Category: Law

The Supreme Court of India is a powerful judiciary. The Constitution of India has defined its jurisdiction and powers in detail, it has Original.Appellate and Advisory Jurisdictions Besides these jurisdictions, it has a few other important functions. ADVERTISEMENTS: These jurisdictions and functions may be discussed under the following categories: 1. Original Jurisdiction: The original jurisdiction of the Supreme Court is mainly confined to cases regarding the interpretation of the provision* of the Constitution which arise between the Union and the States or between the States themselves. No other Courts can entertain such cases. Image Source: autostraddle.comThe Supreme Court has exclusive jurisdiction in the following types of cases:(a) Disputes between the Government of India and one or more States. ADVERTISEMENTS: (b) Disputes between the Government of India and any State or…

Parliament is the supreme legislative organ of India under the Constitution. It is empowered to enact or amend any law in any area except those that the Constitution itself reserves exclusively for the states.The constitution of Parliament, composition of Council of States (Rajya Sabha), composition of the House of People (Lok Sabha), duration of Lok Sabha and Rajya Sabha, qualification of members, session’s prorogued dissolution etc. are provided in Chapter XI of the Constitution.According to Article 79 Parliament consists of the President, and two houses, Council of States (Rajya Sabha) and House of the People (Lok Sabha). Image Source: rajyasabha.nic.in ADVERTISEMENTS: Under Article 80, the Rajya Sabha consists of 12 members nominated by President and upto 238 representatives of States and of the Union territories.The representatives of each State in…

Short Essay on Witness Protection – Justice in accordance with law is basically about applying a particular provision or provisions of law to a particular set of facts.And facts, in the court of law, are established through evidence – documentary or otherwise.Witnesses are an important part of evidence and in most of the criminal cases the testimony of witnesses is decisive. ADVERTISEMENTS: However, of late, the number of police cases falling due to hostile witnesses is on the rise and it is a matter of concern. There are hordes of reasons for witness to turn hostile and one of them is the time that a case consumes in coming to a close.Witnesses are harassed, lured and threatened to change their testimonies especially in those cases where the person involved is…

Short Essay on Maintenance – CrPC Section 125 – The Code of Criminal Procedure under section 125 talks about the maintenance. A duty has been cast to every individual to maintain not only his wife, but also his children and parents, provided they are unable to maintain themselves.In case of children, both legitimate and illegitimate, are entitled to monthly allowance till they attain majority. Further, if the child after attaining majority is unable to maintain him due to some mental or physical illness or injury, is entitled to maintenance by his father. ADVERTISEMENTS: Similarly, the husband must provide for a wife until she remarries, or finds some resource from which she can support herself. Under this provision, even a Muslim wife would be entitled to claim maintenance, even if she…

First, we have the concept of natural liberty. It is generally used to identify it with the unlimited right of man to do whatever he likes.Natural liberty is supposed to have been enjoyed by man independently of and antecedent to, the existence of the State. With the emergence of the State absolute freedom of doing whatever one liked to do disappeared. ADVERTISEMENTS: While analysing his theory of Social Contract, Rousseau said, “What a man loses by the social contract is his natural liberty and an unlimited right to anything that tempts him, which he can obtain.”But, as explained earlier, such a condition of liberty is impossible. It is licence rather than liberty, as natural and unlimited liberty of one encroaches upon the natural rights of others. True liberty can only…

The term “Offence” has been defined in the Criminal Procedure Code as any act or omission made punishable by any law for the time being in force, it also included any act in respect of which a complaint may be made under sections 20 of the Cattle Trespass Act, 1871.The term “Offence” has been defined in the Criminal Procedure Code as any act or omission made punishable by any law for the time being in force, it also included any act in respect of which a complaint may be made under sections 20 of the Cattle Trespass Act, 1871.Bailable and Non-bailable offences: ADVERTISEMENTS: ”Bailable offence” means an offence which shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in…

Everything you need to know about the international character of patents (Rights, conditions, other uses, process, etc)In a sense patents have assumed an international character. The increasing number of applications for patents from foreigners received the almost all countries is recognition of this fact. ADVERTISEMENTS: Attempts are being made from time to time by international associations for the protection of industrial property to introduce more and more uniformity and: harmonization among national patent systems.The International Conventions for The Protection of Industrial Property (Paris Convention) and GATT and TRIPS agreements are examples of attempts at harmonization of the law of patents and other forms of intellectual property. Image Source: lite3d.comTRIPS/GATT – Article 27(1):Patentable subject matter: Invention, whether products or process, in all fields of technology, provided: ‘they are new’, ‘involve an…

Administration of Justice is an important function of the State. We divide the State functions into 3 branches, Legislative, Executive and Judiciary. We are directly electing the Members of Legislature and the Chief executive Officer.Administration of Justice is an important function of the State. We divide the State functions into 3 branches, Legislative, Executive and Judiciary. We are directly electing the Members of Legislature and the Chief executive Officer. ADVERTISEMENTS: The Judges of the Highest Court are being appointed by the Chief Executive Officer in consultation with the Chief Justice and in some countries ratified by the Parliament depending upon the constitutional procedure of the country. The present system of appointing Judges is working satisfactorily in many countries.It is better to divide the Judiciary into 2 branches the Judiciary which…

All of us have heard his name. He was our first Prime Minister. He was known all over the world.Shri Nehru was born in Allahabad in 1889 on 14th November. His father Pt. Moti Lai Nehru was a great lawyer. ADVERTISEMENTS: He was born with a silver spoon in his mouth. He was brought up as a prince. Very efficient teachers taught him.At the age of 15, he went to England for higher studies. There he joined the Public School at Harrow. Image Source: postcardeddie.comThen he went to Cambridge Uni­versity where he took his degree in 1910. Then he joined law. He was called to bar in 1912.He came to India. He started his practice at Allahabad High Court. He was married to Smt. Kamla Devi at the age of…

Pleadings are statements in writing drawn up and filed by each party to a case stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.“Pleading” is defined in the Code of Civil Procedure as meaning a plain or written statement. (O. VI, R. 1).Plaint is the statement of a claim, in writing and filed by the plaintiff in which he sets out his cause of action with all necessary particulars. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: Written statement is the statement of defence in writing and filed by the defendant in whom he deals with every material fact alleged by the plaintiff in the plaint and also states any new facts which may be…