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Mental Health Act

  Mental Health Act A human is considered healthy when one is at comfort with physical and mental health. People are aware of various physical discomfort and such discomfort can be cured easily where as mental illness is something that people ignore and there is no cure to such a problem. Mental health refers to cognitive, behavioral, and emotional well-being .it is all about how people think, feel and behave. This word is used by many people to mean the absence of a mental disorder. According to WHO (World health organization ), mental health is a state of well–being in which an individual realizes his or her abilities, can cope with the normal stresses of life, can work productively, and can make a contribution to his or her community. A survey was conducted by the national institute of mental health, reflected that in 2017, around 11.2 million adults, around 4.5% of adults suffer from a psychological condition. There are various mental disorders known as anxiety disorders, mood diso

Lokpal and Lokayuktas Act 2013

  Lokpal and Lokayuktas Act 2013 The administration is very important for any management. Maladministration is like a termite that slowly erodes the foundation of the nation. The administration is important to the regulation of the government. These days corruption is considered as one of the root causes of mis -administration. Various organizations are working against corruption. These agencies are hardly independent, due to which it is hard to limit the scope of corruption. In 2011, India was ranked 95 th in the corruption perceptions index of transparency international. It was seen that India lost a staggering dollar of 462 billion in illicit financial flows due to tax evasion. This shows that it was immensely important to take steps to cure the corruption. Lokpal act is considered a very important act, as it is an anti-corruption act of the Indian parliament in India. The bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the house on 27 th December as the Lok

police refuse to register FIR

  REGISTRATION OF FIR WHEN POLICE REFUSE TO REGISTER: FACTS: Pawan Kumar is enjoying the exclusive peaceful possession of a commercial property for the last 2 years. However, there is some dispute over the property with his business partner Sunil Jha. Sunil Jha first approached civil court but later on withdrew the case as he apprehended that he may not prove his rights in the court for the reasons that the documents with him are not bona fide. Therefore, he approached the local police & there appear to be some deal with police with this. Police called Pawan Kumar to police station & asked him to vacate the premises & handover the keys to Sunil  Jha. Pawan Kumar refuse to do so. Police registered a false case under Arms Act by showing that Pawan Kumar was found to have illegal revolver & knife. Took him in custody & beaten him mercilessly. Pawan Kumar after having got bail in the matter, filed a complaint against the SHO & other concerned police officers. But no

can police refuse to register FIR disclosing cognizable offence

                              A SHORT NOTE ON LEGAL OPINION FACTS: Aslam has filed the complaint that his daughter Tazeen has not returned home & is apprehending that her boyfriend Jeet Kumar has been kidnapped. Jeet Kumar is also missing from home & he has threatened to kidnap his daughter if Aslam does not agree to marry his daughter with him. Jeet Kumar is known for his misdeed, Drinking & bad habits. Jeet Kumar has a criminal mind set. Aslam requested the police to register the F.I.R., but in vain.  ISSUE: Whether Police can refuse to register F.I.R. if the case disclose commission of Cognizable offence or Police department ignoring its duty which resulted into violation of Aslam’s rights. LAW: Public servant disobeying law, with the intent to cause injury to any person or likely to cause injury to any person such disobedience shall be punishable under section 166 in the Indian Penal Code, 1860. The non-registration of F.I.R. over the commission of Cognizable offence is

Remoteness of Damage under law of Tort

  REMOTENESS OF DAMAGE UNDER LAW OF TORT By: Robin Pandey                                                                        Date: 09/03/2022 When a person is held liable for committing a tort the question of his liability arises. And natural justice demands that a person should be held responsible for all the consequences of his tortious act. But this kind of justice would, in ultimate analysis, unreasonably hamper human activity. It would be unjust to hold a tort feasor responsible for all consequences of his tortious act which may be endless. Accordingly, rule of law arise so that a person should not be responsible ad infinitum for endless consequences of his wrongful a Lord Wright observed: "The Law cannot take account of everything that follows a wrongful act; it regards some subsequent matters as outside ne scope of its selection, because, it were infinite of the law to judge the causes of causes' or consequences of consequences. In the varied web of a11airs the la

National Consumer Dispute Redressal Commission

  National Consumer Disputes Redressal Commission By: Robin Pandey                                                                                             Date: 09/03/2022 Section 9 empowers the Central Government to establish the National Consumer Disputes Redressal Commission, by notification in the Official Gazette Section 20(1) provides that the National Commission shall consist of-  (a) a person who is or has been a judge of the Supreme Court, to be appointed by the Central Government (in consultation with the Chief Justice of India), who shall be its President;  (b) not less than four and not more than such number of members as may be prescribed, one of whom shall be a woman, who shall have the following qualifications, namely:  (i) be not less than thirty-five years of age;  (ii) possess a bachelor's degree from a recognized university;  (iii) be persons of ability, integrity and standing and have adequate knowledge and experience of at least ten years in dealing with p

Section 44 CRPC

 SECTION 44 CRPC By P.Hema Arrest by Magistrate. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant. There is only one provision in the Code of Criminal Procedure, 1973 under which a Magistrate himself can arrest an accused. That provision is contained in Section 44 of the Code of Criminal Procedure, 1973. Any Magistrate, whether Judicial or Executive, may himself arrest or order any person to arrest the offender, who has committed an offence in presence of such Magistrate within his local jurisdic