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Lawyersclubindia Articles


Ad-hoc period

  Swami Sadashiva Brahmendra Sar   23 May 2009 at 12:43

In a bunch of appeals, in State of Rajasthan v. Jagdish Narain Chaturvedi (civil appeal no 3620/2009 ) decided on 08/05/2009, the apex court has held that “in order to become "a member of service" candidate must satisfy four condition ..


Posted in Labour & Service Law |   4089 Views


Right Of Expression - Freedom Of Religion And B

  G. ARAVINTHAN   23 May 2009 at 00:03

The most important international legislation on the freedom of religion or belief is A.18 in the United Nation’s International Covenant on Civil and Political Rights (CCPR) from, 1966.CCPR A.18 is built upon A.18 of the Universal Declaration o ..


Posted in Constitutional Law |   1389 Views


Protest petition - a practice, not statutory rule

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

There is no provision in the Code to file a protest petition by theinformant who lodged the first information report. But this has been thepractice. Absence of a provision in the Code relating to filing of a protestpetition has been considered. This ..


Posted in Criminal Law |   3639 Views


Final report and charge sheet

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC117), the Supreme Court while considering the provisions of Sections 156(3), 169,178 and 190 of the Code held that there is no power, expressly or impliedlyconferred, under the Code, on a Mag ..


Posted in Criminal Law |   3857 Views


Need for LLP

  G. ARAVINTHAN   22 May 2009 at 19:49

For a long time, a need has been felt to provide for a business format that would combine the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. The Limited Liability Partnership format is an ..


Posted in Students |   2112 Views


What is Land Acquisition ?

  G. ARAVINTHAN   22 May 2009 at 19:49

Land Acquisition can be defined as the action of the government whereby it acquires land from its owners in order to pursue certain public purpose or for any company. This acquisition may be against the will of the owners but compensation is paid to ..


Posted in Civil Law |   2137 Views


Investigation by unauthorised officer

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:48

In Crl Appeal no 943/2003 State of MP v. Chunni lal decided on 15th April 2009 FIR was lodged under s. 376, IPC and s. 3, Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. since Post of Dy.SP was vacent ..


Posted in Criminal Law |   1500 Views


“Is the Internet the new “Wild Wild West?”

  G. ARAVINTHAN   21 May 2009 at 23:07

Cyber Crimes and Cyber terrorism: “Is the Internet the new “Wild Wild West?”There can be no one exhaustive definition about Cybercrime. However, any activities which basically offend human sensibilities, can also be included in its ..


Posted in Intellectual Property Rights |   3836 Views


Legal Aid—A Myth Or Reality

  G. ARAVINTHAN   21 May 2009 at 23:07

Seven hundred years old clarion call of Magna Carta- “To no one will we sell, to no one will we refuse or delay the right to justice “very pertinently embodies the principle of legal aid. But it was only when the colonial hangover of the ..


Posted in Constitutional Law |   1485 Views


Transplantation of human organs

  Swami Sadashiva Brahmendra Sar   21 May 2009 at 23:07

Transplantation of human organs is governed by Transplantation of Human Organs Act, 1994 (herein after referred as 'Act') read with Transplantation of Human Organs Rules, 1995 (herein after referred as 'Rules').The Act was promulgated to provide f ..


Posted in Constitutional Law |   2184 Views