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Meghalaya High Court

Meghalaya High Court

Objective of res judicata

Res Judicata - A Brief Study

Objective of res judicata
The doctrine of res judicata is based on three maxims:
a) Nemo debet bis vexari pro una et eadem causa ( no man should be punished twice for the same cause)

b) Interest reipublicae ut sit finis litium (it is in the interest of the state that there should be an end to a litigation)

c) Res judicata pro veritate occipitur (a judicial decision must be accepted as correct)

Thus, the doctrine of res judicata is the combined result of the public policy reflected in maxims (b) and (c) and private justice expressed in the maxim (a), and they apply to all judicial proceedings whether civil or criminal.

Karta of a Family / Hindu Law

Karta of a Family / Hindu Law

Powers of Karta:-
With in joint family Karta has vast powers with limitations.
1) Power of management:- He is the head of the family, his management powers are absolute. He may manage the family affairs and family property and business the way he likes for the benefit of estate, no one can question his management.

2) Right to Income:- It is general rule that all members who works or do business out of joint family property must hand over income to Karta. It is for Karta to allot funds to the members and look after needs and requirements, so long as family remains joint, no member can ask for any specified share in the income.

International war crimes

International war crimes
War crimes are crimes committed in violation of international Humanitarian law .According to this law, in conduct of hostilities the opposing forces are to be governed by three principles: necessity, humanity and chivalry. Necessity ensures that only conduct essential

Female Juvenile: Law and Society

Female Juvenile: Law and Society
The juvenile crimes are just few of the reasons which turn the teenagers into criminals there are many more to it like parental neglect, addiction to drugs, unemployment, poverty , love revenges and abundance of alcohol. The issue of juvenile crime should be paid more attention and some solution should be brought to it.

Contra Proferentem - My Piece of cake

Contra Proferentem - My Piece of cake
Onion’ business is the field in which one wants to put his hand on to. Ultimately the end target is to dictate terms in the market and to fetch the maximum benefit. This is the condition of the today’s corporate world, where the corporate giants assessing the situation, dictate their terms for due compliance by the ‘smaller fishes’ in the market.

Supreme Court of Appeal, South Africa

Supreme Court of Appeal, South Africa
The Supreme Court of Appeal is based in Bloemfontein, which is the Judicial Capital of South Africa. It is the highest court which has the final say on all matters, except those that involve the constitution. For example, all criminal appeal cases from the High Court end up in this court, unless the appeal relates to a point of constitutional law, in which case the Constitutional Court has the final say. The Supreme Court of Appeal used to be called “The Appellate Division”, as it only hears cases on appeal.

The Court of Cassation

The Court of Cassation: is the highest court in the French judiciary. Civil, commercial, social or criminal cases are first of all tried in courts of first instance (tribunaux d’instance and tribunaux de grande instance, commercial courts, employment tribunals [conseils de prud’hommes]

u.c.c based Indian civil code

u.c.c based Indian civil code
In India all our family laws are determined by the religion of the parties concerned Hindus, Sikhs, Jains and Buddhists come under Hindu law and Muslims and Christians have their own laws. Muslim law is based on the Shariat Act. The personal laws of other religious communities were codified by an Act of the Indian Parliament. Other sets of criminal laws and civil laws on Contract, Evidence, Transfer of property, Taxation were also codified in forms of legislation .Laws of taxation are also same for all except Hindu undivided family in a single person category.

Madhusudan Law College

Madhusudan Law College
It was only when late Utkal Gourab Madhusudan Das, offered his honorary service as a part-time Lecturer that the scenario of legal education remarkably changed. However, non-availability of adequate students resulted in the suspension of the course for about 12 years i.e. from 198 to 1920, The credit for the reopening of the course totally goes to late Ashutosh Mukherjee, the then Vice-Chancellor of Calcutta University who was a student of Utkal Gourab Madhusudan Das

Indian Constitutionalism

Indian Constitutionalism
In other words, Constitutionalism is a political philosophy in which the functions of government of a state must be in accordance with the provisions of the constitution meaning thereby the actions of government must reflect constitutionality.

Shillong Law College

Shillong Law College

Companies Act 1956 and Company Bill 2011

Companies Act 1956 and Company Bill 2011
In comparison to companies’act1956, the new Bill which is known as the company Bill 2011 has 470 clauses and 7 schedules with the aim of achieving economic growth of country and recognized the corporate responsibility etc. Further some provisions like several corporate governance and disclosure norms are included in the Bill to avoid recurrence of corporate scandals such as the alleged accounting fraud by the promoters of the erstwhile Satyam Computer in 2009.

FDI in Retail Sector

FDI in Retail Sector
One of the most striking developments in the last two decades has been in the FDI in the global economic landscape. FDI provides a win-win situation both to the host as well as home country. The rapid expansion in the FDI by multi-national enterprises since the mid-eighties may be attributed to significant changes in technologies, greater liberalization of trade and investment regime, deregulation and privatization of markets in many countries including developing countries like India.

Sexual Harassment at work place

Sexual Harassment at work place

In India Sexual harassment has been termed as "Eve teasing" and is described as: unwelcome sexual gesture or behavior whether directly or indirectly as sexually colored remarks; physical contact and advances; showing pornography; a demand or request for sexual favors; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the unwelcomed behavior, thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator.

MTP Act - The Flag Bearer of Unconstitutionality

MTP Act - The Flag Bearer of Unconstitutionality - Author: Pritish Kishore

In order to understand the basis on which the MTP Act is premised, it is necessary to identify the two main driving forces behind the Act, those being:

1) Those who were proponents of family planning and population control and saw the legalization of abortion as a potential way of lowering the birth rate.

2) Those who were concerned with abortions being conducted by non-qualified, untrained and ill-equipped medical practitioners under unhygienic conditions and therefore were concerned with the health factor.

Indra Sawhney & Others Vs.Union of India

Indra Sawhney & Others Vs.Union of India

i. Who will be designated as a backward class people for the purpose of this section? &

ii. Who will be treated to be inadequate in the employment under State?

Because there were no suitable answers of these two questions given under the provision of the Constitution. By taking this advantage the ruling party who were in the power at Centre utilised this provisions for their own political benefit. But this case (which is also famously known as MONDAL COMMISSION’S case) plays an important role to find out the answer of these two questions. So it is very important for us to know the fact, issue, findings & judgement of this case which are going to be discussed on subsequently. 

Problems and Challenges before Law Teachers in India

Problems and Challenges before Law Teachers in India

The social setting for law teaching and research in India
According to Prof, Upendra Baxi, the generally known facts concerning legal education are these. First, there has been a phenomenal quantitative expansion of entrants to legal education. Second, the bulk of LL.B and LL.M education is not whole-time but part-time. Third, the bulk of LL.B education is imparted by law colleges, with poor teaching and library resources. Fourth, the number of university departments in law, although on the increase, is comparatively smaller than in other social science fields, and the law departments are generally low-priority items for funding. Fifth, mass education in law has meant decline over control of admissions, decline in standards of teaching and evaluation, and a pervasive demoralization of full-time law teachers, whose number is still smaller than that of part-time law teachers. Sixth, the expansion of legal education has brought with it the adoption of regional languages as medium of instruction and examination in the LL.B and even LL.M level

Constitutional vires of laws relating to Organized Crime: State of Maharashtra v. Bharat Shantilal Shah and Ors

Constitutional vires of laws relating to Organized Crime: State of Maharashtra v. Bharat Shantilal Shah and Ors

Constitutional vires of laws relating to Organized Crime: State of Maharashtra v. Bharat Shantilal Shah and Ors: Criminal Writ Petitions were filed before the Bombay High Court by three persons aggrieved by arrest and registration challenging the constitutional validity of the Maharashtra Control of Organized Crime Act, 1999

A Legal Perspective on Public Private Partnerships in India

A Legal Perspective on Public Private Partnerships in India

Infrastructure development is crucial in fostering economic growth of a nation. With increase in globalization certain infrastructure availability has essentially become more of a public amenity which the government seeks to endure for its citizens. In the nation stages of the growth of Indian economy for a number of social, economic and political reasons the involvement of the private sector was very limited in this area. Various stake holders hold different perspectives regarding the concept of public private partnership. Some construe PPP as a mere instance of private investment in governmental undertakings whereas others consider that PPP comprises of all interactions between the public sector and the private sector from investment to policy dialogues and collaboration to private provision of assets and services.

Delimitation of continental shelf

Delimitation of continental shelf
Under Article 1 of Geneva convention on law of sea’ the continental shelf is the sea bed and sub soil of the submarine areas adjacent to the coast, but outside the area of territorial sea, to a depth of 200 meters or beyond the limit, to where the depth of 200 meters or beyond that limit, to where the depth of the superjacent waters admit of the exploitation of natural resources of the said area”

Remedial and Penal Statutes

Remedial and Penal Statutes
Remedial statutes and statutes which have come to be enacted on demand of the permanent public policy generally receive a liberal interpretation. On constructing a remedial statute the courts ought to give to it ‘the widest operation which its language will permit. They have only to see that the particular case is within the mischief to be remedied and falls within the language of the enactment.

In search of True Alternative to existing Justice Dispensing System in India

In search of True Alternative to existing Justice Dispensing System in India
For the efficient functioning of any legal system fundamental requisite is that such system shall be built on the aspirations of the people, law or legal system for that matter will not work in vacuum, for this reason surrounding social conditions will be the deciding factors for adoption or for bringing any change in the legal system. Unfortunately in a developing country like India it is considered to be normative practice to find the solution for our problems (legal) in western jurisprudential thought and practices (it is true at least in regard to Legal restructuring is concerned). In India with a view to overcome the problems of ‘formal legal system’ serious attempt were made and continued to be made, as result of which there is adoption of Alternative Dispute Resolution System of Anglo-Saxon style in this country. Thus, post-emergency, the dominant theme of legal reform was translated into sponsoring relatively informal, conciliatory, and alternative institutions alongside the formal judicial mechanism. The early 1980s saw a concerted effort to promote a more indigenous character within the justice dispensing system, and to provide alternatives to the Anglo-Saxon models of adjudication.

Genocide In Modern Times

Genocide In Modern Times
"Genocide" derives from the Greek "genos," meaning "race, nation, or tribe," and from the Latin "caedere," meaning "to kill." The Nuremberg trials (1945-1946) did not widely employ the term "genocide." It was one Raphael Lemkin first proposed the term "genocide" in his 1944 book “Axis Rule in Occupied Europe”. Within months of its origin, the word started being used widely. Raphael Lemkin was a Polish-Jewish lawyer whose family was decimated by the Nazis.

Legal Protection of Consumers' Choice From Deceptive Advertising

Legal Protection of Consumers' Choice From Deceptive Advertising

In the good olden days the principle of ‘caveat emptor’, which meant buyer beware governed the relationship between seller and buyer. In the era of open markets, buyer and seller came face to face, seller exhibited his goods, and buyer thoroughly examined then and then purchased them. It was assumed that he would use all care and skill while entering into transaction.

Married womans right over spousal property

Married womans right over spousal property
Theoretically the couple were the joint owners of the household as well as owner of other types of property. At the time of marriage husband had to solemnly declare that he would not violate the right and interest of his partner in economic matters. The joint ownership secured her numerous rites and privileges. “It invested her with an absolute right of maintenance against her husband.” Some ancient lawgivers even permitted the wife to go to Court to restore misappropriated property from her wily husband.

The Supreme Court of England

The Supreme Court of England

The Supreme Court, as well as being the final court of appeal, plays an important role in the development of United Kingdom law.

As an appeal court, The Supreme Court cannot consider a case unless a relevant order has been made in a lower court.

The Supreme People's Court of China

The Supreme People's Court of China
The president of the Supreme People's Court is elected by the NPC and remains in office for no more than two successive terms with each term of five years. The deputy presidents of the Supreme People's Court, members of the judicial committee, presiding judges of affiliated courts and their deputies, and judicial officers are appointed and recalled by the Standing Committee of the NPC.

The Supreme Court of Canada

The Supreme Court of Canada

The Canadian judicial system may be seen as constituting a pyramid, with a broad base formed by the provincial and territorial courts whose judges are appointed by the provincial and territorial governments. Judges at all the other levels are appointed by the federal government. At the second level, there are the provincial and territorial superior courts. Judgments from the superior courts may be appealed to the next level, being the provincial or territorial courts of appeal. As well, there are the federal courts: the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and the Court Martial Appeal Court. Unlike the provincial superior courts, which exercise inherent jurisdiction, the jurisdiction of these courts is defined by statute and encompasses matters falling within the competence of the federal government. Finally, the Supreme Court of Canada sits at the top of the pyramid, being Canada's final court of appeal.

Supreme Court of Bangladesh

Supreme Court of Bangladesh

The judicial system of the then India was reorganized by introducing the Indian High Court's Act 1861 by which High Courts were established, abolishing the Supreme Courts at Fort William (Calcutta), Madras and Bombay, and the High Courts established were conferred with Civil, Criminal, Admiralty, Testamentary, Matrimonial jurisdictions with Original and Appellate Jurisdiction. With the transfer of power from the British Parliament to the people on division of the then India, the High Court of Bengal (order) 1947 was promulgated under the Indian Independence Act, 1947, and the High Court of judicature for East Bengal at Dhaka was established as a separate High Court for the then East Pakistan and the said High Court was commonly known as the Dhaka High Court and the same was vested with all Appellate, Civil and Original jurisdictions. With the enforcement of the Constitution of Islamic Republic of Pakistan in 1956, the Supreme Court of Pakistan was established as the apex Court of the country, consisting of East Pakistan and West Pakistan, in place of Federal Court, with the appellate jurisdiction to hear the decisions of the High Courts established in the provinces of the Pakistan. The Dhaka High Court had the jurisdiction to issue writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, with further authority to declare any law promulgated violating the provisions of the Constitution as bad and void.