Therefore, it can easily be concluded that a man cannot take a woman’s silence as indicative of a willingness to engage in sex. The most important aspect is the focus of the law should not be on any previous relationship between the man and the woman, but instead it must be based “whether she wanted the particular act of sex on that particular occasion with that particular man”. In the Indian context, by virtue of Section 114A of the Indian Evidence Act, 1872, when sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman and she states she did not consent, the court shall presume that she did not consent. Therefore, the two high courts have mistaken the concept of ‘consent’. A feeble ‘no’ does not mean a ‘yes’. It also means a ‘no’. The pronouncements by the Punjab & Haryana High Court and by the Delhi High Court should have been guided by what Justice Krishna … [Read more...] about No, Your Lordships! Even A Feeble ‘No’ Does Not Mean A ‘Yes’
What does mbna mean
Every defense lawyer does it, especially if he thinks the media speculation last week was really a leaked idea from somebody against Trump. He’s trying to pull a Huma — ask for carte blanche immunity for mistakes Flynn may have made (likely unrelated to Russia inquiry, but connected to his belated Turkey lobbying disclosure) in exchange for the lure of testimony Flynn might give. Flynn then doesn’t give any testimony of consequence since he now has full immunity. The reason is because his only risk is perjury once given immunity, so you don’t say anything adverse about anyone else when a smart defense lawyer might convince someone was perjury. The government is well aware of this, and OTHER than Hillary Clinton’s case, they never do this without a proffer. Even then, they usually only give use-and-fruits immunity that is worthless against unrelated charges. No sane lawyer lets his client proffer because a proffer can be used against you if you ever … [Read more...] about Flynn Wants Immunity. So Does That Mean President Trump is Screwed?
As the matriarch of a family with five children, 14 grandchildren and seven great-grandchildren, I have no doubt that Mrs. Bush is surrounded by an abundance of love and support at this time. And according to the statement, her unwavering faith in God is helping her continue to be a “rock in the face of her failing health.” … [Read more...] about Dr. Manny Alvarez: Barbara Bush focusing on comfort care — What does this mean?
The Court observed “The statement on the packaged product inclusive of all taxes, means all taxes which were leviable, were already included in the price mentioned. It should not be constructed as an admission that the respondent had chargedsales tax. The respondent could not have deviated or ignored the statutory requirement by making a declaration contrary to the statutory rules. The consequences of not obeying and violating the statutory rules would have been severe.” … [Read more...] about The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales tax: SC
But there are already misgivings - some have pointed out that just tackling the problems in child mental health services alone could swallow up the entire extra money. … [Read more...] about NHS Plan – what does it mean for you?