Tort: Professional Negligence of Investigating Authorities with its Legal Remedies

2020 ◽  
Author(s):  
Ravi Shankar Chaudhary
Keyword(s):  
Author(s):  
Stephen C. Russell

This chapter examines the implications of documentary evidence on Near Eastern legal practice for understanding legal material in the biblical book of Deuteronomy. The chapter extends to Deuteronomy B. Wells’s approach to biblical law by observing similar legal issues, similar legal reasoning, and similar legal remedies shared by the Deuteronomic Code and cuneiform records of ancient Near Eastern legal practice. These data suggest that Deuteronomy was produced by scribes who were directly familiar with legal practice or who utilized textual traditions in turn directly rooted in legal practice. Deuteronomy presents legal practice in a systematic way, probing its underlying principles. At the same time, the data examined here also suggest that the Deuteronomic Code was not merely descriptive of legal practice. For example, in the law about fugitives, the Deuteronomic Code presents a vision of Israel’s international status that did not precisely match historical reality. As a literary work, Deuteronomy embodied a political and religious vision of Israel, including its legal system.


2017 ◽  
Vol 42 (1) ◽  
pp. 20-38 ◽  
Author(s):  
Tina K. Stephen ◽  
Arun Sasi

India’s legislature, judiciary and academia have by and large cast a blind eye on workplace bullying. There is literary vacuum on legal aspects of workplace bullying in Indian context. This article tries to address this dearth of literature by analyzing potential legal remedies and roadmaps for mitigation of bullying in Indian workplaces. It tries to achieve this by evaluating existing legal provisions with potential of mitigating workplace bullying and comparatively analyzing legal strategies of other countries.


2021 ◽  
Vol 11 (2) ◽  
pp. 55-61
Author(s):  
Adham -

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.


2003 ◽  
Vol 9 (5) ◽  
pp. 359-367 ◽  
Author(s):  
Richard Bayney ◽  
George Ikkos

Success in preventing and responding to criminal behaviours on psychiatric wards may sometimes require cooperation between mental health services and local police services. This is especially so when seeking legal remedies through the criminal justice system. This article describes police perceptions of psychiatric services and psychiatric patients. It also reviews police procedures and factors that influence their response when the police are requested to intervene following an alleged criminal act by an in-patient. A case vignette is used to highlight the causes of tensions and guide the reader through the steps that might be considered when the issue of prosecution arises.


2019 ◽  
Vol 10 (3) ◽  
pp. 159-165
Author(s):  
Ati Dwi Nurhayati ◽  
Liana Arhami

Forest protection is an effort to prevent and control the destruction of forests, forest areas, and forest products caused by human actions, livestock, fires, pests and diseases. The aims of this research are to identify the types of forest disturbance especially those caused by humans and physically, analyze the factors causing forest disturbance, and analyze efforts to control forest disturbance at KPH Kuningan. Forest disturbances that occurred in the KPH Kuningan during 2010-2014 included: timber theft, forest fires, forest encroachment, and natural disasters. The background of forest disturbance in the Kuningan KPH is mainly due to the socio-economic conditions of the community around the forest that are still low. Strategic actions taken to prevent forest disturbance at the KPH Kuningan are to take pre-emptive actions in the form of counseling and establish good relations between officers and the community through social communication and Community Based Forest Management (PHBM), preventive actions in the form of patrols and safeguards against forest potential, and repressive actions in the form of legal remedies against the perpetrators. Key words: cause of forest disturbance, type of forest disturbance, forest disturbance control


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


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