“Law without justice is a wound without a cure.”-William Scott Downey. In India, the Anglo-Saxon system based on the adversarial trial method is followed and its basic premise is that even if a thousand guilty persons escape punishment, no one innocent should be punished and every man is presumed to be innocent until he is …
Role Of Public Prosecutors Vis–A–Viz Low Conviction Rate Read More »
The article reflects the relationship between the Indian judiciary system and the requirement for tribunals. The power of ordinance promulgation is the power of the President under Article 123(1) of the Indian Constitution. Tribunals have always remained a topic of discussion and scrutiny. The article reads about the need and features of the ordinance. Like …
Generally when the Court assumes the presence of a reality that is known as presumption. With the guide of presumption, a gathering in whose favour a presumption is made gets erased from the underlying weight of verification. The court assumes the presence of the reality in support of himself and may follow up on it …
“If I can love myself despite my infinite faults, how can I hate anyone at the glimpse of few faults”– Alexander the Great. It is said that whoever has the utmost power, ends up committing some atrocities or cruelty against humanity. Handling power with the truest of intention and integrity is hard and seems impossible …
The ascertainment of the means of a writing; the skill of finding out of the real sense of any form of words, that is the sense in which their author deliberate to convey, and of authorizing others to extract from them the same idea which the author intend to convey; the art of finding out …
The caste system has been an inseparable part of Indian society which acts as a prominent dividing factor at both vertical as well as horizontal levels. This system has affected the reach of certain socially backward classes to basic resources and their freedom to choose their occupations and hence ultimately affecting various fundamental rights including …
The Scheduled Castes &The Scheduled Tribes Act, 1989 Read More »
“Law” is considered to be an enactment of “rule” by a competent authority that possesses power above the subjects. In order to uphold and execute the rules set by the authority, laws can be classified into: (1) Substantive laws that define the wrongful acts and offences and the sanctions for those acts and (2) Procedural …
A Study of Functionaries under the Code of Criminal Procedure, 1973 Read More »
The Civil Procedure Code, 1908 has defined the meaning of the term Foreign Courts and Foreign Judgments in detail. According to the Code, “Foreign Courts means a Court situated outside India and not established or continued by the authority of the Central Government” [1] and “Foreign Judgments means the judgment of a foreign Court” [2]. …
Harmony makes small things grow, lack of it makes great things decay. – Sallust Introduction to Interpretation Laws are drafted and enacted by the legal experts to keep the society in serenity to avoid conflicts to a great extent. But we often see that certain laws don’t have a specific meaning and contain ambiguous …
Analysis of the Doctrine of Harmonious Construction Read More »
The doctrine of res judicata is a fundamental concept of every legal system which entails a definitive modus operandi for the judicial body, adjudicating and resolving disputes. Res Judicata is a term that has originated from a Latin maxim that stands for ‘the thing has been judged’. It is based on the principles of justice, …
ANALYZING THE DOCTRINE OF RES JUDICATA UNDER INDIAN CONTEXT Read More »