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Total result found : 1142
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Khap Panchyats, Adjudicating Cultural Dishonour?
Published : December 14, 2013 | Author : manbir_bhinder | Rating :
Total Views : 2326
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In India, the Panchayati Raj system was introduced with the aim of decentralization and democratization. Yet there remain certain mysteries.
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Dr. B.R. Ambedkar, The Father of Indian Constitution
Published : December 12, 2013 | Author : kavitakait | Rating :
Total Views : 62465
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The third thing we must do is not be content with mere political democracy. We must note that our political democracy can not last unless there lies at the base of it social democracy.
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Criminal Jurisprudence Challenging the Traditional Perspective on Juveniles in conflict with the Constitutional Guarantees.
Published : December 10, 2013 | Author : shovonita | Rating :
Total Views : 7843
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the age range in respect of which a juvenile can be held responsible in a criminal accord in respect to constitutional guarantees and its state policy. Age of majority is the threshold of adulthood and this concept has been recognized by law itself.
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Judicial System Before 1947
Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 2105
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The motto of the English was not to provide justice to the local people but the only motive behind these efforts was to replace the existing judicial system to mould the local people according to their own desire of ruling them in the long run. The concept of jury was anathema since it would have involved the local people in decision making process.
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Duty of The Public Prosecutor In The Criminal Justice System
Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 28046
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An ideal Prosecutor must consider herself/himself as an agent of justice. In India, we have a public prosecutor who acts in accordance with the directions of the judge. Normally, the control of entire trial is in the hands of the trial judge. Investigation is the prerogative of the police. However, it is generally believed that traditional right of nulle prosequi is available to the prosecutor. The public prosecutor in India does not seem to be an advocate of the state in the sense that the prosecutor has to seek conviction at any cost. The prosecutor must be impartial, fair and truthful, not only as a public executive but also because the prosecutor belongs to the honourable profession of law, the ethics of which demand these qualities.
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Disposal of Civil Cases: Perestroika
Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 3116
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According to recent reports over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. In subordinate courts, Uttar Pradesh again topped the number of pending cases (4.6 million), followed by Maharashtra (4.1 million), Gujarat (3.9 million), West Bengal (1.9 million), Bihar (1.2 million), Karnataka (1.06 million), Rajasthan (1.05 million), Orissa (1 million), Andhra Pradesh (900,000) . How long can a civil case be pending in court ? The answer appears to, in the mind of a common citizen, be that once a case is filed in court it may remain pending for as long as the case is being actively prosecuted by the parties without regard to any statute of limitations. Statutes of limitation require only that lawsuits be filed within a certain period of time after the occurrence of the incident that gave rise to the cause of action. Once the case is filed, however, it may remain pending until properly disposed of.
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Non-Examination Of Investigation Officer: Its Consequences
Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 10520
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The only duty cast on the investigation is to maintain a diary of his investigation, which is known as ``Case Diary'' under s. 172 of the Code. The entries in the case diary are not evidence nor can they be used by the accused or the court unless the case comes under s. 172(3) of the Code. The court is entitled for perusal to enable it to find out if the investigation has been conducted on the right lines so that appropriate directions, if need be given and may also provide materials showing the necessity to summon witnesses not mentioned in the list supplied by the prosecution or to bring on record other relevant material which in the opinion of the court will help it to arrive at a proper decision in terms of s. 172(3) of the Code. The primary duty of the police, thus is to collect and sift the evidence of the commission of the offence to find whether the accused committed the offence or has reason to believe to have committed the offence and the evidence available is sufficient to prove the offence and to submit his report to the competent Magistrate to take cognizance of the offence.
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A Clarion Call To BPOs In India
Published : December 01, 2013 | Author : JUNAID05@LEGALSERVICEINDIA.COM | Rating :
Total Views : 1121
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Article that discuss the role and status of BPOs and does an brief analysis of the same in the light of the defintion of 'intermediaries and network service providers' under the Information Technology Act. It also discusses about the various defenses available to an intermediary under section 79 and Information Technology (Intermediaries guidelines) Rules, 2011
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Role of A Trial Judge Under Constitution
Published : November 29, 2013 | Author : drkcrath | Rating :
Total Views : 2154
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The expression 'Trial Judge' requires a little bit of conceptual analysis where from its practical implication may be derived.
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ASEAN As A Regional Organisation
Published : November 22, 2013 | Author : Suresh Khadav | Rating :
Total Views : 1671
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Association of South Eastern Asian Nations (ASEAN) is a Geo-Political and economic organization. It consists of ten member countries of South East Asia. It was formed on 8 Aug, 1967. ASEAN formed with the signing of ASEAN declaration or Bangkok declaration by Indonesia, Malaysia, Singapore, Thailand and Philippines founding fathers but later on membership has expanded to Brunei, Burma, Cambodia, Laos and Vietnam.
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Importance of Consideration in Contract
Published : November 22, 2013 | Author : aditya.ashu | Rating :
Total Views : 5678
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Importance of Consideration in Contract
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Importance of IPR in Business World
Published : November 20, 2013 | Author : nermeenqaz | Rating :
Total Views : 2851
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Explaining importance of IPR, How will you feel , if your idea is used by someone else and is taking all the credit for it
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Judicial Accountability
Published : November 17, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 3240
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My poignant thesis may well be set down in the beginning itself. Judicial accountability is now a catchphrase in many countries. The word ‘ Judicial’ , as defined in the Black’s Law Dictionary, means ‘belonging to the office of a judge’ and the word ‘accountable’ means ‘responsible’. It is thus known that ‘ Judge is responsible for his own judicial act.’ Accountability is the sine qua non of democracy. The concepts of judicial review and judicial accountability, which are similar, and both emanate from the basic premise that power corrupts and absolute power corrupts absolutely. Judicial objectivity should not be taken to mean value neutrality. Generally, in our country, the attitude towards a Judge can aptly be termed as ‘reverential’. Karl Marx said, ‘man is made by his environment
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Basic Principles and Rules of Law of Evidence
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 2858
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Our Law of Evidence is totally based on The English Law of Evidence. The great mass of rules and principles of the English Law of Evidence are codified. In the case, Parasram vs Mewa Kunwar, it was held that '' Rules of Evidence are retrospective in their operation.'' That too, another view observed in Gardner's case is that '' the Law of Evidence is law of mere procedure and does not affect substantive rights and therefore '' alteration in form of procedure are always retrospective, unless there is some good reason or other why they should not be''
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Can the doctrine of lis pendens prevail over the rule of res judicata
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 4849
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Lis pendens and res judicata are the Latin terms. It can be abbreviated as '' Lis pend'' . ''Lis'' means an action or a suit. ''pendens'' means is continuing or pending. It is thus known that Lis pendens means a pending action. More so, ''Lis alibi pendens'' means a suit pending elsewhere. ''Lis mota'' means a Court action that has set in motion.
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Guidelines On Arrest Of Women And Judicial Officers
Published : November 16, 2013 | Author : YSRAO JUDGE | Unrated
Total Views : 2465
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Chapter V of Criminal Procedure Code,1973 deals with ''Arrest of persons''. To know about guidelines to be followed before arrest, it is essential to refer the ruling Joginder Kumar vs State of Utter Pradesh . To know more as to guidelines during arrest, it is necessary to refer the decison D.K.Basu vs State of West Bengal . Further, to know about guidelines after arrest, it is essential to refer the ruling Sunil Batra vs Delhi Administration , Prem Shankar Shukla vs Delhi Administration and D.K.Basu's case. A fortiori, it is also necessary to see Article 20(3) of Indian Constitution, the provisions of Criminal Procedure Code,1973 relating to arrest, Article 7 of International Covenant on Civil and Political Rights,1966 and National Human Rights Commission guidelines on arrest and National Police Commission: Third report etc
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Release of Vehicles by Magistrate In Excise and Forest Cases
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 7787
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Only when the vehicle involving in a forest offence is seized by the police authorities and is produced before the Magistrate and no confiscation proceeding is pending then and then only the Magistrate would have jurisdiction to pass any order in exercise of power u/S. 457, Cr. P.C.
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Word History of Mortgage in India
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 3259
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It seemed to Sir Edward that it had to do with the doubtfulness of whether or not the mortgagor will pay the debt. When there is a dubiety of whether or not the person will pay the debt , there must be a condition. This etymology is the basis for the word ‘ Mortgage’. If mortgagor does not pay the debt, it is dead to him upon condition. If mortgagor does pay the debt, then the pledge/ mortgage is dead with regard to mortgagee. The word ‘mortgage’ is linked to phrase ‘ as security for performance of an obligation or repayment of a debt’. The giving of property, usually immovable property, as security to a creditor for payment of a debt. In another sense, it is a deed pledging the security.
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Law and Social Change in India
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 6334
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social change evinces dimension of some of the characteristics of a group of people. If any action which affects a group of people who shared values or characteristics can also be said as social change
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Sale of Immovable Property
Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 4574
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Adjudicatory bodies ensue the law, equity, principles of natural justice and good conscious. The word Execution is not defined in Code of Civil Procedure,1908 (herein after referred as CPC). The word Execution can.
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