Blasphemy!

Recently there has been a debate going on in Western Country towards the demise of or reform of blasphemy laws, and these laws are only infrequently enforced where they exist. Such laws still exist in several countries, such as in Austria, Finland, Germany, Italy, The Netherlands, Spain and United Kingdom. In the United States, the First Amendment guarantees a relatively unlimited right of free speech, although some US states still have blasphemy laws on the books. For example Chapter 272 of the Massachusetts General Laws states,  whoever disobediently blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail for not more than one year or by a fine.

The Satanic Verses a  novel by Salman Rushdie was seen by many Muslims to contain blasphemes against Islam, and Iranian clerical leader Ayatollah Khomeini issued a fatwah in 1989 calling for Rushdie's death (although strictly this was in response to Rushdie's claimed apostasy, not the novel's supposed blasphemy). The fatwa was not accepted universally by the Muslim Ulema as the way to deal with the problem of Rushdie's book. Some British Muslims called for Rushdie to be tried under English law for blasphemy, but no charges were laid, as the English legal system recognises blasphemy only against the Christian faith. Many take the view that accusations of blasphemy and anti-blasphemy legislation are examples of the special pleading logical fallacy where the chosen religion is extended protection from rational enquiry and ridicule that is not extended to other topics.

Read More:
http://www.wordiq.com/definition/Blasphemy

PRACTICE OF LAW

Legal Practice is the form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. By practice is also meant the business which an attorney or counsellor does; as, A and  B has a good practice. A settled, uniform, and continued practice, without objection is evidence of what the law is, and such practice is based on principles which are founded in justice and convenience.

TWO TYPES OF LEGAL PRACTISIONERS :

1.      Solicitor

2.      Barrister

In the legal sense, a Solicitor is someone who has undergone legal training and been admitted to the practice of law In  some countries, the legal profession is split into two separate categories: solicitors and barristers. Solicitors handle legal matters outside of court, providing legal advice to clients, preparing legal arguments, and so forth. They are also sometimes admitted to practice in the lower courts. Barristers, on the other hand, actively participate in court, arguing cases before a judge.

Barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions. They can be contrasted with solicitors — the other class of lawyer in split professions — who have more direct access with clients and who are in general office based. Barristers are rarely if ever hired by clients directly but instead are retained (or instructed) by solicitors to act on behalf of clients

The historical difference between the two professions—and the only essential difference in England and Wales today—is that a solicitor is an attorney which means they can act in the place of their client for legal purposes (as in signing contracts) and may conduct litigation on their behalf by making applications to the court, writing letters in litigation to the client's opponent and so on. A barrister is not an attorney and is usually forbidden, either by law or professional rules or both, from "conducting" litigation. This means that while the barrister speaks on the client's behalf in court, he or she can only do so when instructed by a solicitor.

Read more:

http://www.wisegeek.com/what-is-a-solicitor.htm

http://en.wikipedia.org/wiki/Barrister

A VIEW ON CONTRACTS

A commercial contract is a type of contract that defines the terms of a commercial transaction. There are several types of commercial contracts. The most common types include firm fixed price contracts, fixed price contracts and time and materials contracts.

A firm fixed price contract, or FFP contract, establishes the cost of a service before the service is rendered, and it does not change if the service costs more than anticipated. A fixed price contract gives the contractor a maximum price and a target price. A time and materials contract determines the cost of services based on fixed wages and materials costs. With this type of contract, labourers are given specific hourly pay rates, and materials are paid for based on their cost with no contractor fee. Of all commercial contracts, the firm fixed price contract gives the contractor the most incentive to perform the service in the most cost-effective way possible. A time and materials contract is the best choice for contracts that involve multiple labourers. If a party in a contract fails to live up to their part of the contract, the justice system steps in to fix the problem. Generally, a court either enforces the contract or asks the offending party to compensate for harm done.

Commercial contracts can be terminated in various ways, they are as follows:

1. Breach of Contract leading to Termination

A breach of contract takes place when a party fails to deliver on their contractual promises by failing to perform their obligations completely. A party may do so by:

1. in the event that the party has not performed, by stating that they do not intend to perform
2. not performing their obligations or
3. where the performance is defective (for instance, poor workmanship)

An anticipatory breach of contract takes place where a party evidences an intention (either expressly or impliedly) that they no longer consider themselves bound by the contract. In such a party the innocent party may elect to affirm the contract and sue for damages for the breach, or accept the repudiation of the contract and terminate the contract.

 2. By Agreement

Contracts may be terminated by agreement where the contract itself provides for the event (for instance upon 3 months' notice); by the parties conduct; or where the parties enter into a separate agreement to terminate the earlier agreement (for example, a compromise agreement where there has been a dispute in respect to the earlier agreement).

 3. Termination by Performance

A contract may also be terminated by performance of the parties' obligations. Discharge of a contract in this way takes place when performance of the contract is complete and exact, with reference to the terms of the contract. However, discharge may also place where the contract is divisible; is capable of being fulfilled by substantial performance; the other party has prevented performance; or where partial performance has been accepted by the other party.

 4. By Frustration

Frustration is a basis upon which parties may be excused from their obligations to perform as a result of events arising after the contract has been entered. Frustration may be the result of the destruction of the subject matter of the contract; government interference, where performance becomes illegal; a particular event which is the sole reason for the contract fails to take place; the commercial purpose of the contract is defeated; or where a party dies.

When a contract is terminated by frustration, money paid pursuant to the agreement is recoverable, and expenses may be offset against moneys paid

Read More:

http://www.ehow.co.uk/facts_6924767_definition-commercial-contract.html 

http://www.gillhams.com/dictionary/439.cfm

Modern usage of the term intellectual property goes back at least as far as 1888 with the founding in Bern of the Swiss Federal Office for Intellectual Property (the Bureau fédéral de la propriété intellectuelle). When the administrative secretariats established by the Paris Convention (1883) and the Berne Convention (1886) merged in 1893, they also located in Berne, and also adopted the term intellectual property in their new combined title, the United International Bureaux for the Protection of Intellectual Property. The organisation subsequently relocated to Geneva in 1960, and was succeeded in 1967 with the establishment of the World Intellectual Property Organization (WIPO) by treaty as an agency of the United Nations .

The concept's origins can potentially be traced back further. Jewish law includes several considerations whose effects are similar to those of modern intellectual property laws, though the notion of intellectual creations as property does not seem to exist – notably the principle of Hasagat Ge'vul (unfair encroachment) was used to justify limited-term publisher (but not author) copyright in the 16th century. The Talmud contains the prohibitions against certain mental crimes (further elaborated in the Shulchan Aruch), notably Geneivat da'at  literally "mind theft"), which some have interpreted, as prohibiting theft of ideas, though the doctrine is principally concerned with fraud and deception, not property.

As it appears today, Intellectual Property refers to the intangible. In contrast to real property and personal property, it refers to what the minds of mankind have created, usually expressed or translated into a tangible form that is assigned certain rights of property. Examples of IP include musical, literary, and artistic works; inventions; software; and symbols, names, images, designs, business methods, and industrial processes used in commerce. Intellectual property laws include patent, copyright, trademark, and trade secret laws, which typically protect IP rights. Patents, copyrights, and trademarks are creations of statute, where the government recognizes and enforces the public expression of an original idea for a limited period of time.

Read more:

http://en.wikipedia.org/wiki/Intellectual_property

http://www.hg.org/intell.html

Justice Delayed Is Justice Denied (India)

Justice Delayed is Justice Denied:

This statment talks about the delay in justice becouse if there is no justice there will be no peace in the society,and if the justice is delayed there will be no value of  law and order amongst the individuals there is a long list of different incidents which took place two decades ago  and still those cases are pending in court for the final verdict,some of the most important cases are as follows:

Bhopal Gas Tragedy

Fact File: Dec 3, 1984. Some 500,000 people are exposed to poisonous gases in the state capital of Madhya Pradesh, India. Between 5000-8000 people died immediately and thousands over the years from long term illness. More than 100,00 remain chronically ill in Bhopal today. The water and soil of the area is still contaminated.

Babri Masjid Demolition

Fact File: Dec 6, 1992. A mosque in the city Ayodhya of Uttar Pradesh, India, is destroyed by a strong crowd of 150,000 people. The police stood a mute spectator! More than 2000 people die across India in the riots that follow.

The Justice Liberhan Commission set up by the Government of India to investigate the demolition, took 48 extensions and 17 years to submit its report. The report itself has nothing new to offer. What a waste of public money and time.

Godhra Massacre

Fact File: February, 27 2002. 58 Hindu passengers are burnt alive in a coach of Sabarmati Express in Godhra, Gujarat, by a alleged Muslim mob. In the resulting riots more than 1000 (by official estimates and 2000 by independent sources) people, mostly Muslims, are butchered. The violence is covered extensively by the Indian media.

The cases are still being probed. Only a handful of the large numbers of accused have been found guilty and punished.

No wonder there are some 30 million unresolved legal cases in India. The police-politician nexus has to be broken for the court to work freely. And until that happens the unresolved cases would only add up.

References
http://newszone4u.blogspot.com/2010/06/indian-judiciary-justice-delayed-is.html

International labour Organisation On Child Labour

International labour organisation:

According to International Labour Organization (ILO) estimates, there are some 250 million children between ages of 5 and 14 years who are in economic activity in developing countries. For 120 million of them work is a full-time activity.[1] ILO also mentioned some regulations such as- convention 138 and 182, on the topic of Child labour.[2]

ILO Convention 138, 1973

The International Labour Organization's (ILO) Minimum Age Convention sets a basic minimum age for employment of 15 years, and 14 for countries meeting the ILO's developing country exemptions. It prohibits hazardous work for young workers under the age of 18.

ILO Convention 182, 1999

This Convention calls for the Prohibition and Immediate Elimination of the Worst Forms of Child Labour, including forced or bonded labour, and hazardous, unhealthy and unsafe work.

[1] International Labour Organisation http://www.ilo.org/global/About_the_ILO/Media_and_public_information/Press_releases/lang--en/WCMS_007784/index.htm accessed date 26 oct 2010

[2] Maquila  solidarity network  http://en.maquilasolidarity.org/node/661 accessed date 26 oct 2010

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Except adultery, consensual sex no offence, says Supreme Court Of India

NEW DELHI: Consensual  heterosexual relation between adults, including pre-marital sex, is no offence except in cases where the partners are liable to be charged for "adultery", ruled the Supreme Court.

The Supreme Court attached a lot of importance to personal autonomy and a person indulging in an immoral act need not necessarily be a culprit in the eyes of law. "Morality and criminality are non co-extensive," said a Bench comprising Chief Justice K G Balakrishnan and Justices Deepak Verma and B S Chauhan on Wednesday. The SC said in the present social milieu, some view pre-marital sex as an attack on the centrality of marriage while a significant number see nothing wrong in it. This conflict of opinion on morality did not make pre-marital sex an offence, it ruled.

"Notions of social morality are inherently subjective and criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy," it said. This clear finding and the judicial logic supporting it got substantial space in the apex court's judgment on Wednesday quashing 23 complaint cases against South Indian actress Khushboo, who was harassed through litigation for her remarks on prevalence of pre-marital sex in cities.Justice Chauhan  said, "While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting, with the exception of `adultery' as defined under Section 497 of the Indian Penal Code."

"It is not the task of criminal law to punish individuals merely for expressing unpopular views. The threshold for placing reasonable restrictions on the freedom of speech and expression is indeed very high and there should be a presumption in favour of the accused in such cases," the Bench said.

Khushboo's remarks did provoke a controversy since the acceptance of pre-marital sex and live-in relationships was viewed by some as an attack on the centrality of marriage."While there can be no doubt that in India, marriage is an important social institution, we must also keep our minds open to the fact that there are certain individuals or groups who do not hold the same view. To be sure, there are some indigenous groups within our country wherein sexual relations outside marital setting are accepted as a normal occurrence," the Supreme Court said.



Read more: Except adultery, consensual sex no offence, says SC - The Times of India <http://timesofindia.indiatimes.com/india/Except-adultery-consensual-sex-no-offence-says-SC/articleshow/5873672.cms#ixzz14hTC6XMH>