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Articles and Opinions

12
AUG
2019

Which out of the conflicting judgments of co-equal Benches is binding ?

Article 141 of the Constitution of India commands that the law declared by the Supreme Court shall be binding on all the courts within the territory of India. Judges of all other courts are thus bound to follow the decisions of the Supreme Court irrespective of their own views on...
08
AUG
2019

Is the Constitution (Application to Jammu and Kashmir) Order, 2019 abhorrent to the provisions of Indian Constitution?

On 5 August 2019, the Hon’ble President of India Sh. Ram Nath Kovind issued a constitutional order i.e.the Constitution (Application to Jammu and Kashmir) Order, 2019, hereinafter referred as Order, 2019 superseding the Constitution (Application to Jammu and Kashmir)...
31
JUL
2019

Volunteering Information

Court cases are always decided on the basis of the evidence recorded in the case. No effective judgment can be passed by the court without recording and appreciating the evidence fortifying the facts of the case. The trial of a civil case starts after framing of issues with the...
19
APR
2019

Falsus in uno and falsus in omnibus with regard to grounds of ejectment under the Rent Acts and Under the Law of Evidence Act

Almost all the rent Acts applicable in India provides more than one ground of ejectment. Thus where the landlord in the ejectment application has taken more than one ground of ejectment and if one of the ground has been found to be false then whether the ejectment application...
19
APR
2019

Necessity of Use of Modern Techniques In Investigation and The Parametres Laid In Law- A Brief Note

Criminal system in India is adversarial and not inquisitorial as in Civil Law Countries. ? Modern Techniques in Investigation would lead better results in investigating offences as detailed below: a) Murder, b) Narcotics, c) Accidents, d) Destruction of Public Property including...
19
APR
2019

Witness Protection

“The edifice of administration of justice is based upon witnesses coming forward and deposing without fear or favour, without intimidation or allurements in Court of law. If witnesses are deposing under fear or intimidation or for favour or allurement, the foundation of...
19
APR
2019

National Commission For Women : Its Role & Responsibility

INTRODUCTION “It is perceived that the nonpareil methodology to explore about a civilization, culture and society is to try and understand more and more about its women.” The word “Women” comes from the union of two words i.e. “Wo” which means...
01
APR
2019

Pre-Suit Mandatory Mediation

India, a developing country, has made substantial progress in the areas of providing health, education and other necessities of life to its citizen. There is phenomenal increase of professionals, entrepreneurs and businessmen. Every individual is working hard to become...
25
MAR
2019

Documents – Proof, Admissibility and Exhibition

Criminal cases are decided mainly on the basis of oral testimony of the witnesses who have witnessed the occurrence. The documents in the criminal cases have a very little role to play except in the offences involving economic offences. Whereas in the civil case, the documents...
25
MAR
2019

What Constitutes Medical Negligence

Criminal cases are decided mainly on the basis of oral testimony of the witnesses who have witnessed the occurrence. The documents in the criminal cases have a very little role to play except in the offences involving economic offences. Whereas in the civil case, the documents...
18
MAR
2019

Welfare & Care of Senior Citizens – Legal Provisions and Need to Fill in Gaps

India, a Welfare State, has been enjoined upon the responsibility under the Constitution to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of...
18
MAR
2019

A Case for a Relook at Capital Punishment

Jurists have been debating for centuries whether death sentence should be retained or abolished as a penalty. Debaters on both the sides advance well-founded and highly convincing arguments and consequently lawmakers find it quite difficult whether to retain the capital...
18
MAR
2019

Rights of Prisoners of War Emanating From The Third Geneva Convention

ABSTRACT A lot of hue and cry ensued in India when Wg. Cdr. Abhinandan Varthaman was captured by Pakistani forces on February 27, 2019 following a dogfight between the Air Forces of both the countries. Following his capture, a series of debates started all across the country...
18
MAR
2019

Juvenility Determines Juvenile Justice : A Comparative Analysis – India And USA

INTRODUCTION “Lets figure out ways of keeping our children out of the juvenile justice system and in the classroom so that they thrive. Because if you are in the juvenile justice system, the chances of going into the adult penal system are greatly increased.”...
18
MAR
2019

Principles of Natural Justice and Compulsory Retirement : Union of India & State of AP v. M.E. Reddy and Related Jurisprudence

Natural law is one of the most important aspects of administrative law. Historically, administrative bodies were not obliged to incorporate the principles of natural law in their decisions. However, the principle of procedural fairness was incorporated into the functioning of...
18
MAR
2019

Family Courts Act, 1984 : A Step in the Right Direction

“From the beginning the objective of establishing family courts was to provide speedy disposal of cases involving problems faced by women who were traumatized by marriages that had turned bitter.” -National Commission for Women The 1980s were a period of great...