Child abuse

Child abuse consists of any act or omission that may be deliberate or accidental resulting in or likely to result in significant harm to a child’s well-being and deve-lopment. There are four main categories of child abuse: physical, sexual and…

Best interests of the child

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

Banking phishing

The victim is redirected to a fake website similar to the impersonated service, where the user thinking he is on the official site, ends up filling out a form where he provides the same data he would have used on the actual website.

Doctrine of election

The doctrine of election is based on the rule of estoppel - the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppel in pais (or equitable estoppel) which is a rule in equity.

Executive function means

The executive Government, however, can never go against the provisions of the Constitution or of any law. This is clear from the provisions of Article 154 of the Constitution but, as we have already stated, it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the executive are limited merely to the carrying out of these laws

Judicial Discretion means

The word “discretion” connotes necessarily an act of a judicial character, and, as used with reference to discretion exercised judicially, it implies the absence of a hard-and-fast rule, and it requires an actual exercise of judgment and a consideration of the facts and circumstances which are necessary to make a sound, fair and just determination, and a knowledge of the facts upon which the discretion may properly operate.

Exclusion of Audi alteram partem rule

It is well established that rules of natural justice are not rigid rules, they are flexible and their application depends upon the setting and the background of statutory provision, nature of the right which may be affected and the consequences which may entail, its application depends upon the facts and circumstances of each case.

Performance bond and performance guarantee

A bank which gives a performance guarantee must honour that guarantee according to its terms. It is not concerned in the least with the relations between the supplier and the customer: nor with question whether the supplier has performed his contractual obligation or not; nor with the question whether supplier is in default or not.

Established means

What does the word "established" in Article 30 (1) mean? In Bouvier's Law Dictionary, Third Edition, Vol.I, it has been said that the word "establish" occurs frequently in the Constitution of the United States and it is there used in different meanings;

Definition of crimes against humanity

For the purpose of the present draft articles, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack

Appeal Right of

It is well known that right of appeal is not a natural or inherent right. It cannot be assumed to exist unless expressly provided for by statute. Being a creature of statute, remedy of appeal must be legitimately traceable to the statutory provisions.