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Articles and Opinions

18
MAY
2021

Evolution of Sentencing Policy of India Post-Independence

In 1955 Amendment in Code of Criminal Procedure there was introduced amendment by Section 66 of the Code of Criminal Procedure (Amendment) Act, 1955 (XXVI of 1955) which deleted old sub-section (5) of Section 367 with effect from January 1, 1956. Thus, for capital offences, it...
12
MAY
2021

Secondary Evidence

Satyameva Jayate (Literally: “Truth Stands Invincible”) is a mantra from the ancient scripture Mundaka Upanishad. Upon independence of India, it was adopted as the national motto of India. It is inscribed in Devanagari script at the base of the national emblem. The...
05
APR
2021

Frame of A Suit: Order II of the Code of Civil Procedure, 1908

Introduction The philosophy and principle underlying Order II is to discourage and minimize litigation. The law has always frowned upon multiplicity of litigation since less litigation is seen as a sign of a peaceful, progressive and developed society. Hence, Order II has rightly...
17
MAR
2021

The Dimensions of Doctrine of Res Judicata

The concept of Res Judicata finds its evolvement from the English Common Law system, being derived from the overriding concept of judicial economy, consistency, and finality. From the common law, it got included in the Code of Civil Procedure, 1908 in the form of section 11 and...
24
FEB
2021

Quantum of Monthly Wages Notified in Terms of Section 4(1)(B) of Employees Compensation Act, 1923 – Whether Minimum or Maximum ?

Employees Compensation Act, 1923, provides for payment of compensation to certain classes of employees, for injury by accident, resulting in death or disablement and also in respect of occupational diseases. Section 4 of the Act provides for the manner of computation of...
22
FEB
2021

Paradigm of Law on Regularisation of Services

“Dynamics of Employment changes and mutates after formulation of a new policy but dictated by the dictum of Hon’ble Courts” – Ankur Mittal, Advocate The concept of Regularisation of services is a means to condone any procedural irregularity and is meant to...
19
FEB
2021

Farm Laws : Constitutional Provisions

I. Statement of Problem and Factual Matrix: The basis of the problem lies in the three agricultural laws passed by the parliament while exercising powers conferred by the seventh schedule of the constitution. The root cause surrounding the problem is based in the federal polity...
12
FEB
2021

Paradox Surrounding the Statutory Age of Minority

INTRODUCTION Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. –Martin Luther King, Jr. The term `minor’ originated from French term...
10
FEB
2021

Articles 226 And 227 : Power, Scope And Difference

The Constitution of India confers various powers on High Court which are provided under Articles 225 to 228, of which the powers conferred under Article 226 and 227 are extraordinary in nature and are said to be endowed upon the High Court to ensure proper and effective...
09
FEB
2021

Applicability of Real Estate (Regulation And Development) Act 2016 to Industrial Premises

It is said that the preamble is the key to understand the underlying philosophy of an Act and is a declaration by the legislature of the reasons for the passing of the statutes to which it is prefixed. It is the preliminary part of legislation, setting out what is all about or...
08
FEB
2021

Necessity To Review The Policies For Utilizing The Acquired Land After Indore Development Authority V. Manoharlal By The State Governments

The Land Acquisition Act, 1894 has governed the field of acquisition for more than 120 years and the country has witnessed an era of Compulsory Acquisition as the Act bestowed unbridled and wide powers in the State for acquiring the land and at the same time did not contain...
23
JAN
2021

Custodial Violence-A Barrier On A Democratic System

India as a long-standing democratic country in the world which sets an example to the world, provides for certain rights enshrined by the Constitution of India. But the custodial violence a longstanding phenomenon has become a barrier and a limitation to the fundamental rights...
21
JAN
2021

Now Time For Diagnosis of the Ills of Subordinate Judiciary

The judges and the jurists of the country, and as also the print media, often make mountain of a mole hill in the matter of exercise of Public Interest Litigation jurisdiction by the judges of the higher courts. The same is much ado about nothing when there is no dispute that the...
05
NOV
2020

Order 2 Rule 2 – A Bar to Splitting of Evil

It is believed that “Litigation is the pursuit of practical ends, not a game of chess.” Yet, sometimes, filing a lawsuit remains the only effective route to refute the allegations and repair the damage caused to a person by breach of his legal right. A...
30
OCT
2020

Jamabandi – A Document of Title

Introduction :- State of Punjab is primarily based on Agriculture and its produce. There are few heavy industries installed and operative in the state of Punjab. In view of the fact that the state of Punjab is based on Agriculture, the knowledge of revenue laws is one of the...
21
OCT
2020

Supreme Court Usurping the Cave of Legislatures Like Arabian Camel – Need For Restraint or Control on this Trend

Role of our Apex Court in the matter of interpretation of our Constitution through various judgments right from day one has been very exemplary, splendid, and laudable right from day one which can dumbfound the best of the jurists in the world. Hardly had the ink on the papers of...