Thursday, November 30, 2017
Legality of US Missile on Syria
Legality of US Missile on Syria
The legality of the US missile attacks on Syria is under question. Through this paper attempts have been made to identify the reasons for the US attacks on Syria and test its legality.
The legality of the US missile attacks on Syria is under question. Through this paper attempts have been made to identify the reasons for the US attacks on Syria and test its legality.
Sunday, November 26, 2017
Right to Information and Impact on Administration
Right to Information and Impact on Administration
India always took pride in being the largest democracy, but with the passing of the Right to Information Act 2005, it has also become an accountable, interactive and participatory democracy. This Act is applicable to the whole nation except the state of Jammu and Kashmir.
The United Progressive Alliance (UPA) Government headed by Dr. M Manamohan Singh got the approval by the Parliament after speedy and marathon discussion. The earlier freedom of information act 2002, has got the assent of the President of India, but did not notify and finally replaced with the RTI act, it came in to force on October 12, 2005 and on the same day Mr.Shahid Raza Burney filed the very first RTI application in Pune Police station. The RTI act successfully completed ten years in 2015. Popularity of this act and users of this law is rapidly increasing year by year.
India always took pride in being the largest democracy, but with the passing of the Right to Information Act 2005, it has also become an accountable, interactive and participatory democracy. This Act is applicable to the whole nation except the state of Jammu and Kashmir.
The United Progressive Alliance (UPA) Government headed by Dr. M Manamohan Singh got the approval by the Parliament after speedy and marathon discussion. The earlier freedom of information act 2002, has got the assent of the President of India, but did not notify and finally replaced with the RTI act, it came in to force on October 12, 2005 and on the same day Mr.Shahid Raza Burney filed the very first RTI application in Pune Police station. The RTI act successfully completed ten years in 2015. Popularity of this act and users of this law is rapidly increasing year by year.
Judicial Approach towards the Rights of Elderly Persons
Judicial Approach towards the Rights of Elderly Persons
Older people should have access to adequate food, water, housing, clothing and health care, through income, support from their families and the community, and their own self-sufficiency and have the opportunity to work or have access to other possibilities of obtaining income.
They should be able to participate in determining when and to what extent they will stop performing work activities. They should have access to appropriate educational and training programs. And have the possibility to live in safe environments that are adaptable to their personal preferences and their continually changing abilities. They should be able to reside in their own home for as long as possible.
Rights of elderly people
Older people should have access to adequate food, water, housing, clothing and health care, through income, support from their families and the community, and their own self-sufficiency and have the opportunity to work or have access to other possibilities of obtaining income.
They should be able to participate in determining when and to what extent they will stop performing work activities. They should have access to appropriate educational and training programs. And have the possibility to live in safe environments that are adaptable to their personal preferences and their continually changing abilities. They should be able to reside in their own home for as long as possible.
Wednesday, November 22, 2017
Female Genital Mutilation
Female Genital Mutilation
Though this practice is an offence under section 320, 322, 334, 335,336,337, 338 and 340 of Indian Penal Code which is a general law and there is no specific law on the subject further aggravates the problem.
Though this practice is an offence under section 320, 322, 334, 335,336,337, 338 and 340 of Indian Penal Code which is a general law and there is no specific law on the subject further aggravates the problem.
Thursday, November 09, 2017
Doctrine of Res Gestae
Doctrine of Res Gestae
S. 6 of the Indian Evidence Act states;
“Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place of at different times and places”
S. 6 of the Indian Evidence Act states;
“Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place of at different times and places”
Does Section 375 of IPC Include Marital Rape
Does Section 375 of IPC Include Marital Rape
In Bishnudayal v. State of Bihar, where the victim, a girl of 13 or 14 years of age, who was sent by her father to accompany the relatives of his elder daughter’s husband to look after her elder sister for some time, was forcibly ‘married’ to the appellant and had sexual intercourse with her, the accused was held liable for rape under section 376 of IPC.
In Bishnudayal v. State of Bihar, where the victim, a girl of 13 or 14 years of age, who was sent by her father to accompany the relatives of his elder daughter’s husband to look after her elder sister for some time, was forcibly ‘married’ to the appellant and had sexual intercourse with her, the accused was held liable for rape under section 376 of IPC.
Cognizance by a Magistrate: Meaning and Concept
Cognizance by a Magistrate: Meaning and Concept
Section 190 of the criminal procedure code provides that any magistrate of the first-class and any magistrate of the second-class specifically empowered by the Chief judicial Magistrare can take cognizance of any offence on the following grounds
· upon receiving a complaint
· upon a police report
· upon information received from any person other than a police officer or upon his own knowledge that such offence has been committed
Section 190 of the criminal procedure code provides that any magistrate of the first-class and any magistrate of the second-class specifically empowered by the Chief judicial Magistrare can take cognizance of any offence on the following grounds
· upon receiving a complaint
· upon a police report
· upon information received from any person other than a police officer or upon his own knowledge that such offence has been committed
Social Context Adjudication: Relevance for Trial Courts
Social Context Adjudication: Relevance for Trial Courts
The object of this article is to examine and emphasize the relevance of social context adjudication for trial courts and magistrates. "Social context"must not be ignored in adjudication, especially in an adversarial system where the judge is not an active participant of the judicial proceedings. India being unique in terms of diversity is also unique in terms of the inequalities prevalent in all systems: caste, religion, gender to name a few. It is in this context that "social context" judging or adjudication becomes all the more important.
The object of this article is to examine and emphasize the relevance of social context adjudication for trial courts and magistrates. "Social context"must not be ignored in adjudication, especially in an adversarial system where the judge is not an active participant of the judicial proceedings. India being unique in terms of diversity is also unique in terms of the inequalities prevalent in all systems: caste, religion, gender to name a few. It is in this context that "social context" judging or adjudication becomes all the more important.
Tuesday, November 07, 2017
Aliens In The Mist, Seeking The Legality of Undocumented Identities
Aliens In The Mist, Seeking The Legality of Undocumented Identities
Whole world is a global village. The wings of liberalisation privatisation and globalisation have enabled the whole world to fly unfettered. The series of economic transactions have not only led to flow of goods and capital but also of humans.
Whole world is a global village. The wings of liberalisation privatisation and globalisation have enabled the whole world to fly unfettered. The series of economic transactions have not only led to flow of goods and capital but also of humans.
Logical Relevancy And Legal Relevancy of Facts
Logical Relevancy And Legal Relevancy of Facts
"Every fact that is legally relevant is also logically relevant but every logically relevant fact may not be necessarily legally relevant."
"Every fact that is legally relevant is also logically relevant but every logically relevant fact may not be necessarily legally relevant."
Friday, November 03, 2017
Decoding: Article 35-A
Decoding: Article 35-A
In the mid 20th century, the representatives to the Constituent Assembly of J&K requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State.
Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only
In the mid 20th century, the representatives to the Constituent Assembly of J&K requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of Accession should be applied to the State.
Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the Central Government would be applied to Jammu and Kashmir only
