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Showing posts from October, 2018

What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s
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Qualifications, Appointment, Tenure & Removal of Supreme Court Judges

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Qualifications, Appointment, Tenure & Removal of Supreme Court Judges Article 124 of the Indian Constitution provides for the establishment and constitution of Supreme Court of India, which is the apex court of India. It was established on 28th January, 1950 that is two days after the commencement of the Constitution. Article 124(1) - "There shall be a Supreme Court of India consisting of a chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other Judges." The Parliament is competent to increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only seven Judges. The Parliament has increased the number of Judges from time to time. As in 2014, there are 29 judges besides the Chief Justice who is also called the Chief Justice of India. The sanctioned strength of the judges is 31, consisting of the Chief Justice and 30 other Judges. Appointment of Judges :-
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Basic Characteristics of Indian Economy

Indian economy is an under developed economy in which Agriculture is the back bone of Indian economic. 60% of Indian's population are on the below poverty line. Mineral resources are not fully utilized. We are selling iron ore by trucks and getting blades by packets. Majority of the people of India are leading a poverty line. Indian economic is affected by it. Countries which are on the part of progress and which have their potential for development are called developing economy. So India is termed as developing economy by modern views. The important features of Indian Economic:- 1.Low per capita income: Indian economy is Under developed economy that is characterized by by low per capital income. India per capital income is very low as compared to the advanced countries. For example the capital income of India was 460 dollar, in 2000. Where as their capita income of U.S.A in 2000 was 83 times than India. This trend of difference of per capita income between under d
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Rule of Law: Meaning and Object

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Rule of Law Meaning: The Rule of Law is one of the pillars of democracy. It means the rule of the Government is according to the procedure established by law, not according to mercy of the executive. Lord Hewart defined it as "supremacy or the preponderance of law as against arbitrariness". According to Professor Dicey the main features of the rule of law are: (a) Absence of arbitrary power on the part of the Government. It means that the state must make a distinction between regular and arbitrary power. (b) It guarantees the equality before the law. Dicey says, "not only that no man is above the law", but is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals". (c) "The Constitution is part of the ordinary law of the land". The rule of law is a basic structure of the Constitution apart from democracy. The rule of law postulates the pervasiveness of the spirit of law throughout
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Administrative Law: Definition, Purpose and Sources

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Definition: There is a great divergence of opinion regarding the definition of the concept of the administrative law. This is because of the tremendous increase in the administrative process that it makes impossible to attempt any precise definition of administrative law which can cover the entire range of the administrative process. Hence, one has to expect differences in scope and emphasis in defining the administrative law. This is true not only due to the divergence of the scope of the subject in the continental and Anglo-American legal systems. However, two important facts should be taken into account in an attempt at understanding and defining the administrative law. Firstly, administrative law is primarily concerned with the manner of exercising Governmental power. The decision-making process is more important than the decision itself. Secondly, administrative law can not fully be defined without due regard to the functional approach. This is to mean that the funct
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Administrative Tribunal: Defination, Characteristics, Criticisms and Categories

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There are a large number of laws, which charge the Executive with adjudicatory functions, and the authorities so charged are, in the strict scene, administrative tribunals. Administrative tribunals are agencies created by specific enactments. Administrative adjudication is a term synonymously used with administrative decision-making. The decision-making or adjudicatory function is exercised in a variety of ways. However, the most popular mode of adjudication is through tribunals. Definition of Tribunal: Tribunal is a quasi-judicial institution that is set up to deal with the problems such as resolving administrative or tax related disputes. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. Main characteristic of Administrative Tribunals: Administrative Tribunal is a creation of a statute. An Administrative Tribunal
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Public Corporation: Meaning, Features and Advantages

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Meaning of Public Corporation: A public corporation is that from of public enterprise which is created as an autonomous unit, by a special Act of the parliament or the state Legislature. Since a public corporation is created by a statute; it is also known as a statutory corporation. The statute defines the objectives, powers and functions of the public corporation. Life Insurance Corporation of India, the Indian Airlines, the Air India International, Oil and Natural Gas Commission etc. are some examples of public corporations, in India. Features of Public Corporation: Following are the salient features of a public corporation: (i) Special Statute: A public corporation is created by a special Act of the parliament or the State Legislature. The Act defines its power, objectives, functions and relations with the ministry and the parliament(or state Legislature). (ii) Separate Legal Entity: A public corporation is a separate legal entity with perpetual succession an
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Rule of Law and Administrative Law

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Meaning and Origin:-  The rule of law is product of centuries of struggle of the people for the recognition of their inherent rights. In classical Greece Aristotle wrote that "law should be the final sovereign". In 1215, the Magna Carta checked in the corrupt and whimsical rule of king John by declaring that Government should not proceed except in accordance with the law of the land. During the thirteenth century, Thomas Aquinas argued that rule of law represents the natural order of God as ascertained through divine inspiration and human resource. In the seventeenth century, the English jurist Sir Edward Coke asserted that the "king ought to be under no man, but under God and the law." Despite in ancient history,the rule of law is not celebrated in all quarters. The English philosopher Jeremy Bentham described the rule of law " nonsense on stilts." The twentieth century has seen political leaders who have oppressed disfavoured persons or groups, w
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Fundamental Duties

INTRODUCTION:- Prior to the 42th amendment of the constitution which came into force on 1st February,1977,there was no provision in the constitution dealing with the fundamental duties of a citizen.This article for the first time specifies a code of ten fundamental duties for citizens.Article 51A says that it shall be the duty of every citizen of India.                               1)To abide by constitution and respect its deal and institutions the national flag and national anthem.                                                                              2)To cherish and follow the noble ideas which inspired our national struggle for freedom.      3)To uphold and protect the sovereignty,unity and integrity of India.                                       4)To defend the country and render national service when called upon to do so.                    5)To promote harmony and the spirit of common brotherhood amongest all the people of India transcending religious, linguis
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Public Interest Litigation (PIL)

ORIGIN :-  Roman law,"Actio popularis" which permits anyone in society to initiate an action for public in the court of law.                                       GENERAL MEANING: - PIL is a litigation which a selfless citizen and an organisation having no personal motive of any kind except either compassion for the weak and disabled or deep concern for stopping serious public injury approaches the court either for-----                              1)Enforcement of fundamental rights of those who genuinely do not have adequate means of access to the judicial system. or                                                                                                 2)Extending benefit of the statutory provisions incorporating the DPSP to those who are deprived of the same. or                                                                                           3)Preventing or annulling executive acts, omission violative of the constitution or the law of land.
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Writ Jurisdiction

Writ Jurisdiction Introduction :-  In common law writ is a formal written order issue by a body with administrative or judicial jurisdiction.  Writ filed in High Court as well as Supreme Court. In High Court, writ can file  under Article 226 of the Indian constitution. In Supreme Court, wtit can file under Article 32 of the Indian constitution. Various forms of the Writ:- 1. Write of Habeas Corpus. 2. Write of Quo Warranto. 3. Write of Mandamus. 4. Write of the Certiorari.  5. Write of Prohibition. Write of Habeas Corpus :- The Latin term Habeas Corpus means 'you must have the body' and a Writ for securing the liberty was called Habeas Corpus. This Writ is issued by the court which directs the authority or the government body which has detained the person to present him in front of the court so that a proper justice could be imparted to that person. Ground for the issue of this Writ:- This Writ is basically issued by the court when
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