Rishabh Gandhi and Advocates

16/01/2022

04/10/2021

Monday Maxim: "Audi Alteram Partem"

Audi alteram partem is a latin term used as a legal maxim that literally means “listen to the other side” or “let the other side be heard as well”. This legal maxim states that no person who is under trial shall be convicted or condemned by the court of law. In other words no court of law can pass a judgment against any person who did not get the opportunity of being heard. There are two basic rules of natural justice, first being “Nemo in propria causa judex, esse debet that states no one should be made a judge in his own case and second being “Audi alteram partem”.

There are two essential aspects of Audi alteram partem. The first aspect of this legal maxim is right to notice and right to be heard. Right to notice states that prior of taking any action, the concerned party shall be notified to show cause in opposition to the proposed action seeking his explanation. The second ingredient of this legal maxim is right to be heard. Right to be heard states that for any judgement or decree to be legally valid it should be passed only after giving both the concerned parties an opportunity to defend themselves.

02/10/2021

2nd October is observed as Gandhi Jayanthi, the birth of Mahatma Gandhi. The United Nations during the General Assembly resolution A/RES/61/271 of 15 June 2007, established the said day to also be a “Non – Violence Day”. The International Day is an occasion to "disseminate the message of non-violence, including through education and public awareness". The resolution reaffirms "the universal relevance of the principle of non-violence" and the desire "to secure a culture of peace, tolerance, understanding and non-violence".

13/09/2021

Quid Pro Quo is a Latin term used as a legal maxim which translates to “something in return or, something in exchange, for something.” Upon reading and understanding the definition of the term, one might instinctively resonate this with the concept of trade or, in most cases business contracts. The legal context of the Latin term is, “Consideration” which finds its place under Section 2 (d) of the Indian Contract Act, 1872. In order for a contract to be valid, there should be an existence of consideration, which binds both the parties to the contract in the agreement of doing something, or abstaining from doing something as per the conditions of the parties. The legality of this phrase rests upon the mutual relationship of both the parties, where both of them are benefitted. Where it is proved that it is one sided, benefitting only one party, the contract will be deemed void.

A barter system – an arrangement between two parties, for exchanging on thing for the other, without the involvement of money – is an example of a quid pro quo agreement where one exchanges something for something else of similar value.

Quid Pro Quo is dynamic in nature and is not only applicable in business contracts but various other situations as well. However, this dynamic nature may or may do more harm than good to the society at large. In politics quid quo pro can refer to the use of political office for personal benefit, however, it does not necessarily lead to bribery or corruption. Quid pro quo in sexual harassment is the most commonly recognized form of sexual harassment at workplace. While, the phrase has the same meaning through these situations, it bears a negative subtext.

10/09/2021

World Su***de Prevention Day

The word ‘Su***de’ derives itself from the Latin word ‘suicidium’ which means “to kill oneself.” It is essentially considered a religious taboo and a criminal offence in many cultures but in some cases, it is even believed to be an act of honour. However, in its true sense, su***de is an act of causing one’s death intentionally. Unfortunately, more than 700,000 people die due to su***de every year. The individuals taking such extreme steps usually go through extensive mental trauma, depression and detachment from societal affairs. Su***de shouldn’t be ignored it should be discussed and addressed effectively since it can be prevented if the right actions are taken at the right time. To generate awareness and prevent su***de before it is too late, committed actions were taken and the International Association for Su***de Prevention (IASP) collaborated with the World Health Organization (WHO) and the World Federation for Mental Health (WFMH) to host World Su***de Prevention Day on 10th September every year. The theme for this year is “Creating Hope Through Action” and it seeks to initiate a collective approach towards su***de prevention.

In India, laws concerning su***de have rather been archaic owing its origin to the colonial era. The Britishers considered killing or attempting to kill oneself as a crime against the state and the religion. Ironically, Britain itself decriminalized su***de way back in 1961 whereas, it was still a criminal offence in India until 2017. A landmark judgment of 1985 had commented that “the continuance of Section 309 I.P.C. is an anachronism unworthy of a human society like ours.” Section 309 of the Indian Penal Code, deals with “Attempt to commit su***de”, and any person who has survived an attempted su***de could be punished under this section. However, is it justified to punish such an individual who is already going through a mental dilemma, to an extent where he has lost the will to live? Are we not depriving the survivor of a potentially beneficial psychiatric treatment at a reasonable time?

The use of section 309 has been subject to debate since time immemorial. However, the Mental Healthcare Act, 2017 (MHCA) came into force in 2018 and marked a significant change in the progressive direction. It is a common misconception that section 309 has been repealed but, it continues to be in the statute book. Nonetheless, the MHCA has made the attempt to commit su***de punishable only as an exception and has reduced the scope of Section 309 considerably. Besides, Section 115(2) of the MHCA obligates the appropriate government to provide care, treatment, and rehabilitation to a person, having severe stress and who attempted to commit su***de, to reduce the risk of recurrence of such attempts.

01/07/2021

Welcome to RGAA Family!

Gaurai Deshpande
Senior Associate

01/07/2021

Welcome to RGAA Family!

Raghav Mehta
Client Relationship Executive

01/07/2021

Congratulations on being promoted as a 'Senior Associate'.

Karan Raj
Senior Associate

08/03/2021

Happy Women's Day!