery, and you should remain where you are until all effects have worn off.

when does an agreement become a contract?

A contract is an agreement which gives rise to obligations which are recognized by law. Thus, the course of dealings between the contracting parties would be governed by stipulations contained in the agreement which is enforceable if it is not repugnant to law of the land.

Anson- A contract is an agreement enforceable at law made between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the other or others.

Fredrick Polllock- Every agreement and promises enforceable by law is a contract.

Salmond- Contract is an agreement, creating and defining obligations between the parties.

Section 2(h) of Indian Contract Act 1872 defines-

An agreement enforceable by law is a contract.

Section 10 of Indian Contract Act 1872 defines-

An agreement is a contract when it made for some consideration, between parties who are competent, with their free consent and for a lawful object.

The analysis of above definitions- A contract is an agreement the object of which is to create an obligation i.e. a duty enforceable by law. For example – if there is an agreement between A and B that A will make a furniture for B, and B will pay a Rs 1,000/ to A, the agreement is a contract.

Section 10 defines a valid contract-

1.     All agreements are contract which are made by the-

2.     Free consent of parties.

3.     Competent to contract.

4.     A lawful consideration.

5.     With a lawful object.

Thus every contract is an agreement, but every agreement is not a contract.  An agreement becomes a contract when it fulfills the following conditions:

  1. 1. Consideration.
  2. 2. Competent parties to contract.
  3. 3. Free consent.
  4. 4. Lawful object.

There are some agreements which literally satisfy the requirements of a contract, such as proposal, acceptance, consideration etc. but which do not catch its sprit and they are not enforced because it does not sound to be reasonable to do so.

Constituent Element of Agreement:

  1. Several parties- There must be two or more parties to initiate a contract. Where one who has to discharge the obligation and the other entitled to enforce the obligations.

For example- A borrowed money from a joint account in which A & B are the owner. Here the obligation was not enforceable since A was both the creditor and debtor.

  1. Obligation– Obligation is the prime constituent, where one person agrees to do or obtains from doing a definite act or acts. It is the bond of legal necessity which binds together two or more parties.  It is also necessary the obligation must be definite acts, otherwise there may be uncertainty or indefiniteness about the obligations, and it may be possible that if one has to be under an obligation to do or abstain from doing acts for all the time, it would similar like slavery.
  2. Identity of Mind– Both parties must be agreed on the subject matter at the same time and at the same manner.
  3. Mutual Communication-Law does not go into the mind of the contracting parties but recognizes what is expressed in writing. Till such time there is complete understanding on the terms and there is communications in this respect, there can be no agreement in law.
  4. Legal Relationship-it is also most important there must be some legal relationship than the social relationship.

Contract Law – Its Importance in the World Today

Our society depends upon free exchange in the marketplace at every stage. The interactions in the market all the times depend upon voluntary agreements between individuals or other “legal persons”. Such voluntary agreements can never become binding without a legal contract.

The origin of the contract law can be traced from the development of common law and it is also alleged to be an offspring of tort law, as both contracts and torts give rise to obligations. The difference between them lies in the fact that the tort obligations are imposed by law; on the other hand contracts are a medium through which people willingly create commitment between themselves.

Contract law is based on a number of Latin legal principles, out of which consensus ad idem is the most important, which means a meeting of the minds between the parties i.e. an agreement among them. It is said to be a part of “private law” because it does not bind the state or persons that are not parties to the contract. Thus, contracts are voluntary and require an “exercise of the will of the parties”. But not all agreements are contracts e.g. Non-business agreements, religious agreement, or charitable agreements etc.

A contract an agreement between two or more persons, creating an obligation upon them to fulfill or not to fulfill some duties laid down specifically in the agreement. This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then stringent action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer, acceptance, consideration and an intention to create legal relations. Contracts can be written, oral, or implied also. Generally the parties to a written contract comprehend that they have entered into a binding agreement, but they do not always grasp this point when making an oral or implied contract. It is always difficult to prove the terms of an oral or implied contract than those of a written one.

There are many important points that have to be kept in mind while forming a valid contract; after making the offer to the promisee, the contract will be formed when the promisee communicates his acceptance to the contract. The person making the offer is free to withdraw the same before the acceptance of the offer. Once the agreement is made, the following clauses should be present in the same.

1. There should be some consideration offered for the agreement.
2. The parties should be competent to contract.
3. The consent to the agreement should be free.
4. The object of the agreement should be lawful.

Consideration

This is one of the important aspects which is necessary for a party to enter into a contract. This is the return which a person gets for performing the obligations of the contract. This needs to be of some value but it is not necessary that it should be specified in the contract. An agreement made without consideration is void.
Persons competent to contract.

All persons are legally authorized to enter into a contract except for the following:
• Minors, who are above 18 years of age and when a guardian is appointed for them the age is increased to 21 years.
• Mentally incompetent persons.
• Person who is ineligible from entering into the contract by law.

Companies have a separate legal entity to enter into contracts through the acts of their agents, officers and workers.

Consent to the contract

Unless the consent of the contract is obtained through, coercion, undue influence, fraud, misrepresentation or mistake, it is presumed that the consent is free.

Relief given to the aggrieved party
Generally the party who has suffered due to the breach of contract of the other can claim money damages that will put the non-breaching party in the position it would be in, if the contract had been performed. In some cases the court may order the breaching party to perform its obligations.

The aim of the law of damages is to place the plaintiff in the same position that he would have been, had the breach not occurred. The parties to a contract may determine the damages beforehand which are called liquidated damages and can be recovered. In this case the sum of money should not exceed the amount already specified. But in the case when there are no predetermined damages then the person can claim the whole amount.

Essentials of a contract agreement

The contract should contain certain clauses without which the agreement will be incomplete.
• A detailed description of the duties and obligations of the parties should be stated to avoid ambiguity at a later stage.
• Representations concerning warranties should be present in the contract
• Confidentiality clauses should be present to ensure that the parties keep any information which comes into the possession, due to the contract, confidential.
• The force majeure clause which generally provides that no party will be liable for non-performance arising out of an event of force majeure i.e. war, aggression, epidemic should also be present.
• The term should also be specified in the agreement.
• The events on the occurrence of which the contract will be terminated should also be specified. This clause also describes the methods of giving notice, and whether the breaching party must be given a chance to cure the breach.
• The relief available to the other party on the breach by one party should also be stated. This would also include liquidated damages.
• An arbitration clause should also be inserted to settle the disputes through arbitration rather than court litigation.
• In international contracts, it is important to state the jurisdiction and the applicable law governing the contract.

Once these conditions are incorporated in a contract it will be easier for the parties to enforce them and claim their rights.

Is Narco Analysis a Reliable Science? – the Present Legal Scenario in India

Introduction & History-

The term Narco-Analysis is derived from the Greek word nark? (meaning “anesthesia” or “torpor”) and is used to describe a diagnostic and psychotherapeutic technique that uses psychotropic drugs, particularly barbiturates, to induce a stupor in which mental elements with strong associated affects come to the surface, where they can be exploited by the therapist. The term narco-analysis was coined by Horseley. Narco analysis first reached the mainstream in 1922, when Robert House, a Texas obstetrician used the drug scopolamine on two prisoners.

The search for effective aids to interrogation is probably as old as man’s need to obtain information from an uncooperative source and as persistent as his impatience to shortcut any tortuous path. In the annals of police investigation, physical coercion has at times been substituted for painstaking and time consuming inquiry in the belief that direct methods produce quick results. Development of new tools of investigation has led to the emergence of scientific tools of interrogation like the narco analysis test. Such tests are a result of advances in science but they often raise doubts regarding basic human rights and also about their reliability. Legal questions are raised about their validity with some upholding its validity in the light of legal principles and others rejecting it as a blatant violation of constitutional provisions.

A Brief Outline of The Narco Analysis Test-

The narco analysis test is conducted by mixing 3 grams of Sodium Pentothal or Sodium Amytal dissolved in 3000 ml of distilled water. Narco Test refers to the practice of administering barbiturates or certain other chemical substances, most often Pentothal Sodium, to lower a subject’s inhibitions, in the hope that the subject will more freely share information and feelings. A person is able to lie by using his imagination. In the narco Analysis Test, the subject’s inhibitions are lowered by interfering with his nervous system at the molecular level. In this state, it becomes difficult though not impossible for him to lie .In such sleep-like state efforts are made to obtain “probative truth” about the crime. Experts inject a subject with hypnotics like Sodium Pentothal or Sodium Amytal under the controlled circumstances of the laboratory. The dose is dependent on the person’s sex, age, health and physical condition. The subject which is put in a state of Hypnotism is not in a position to speak up on his own but can answer specific but simple questions after giving some suggestions. The subject is not in a position to speak up on his own but can answer specific but simple questions. The answers are believed to be spontaneous as a semi-conscious person is unable to manipulate the answers.

Wrong dose can send the subject into coma or even result in death. The rate of administration is controlled to drive the accused slowly into a hypnotic trance. The effect of the bio-molecules on the bio-activity of an individual is evident as the drug depresses the central nervous system, lowers blood pressure and slows the heart rate, putting the subject into a hypnotic trance resulting in a lack of inhibition. The subject is then interrogated by the investigating agencies in the presence of the doctors. The revelations made during this stage are recorded both in video and audio cassettes. The report prepared by the experts is what is used in the process of collecting evidence. This procedure is conducted in government hospitals after a court order is passed instructing the doctors or hospital authorities to conduct the test. Personal consent of the subject is also required.

Other associated truth finding tests-

Apart from narco test there are also other two kinds of tests which are popularly used on the convict for extraction of truth, these are-

I. Polygraph or lie Detection Test:

It is an examination, which is based on an assumption that there is an interaction between the mind and body and is conducted by various components or the sensors of a polygraph machine, which are attached to the body of the person who is interrogated by the expert. The machine records the blood pressure, pulse rate and respiration and muscle movements. Polygraph test is conducted in three phases- a pretest interview, chart recording and diagnosis. It was Keeler who further refined the polygraph machine by adding a Psycho-galvanometer to record the electrical resistance of the skin.

II. P300 or the Brain Mapping Test:

This test was developed and patented in 1995 by neurologist Dr. Lawrence A. Farwell, Director and Chief Scientist “Brain Wave Science”, IOWA. In this method, called the “Brain-wave finger printing”; the accused is first interviewed and interrogated to find out whether he is concealing any information. Then sensors are attached to the subject’s head and the person is seated before a computer monitor. He is then shown certain images or made to hear certain sounds. The sensors monitor electrical activity in the brain and register P300 waves, which are generated only if the subject has connection with the stimulus i.e. picture or sound. The subject is not asked any questions here. In USA, the FBI has been making use of “Brain mapping technique” to convict criminals.

Legal aspects of Narco Analysis-

Such tests generally don’t have legal validity as confessions made by a semi-conscious person are not admissible in court. The court may, however, grant limited admissibility after considering the circumstances under which the test was obtained. In the main, these tests can only assist police investigations. A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries.

But the other view regarding the legal validity of narco analysis test is that it is used as an aid for collecting evidence and helps in investigation and thus does not amount to testimonial compulsion. Thus it does not violate the constitutional provision regarding protection against self-incrimination.

Narco Analysis in India-

A few democratic countries, India most notably, still continue to use narco analysis. This has come under increasing criticism from the public and the media in that country. Narco analysis is not openly permitted for investigative purposes in most developed and/or democratic countries. In India, the narco analysis test is done by a team comprising of an anesthesiologist, a psychiatrist, a clinical/ forensic psychologist, an audio-videographer, and supporting nursing staff. The forensic psychologist will prepare the report about the revelations, which will be accompanied by a compact disc of audio-video recordings. The strength of the revelations, if necessary, is further verified by subjecting the person to polygraph and brain mapping tests.

Narco analysis is steadily being mainstreamed into investigations, court hearings, and laboratories in India. However, it raises serious scientific, legal, and ethical questions. These need to be addressed urgently before the practice spreads further. Narco analysis has become an increasingly, perhaps alarmingly, common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep-like state with the aid of barbiturates or other drugs. In a spate of high profile cases, such as those of the Nithari killers and the Mumbai train blasts, suspects have been whisked away to undergo an interview drugged with the barbiturate sodium pentothal.

Narco Analysis from Constitutional & Legal Stand Point-

The main provision regarding crime investigation and trial in the Indian Constitution is Art. 20(3). It deals with the privilege against self-incrimination. It has its equivalents in the Magna Carta and the law of almost every civilized country. The privilege against `self incrimination is a fundamental canon of Common law criminal jurisprudence.
The characteristic features of this principle are-

-The accused is presumed to be innocent,

-That it is for the prosecution to establish his guilt, and

-That the accused need not make any statement against his will.

-These propositions emanate from an apprehension that if compulsory examination of an accused were to be permitted then force and torture may be used against him to entrap him into fatal contradictions. The privilege against self-incrimination thus enables the maintenance of human privacy and observance of civilized standards in the enforcement of criminal justice.

Art. 20(3) which embody this privilege reads, “No person accused of any offence shall be compelled to be a witness against himself”.

On analysis, this provision will be found to contain the following components:

-It is a right available to a person “accused of an offence”;

-It is a protection against such “compulsion” “to be a witness”;

-It is a protection against such “compulsion” resulting in his giving evidence against himself.

All the three ingredients must necessarily coexist before the protection of Art

20(3) can be claimed. If any of these ingredients is missing, Art. 20(3) cannot be invoked.

The application of narco analysis test involves the fundamental question pertaining to judicial matters and also to Human Rights. The legal position of applying this technique as an investigative aid raises genuine issues like encroachment of an individual’s rights, liberties and freedom.

Section 45 of the Indian Evidence Act, 1872 does allow experts’ opinions in certain cases.

However this section is silent on other aspects of forensic evidence that can be admissible in court in criminal proceedings.

The right against forced self-incrimination, widely known as the Right to Silence is enshrined in the Code of Criminal Procedure (CrPC) and the Indian Constitution.

In the CrPC, the legislature has guarded a citizen’s right against self-incrimination.

It is well established that the Right to Silence has been granted to the accused by virtue of the pronouncement in the case of Nandini Sathpathy vs P.L.Dani, no one can forcibly extract statements from the accused, who has the right to keep silent during the course of interrogation (investigation). By the administration of these tests, forcible intrusion into one’s mind is being restored to, thereby nullifying the validity and legitimacy of the Right to Silence.

Some Notable Events & Cases of Narco Analysis in India-

I. In a 2006 judgment (Dinesh Dalmia v State), the Madras High Court held that subjecting an accused to narco analysis is not tantamount to testimony by compulsion. The court said about the accused: “he may be taken to the laboratory for such tests against his will, but the revelation during such tests is quite voluntary.”

II. In 2004, the Bombay High Court ruled in the multi-crore-rupee fake stamp paper case that subjecting an accused to certain tests like narcoanalysis does not violate the fundamental right against self-incrimination. Article 20(3) of the Constitution guarantees this: “No person accused of any offence shall be compelled to be a witness against himself.” Statements made under narco analysis are not admissible in evidence.

III. In January 24th, 2008, a bench of Chief Justice K.G. Balakrishnan reserved its ruling after hearing arguments for three days from various parties, including Solicitor General Goolam E. Vahanvati and senior advocate Dushyant Dave, appointed by the bench as amicus curiae to assist the court in the case.

Telgi and his accomplices are facing probe by various states’ police and other investigative agencies for their alleged criminal acts.

These accused people have challenged the legality of the use polygraph, brain mapping and narco-analysis by the investigative agencies to probe the crime.

IV. The Bombay High Court recently in a significant verdict in the case of, Ramchandra Reddy and Ors. v. State of Maharashtra, upheld the legality of the use of P300 or Brain finger-printing, lie-detector test and the use of truth serum or narco analysis. The court upheld a special court order given by the special court in Pune as mentioned above, allowing the SIT to conduct scientific tests on the accused in the fake stamp paper scam including the main accused, Abdul Karim Telgi. The verdict also said that the evidence procured under the effect of truth serum is also admissible. In the course of the judgment, a distinction was drawn between “statement” (made before a police officer) and “testimony” (made under oath in court). The Judges, Justice Palshikar and Justice Kakade, said that the lie-detector and the brain mapping tests did not involve any “statement” being made and the statement made under narco analysis was not admissible in evidence during trial. The judgment also held that these tests involve “minimal bodily harm”.

V. A court in Kerala recently pronounced that no court order is required to do a narco analysis, Disposing of a petition filed by the CBI seeking permission of the court, the magistrate said that filing this type of a plea would only delay the investigation. The court said nobody could stand in the way of the investigating agency conducting tests recognized as effective investigation tools. When the technicalities of the test itself are not clear and uniform, it becomes difficult to accept the stand taken by the court.

The Degree of Admission of These Truth Finding Tests in Court-

Lawyers are divided on whether the results of Narco Analysis and P300 tests are admissible as evidence in courts. “Confessions made by a semi-conscious person is not admissible in court. A Narco Analysis Test report has some validity but is not totally admissible in court, which considers the circumstances under which it was obtained and assess its admissibility,” advocate P. R Vakil told rediff.com. “Under certain circumstance, a person may hold a certain belief. By repeatedly thinking about an issue in a particular way, he begins to believe that what he is thinking is right. But it need not necessarily be the truth,” Vakil explained.” Results of such tests can be used to get admissible evidence, can be collaborated with other evidence or to support other evidence. But if the result of this test is not admitted in a court, it cannot be used to support any other evidence obtained the course of routine investigation.”

Criminal lawyer Majeed Memon said, “If the courts give permission to conduct these tests, then only it can decide the admissibility of the test results and other related evidence. Such reports can be used as evidence or to support other evidence.” Another criminal lawyer Sham Keswani has a different view. “Such tests don’t have any legal validity. They can only assist the police investigation.” But, in case a person is not affected by the chemical, he might take some wrong names (to mislead investigators). The results of such tests can be used to support other evidence,” he said.

Conclusion-

Law is a living process, which changes according to the changes in society, science, ethics and so on. The Legal System should imbibe developments and advances that take place in science as long as they do not violate fundamental legal principles and are for the good of the society. The criminal justice system should be based on just and equitable principles. The issue of using narco analysis test as a tool of interrogation in India has been widely debated. The extent to which it is accepted in our legal system and our society is something, which will be clearer in the near future. In a situation where narco analysis is gaining judicial acceptances and supports despite being an “unreliable & doubtful” science, we have to seroiusly rethink about its legal and constitutional validity from human rights perspective.

contract law questions and answers

How are plurals handled as a matter of New York contract law?
If a term is defined ‘Party’ and is later referenced as ‘Parties’ what factors would go to interpreting it as ‘all Parties’ or ‘one or more Parties’? A court will look to the context in which it is used. In those very rare cases where the difference.

Contract law and agency law?
How can I give an example of how a conversation between the person answering the phone at a doctor’s office and the patient who called could create a contract, demonstrating knowledge of contract law and agency law? the person answering the phone in the dr’s office places an order for office supplies or medical.

I have a question about business law class?
There exists – in the field of contract law – both contract and non-contract theories of recovery. Depending upon the particular fact situation, a party might file a lawsuit for breach of an express contract in fact or an implied contract in fact. These are both contract theories! A party might.

What are my rights under consumer/contract law when I cancel a service?
I subscribe to Supanet.com for internet. I now work for a telecom co & am eligible for reduced staff rates. I contacted Supanet & told them I want to give canx notice, I assumed 1 months would be standard, but was told that the canx would be.

i need to find some legal advice?
need legal advice in contract law with landlord and tenant issues. Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord And Tenant Act (URLTA) or.
Solving legal problem??
I have got a problem in which I want you help me solving. It is a question regarding contract law which says: About 15 miles from Potters Bar, in quiet countryside, there is a clothing factory with its own factory shop. In the shop window there is a notice stating: ‘Limited offer, twenty RD23 anti-fit jeans.

There are established rules in contract law. One rule states that, where a minor enters into a contract, the?
The Problem Omar, aged 17, having finished a pottery course at college, decided to leave home in order to follow his ambition to become a producer and dealer in fine art pottery. He moved to London where he entered into.

‘time shall be of the essence’ in a contract?
Does anyone know what ‘time shall be of the essence’ in a contract means and what happens if this is not respected? What are the legal consequences? It IS something you usually see in a contract, at least in the US. In contract law, very often time is not a.

I have a question about contract law.?
if i remember my business law class correctly if there is a contract between two parties and there are say 10 things in the contract that one party needs to abide by and they don’t abide by even 1 item in the contract. is this contract void? i thought a contract had.

4 Legal Issues Regarding Embalming

Embalming, as we know it today, is the art of temporarily preserving the remains of the deceased in order to slow the process of decomposition and prepare the body for viewing at a wake and/or funeral. One of the main purposes of embalming is to try to give the deceased a more life-like look so that viewing the remains will not be as emotionally upsetting to the mourners. Overall, embalming serves several purposes: temporary preservation, sanitization of the remains and restoration.

The Federal Trade Commission as part of “The Funeral Rule”has spelled out several important guidelines legal rules to govern funeral directors and embalmers in the practice of embalming. According to “The Funeral Rule:”

1. The funeral director must be forthright and disclose the fact that embalming is not a legal requirement. A trustworthy funeral director will always make sure that you know your options and are aware of any fees associated with embalming.

2. According to these legal guidelines, a funeral director may charge the grieving family a fee for embalming only when: Authorities or the law (either state or local) requires for some special reason embalming must be performed on particular remains. Reasons for this might be if the body is to be held for an unusually extended period of time or is in such a condition upon being found that, for health or legal reasons, the body must be preserved for further investigation into the death. In this rare instance, be aware that the funeral director is required to state clearly on an itemized bill that the embalming was performed because of a particular legal requirement.

3. Furthermore that itemized description must explain the reason that embalming had been necessary. This unusual circumstance is most frequently due to local or state guidelines and must be for a particular reason. Federal law still does not require embalming under any circumstances.

3.  The family of the deceased or the person planning the funeral has already given consent for the body to be embalmed. Unfortunately, “The Funeral Rule” does not stipulate which person is has the final say to give this consent. This is a family member and disputes become a matter to be governed by state or local law. In any event, the funeral director is obligated to obtain clear permission before undergoing the process of embalming. This approval must be expressly stated and cannot be simply implied.

4. In order to best and most clearly understand the family’s total consentin the decision to embalm, the funeral home must:

  • Ask specifically for their permission.
  • Not mislead the bereaved into thinking that embalming is required. While the family is making the funeral arrangements, the funeral director cannot tell a family that they’ll be charged for embalming regardless of the funeral that’s been planned. He cannot insist that embalming is a requirement nor can he simply assume that the family wants to have the remains embalmed.

It’s important to remember that simply because you’ve agreed to the funeral arrangements; it can’t be assumed that you’ve expressly consented to embalming. If the funeral director charges you for embalming without getting your express consent to the producer before it was performed, this is a violation of “The Funeral Rule” and should be brought to the attention of the Federal Trade Commission.

The best place to find latest legal update in India

There are many issues facing Indian as a country that Lawyers can address effectively. All over the internet you will find different websites dedicated to lawyers and their operations; a good example is Indian lawyers forum. It is a platform where different legal issues and important information that concerns the country are discussed. Forums aren’t the only place where you can get legal updates; there are in fact many of them online. Why do you need to get these update? The reason is that law and how it is interpreted may directly or indirectly affect you; and when things happen in your environment, you will need to check up these update to discover if there has been any important happening that could affect you. Where can you locate these places to receive update and how it affects you is what this article is about.

Why check updates?

There are many challenges facing India as a country and if you live in India or are an Indian you will be affected one way or the other. Therefore, to avoid being caught unawares, checking different website to read about updates is very important.  A good example of challenges in India is the issue of women empowerment; what does the legal system says about it? If you are a woman the outcome of this news should concern you because positive result will go a long way to make your life better and a negative one will result in an adverse effect.

Another prevailing circumstance that necessitates checking update of news from any source is the condition of social infrastructures in the country. If you are a business owner then you should be concerned about the outcome of legal outcomes concerning the infrastructure because a positive outcome means that your business stands to benefits from changes that will connect to stable electricity supply, and so on.

The few examples that were cited about the reason for getting updates are just few among many others; now the question is where to get these updates?

A perfect place is through India law forums. These forums are created to discuss different situation in India and how it affects the country at large. It also showcases the different lawyers and their views about these problems. What the legal system has achieved or how far they have gone in dealing with the problems are the different discussion you get form these forums. Therefore, it won’t be a surprise to see different law firms in delhi well represented in such forums. Apart from forums, you can also find different websites dedicated to discussing issues in India, and how it can be solved. You will also get news and different updates regarding all aspects of the country.

Lawyers interpret laws and there is no better place to receive updates regarding any issues in India except through India lawyer’s website and forums. Apart from forums, you can also go to different groups, read dailies, magazines, and many other sources to receive updates. It is very important that you receive updates because the news might have legal outcomes that are directly or indirectly connected to you or your business. So, for any civil law in Indiaupdates and action look for places to get updates.