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Total result found : 893
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Article 21 - the omnibus article
Published : June 30, 2012 | Author : shivam goel | Rating :
Total Views : 2980
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Broadly speaking, the doctrine of separation of powers has not been expressly provided for in the Constitution of India, the Suprema Lex, but less to say it can be made out from the scheme of the Constitution...
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The Double Tax Avoidance Agreement between India and Mauritius
Published : June 29, 2012 | Author : abhishek0172 | Unrated
Total Views : 1873
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The Double Tax Avoidance Agreement ( herein referred as “DTAA”) entered into between India and Mauritius provides for potential tax exemption to the foreign investors because of which Mauritius is considered as one of the preferred route for making investments into India, which exempts capital gains tax arising on sale of shares of an Indian company...
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Family Smoking Prevention & Tobacco Control Act, 2009
Published : June 26, 2012 | Author : mini.anshuman | Unrated
Total Views : 10327
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The Family Smoking Prevention and Tobacco Control Act, 2009 is a comprehensive piece of legislation on tobacco control in the US and its provisions can be studied to serve as a guiding light to frame tobacco control laws in other countries as well....
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Packaged by Law
Published : June 24, 2012 | Author : mini.anshuman | Rating :
Total Views : 13551
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The Standards of Weights and Measures (Packaged Commodities) Rules 1977 has been replaced in 2011 by the The Legal Metrology (Packaged Commodities) Rules, 2011...
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The Road to Becoming Parents
Published : June 24, 2012 | Author : mini.anshuman | Rating :
Total Views : 9674
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The Indian law on adoption is not well structured, specially for most communities other than Hindus. The Hindu law is also not free from loopholes. However, the recent CARA guidelines are a step in the positive direction and are opening up both the minds and hearts of society towards adoption....
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Commercial Surrogacy
Published : June 22, 2012 | Author : shriyamisra | Unrated
Total Views : 2610
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This essay examines whether issues arising out of commercial surrogacy can be adequately addressed by contract law, the different and distinct questions posed by commercial surrogacy agreements, the evolution by Courts of a best interest of the child test, and the case for regulation of commercial surrogacy...
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Whistleblower Protection In India
Published : June 20, 2012 | Author : lipi.thapliyal | Rating :
Total Views : 3843
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An analysis of the current form of Public Interest Disclosure and Protection of Persons making disclosure Act, 2010, pending in Rajya Sabha...
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Access To Justice Civil Law & Common Law
Published : June 17, 2012 | Author : anantgupta93 | Unrated
Total Views : 1695
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The two major legal systems, which I am going to compare, are, Civil Law legal system & Common Law legal system....
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Whether Section 324 Of IPC Is Bailable Or Non-Bailable
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 13944
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If you go through Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) which says section 324 of Indian Penal Code,1860 is non-bailable offence..
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The Deed of Mortgage
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 4292
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In India, section 55 of the Transfer of Property Act,1882 explains for the relevant convenants and under section sub section 2 of section 55 of the Transfer of Property Act,1882, the benefit of the covenants run with the land and can be enforced by the transferees for time to time...
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Succession Certificate
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 8637
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A succession certificate, strictly speaking, does not effect adjudication of title of the deceased far less than that of the holder as regards the debts and securities covered thereunder. Yet, simply to afford protection to the parties paying the debts...
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Disposal of Civil Cases: Perestroika
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated
Total Views : 2446
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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...
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Framing of Issues
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 4328
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When one party affirms and other party denies a material proposition of fact or law, then only issues arise. If there is no specific denial, the question of framing issue does not, generally, arise. Material propositions are those propositions of law or fact...
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Remand should not be made Mechanically
Published : June 16, 2012 | Author : YSRAO JUDGE | Unrated
Total Views : 2738
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Article 22 (1) gives person arrested a twofold protection, viz. (1) that an arrested person shall not be detained in custody without being told the grounds of such an arrest and (2) that he shall be entitled to consult and to be defended by a legal practitioner of his choice. Article 22 (2)...
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The Trial Judge: His Power
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 1809
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We all know that the trial judge is really on trial. there is, of course, no doubt that as a matter of law if the appraisal of the evidence by the trial court suffers from a material irregularity or is based on inadmissible evidence or on a misreading of the evidence or on conjectures and surmises the appellate court is entitled to interfere with the finding of fact . in jagdish singh vs madhuri devi, decided on 28 april, 2008...
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The Law Relating To Injunctions
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 13734
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The granting of perpetual Injunctions is regulated by the Specific Relief Act, while temporary or, as they are sometimes called, interlocutory Injunctions, which are simply intended to preserve the status quo pending the decision, and which may be granted at any period of a suit, are treated as of the nature of procedure and are therefore regulated by the Code...
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Right to Free Legal Aid
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 2370
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The preamble of the Indian constitution basically aims to secure to the people of India justice – socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law...
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Police and You
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 2002
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The word police has its origin in the Latin word politia, which means, civil administration. The word, politia too, is a derivative of a Greek word polis, interpreted as city in English. The power of a police officer lies in his ability to enforce the law. Despite the rules governing the duties of a police officer differ from country to country...
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Formation of New States In India
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 2326
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One of special features of the Union of India is that the union is indestructible but the power conferred on Parliament includes the power to form a new state or union territory by uniting a part of any State or Union territory to other State or Union territory. The identity of States can be altered or even expunged by the Parliament. The Constituent Assembly declined a motion in concluding stages to designate India as Federation of States...
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Basic Principles & Rules of Law of Evidence
Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 9040
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Judge should decide a case only on accepted principles of law. The precepts of law is to live honorably, not to injure another. According to Spencer's formula of justice, The liberty of each limited only by the like liberties of all. Wards formula is The satisfaction everyone's wants so far as they are not outweighed by other's wants...
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