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Lawyersclubindia Articles


Case Comment: S.R. Batra v. Taruna Batra

  RIMALI BATRA   10 June 2009 at 15:26

IN THE SUPREME COURT OF INDIA S.R.BATRA and ANOTHER versus TARUNA BATRA (Smt.)(2007) 3 SCC 169 Civil Appeal No. 5827 of 2006 with Contempt Petition (C) No. 38 of 2006Decided on: December 15, 2006(Before S.B.Sinha and Markandey Katju, JJ.) TABLE ..


Posted in Family Law |   17678 Views


Guidelines to be followed in Trail of Rape Cases

  G. ARAVINTHAN   10 June 2009 at 08:29

In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases:1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates ..


Posted in Criminal Law |   962 Views


Modes Of Amending Constitution

  G. ARAVINTHAN   10 June 2009 at 08:29

The Constitution of India provides for the amendment by way of Amendment Acts in a formal manner. For the purpose of amendment, the various Articles of the Constitution are divided into three categories. The first category is out of the purview of A ..


Posted in Constitutional Law |   1125 Views


Separation Of Powers Under Different Constitutions

  G. ARAVINTHAN   10 June 2009 at 08:29

Despite the safeguards it gives against tyranny, the modern day societies find it very difficult to apply it rigidly. In principle they go for separation of powers and dilution of powers simultaneously.U.S.A.The doctrine of separation finds its home ..


Posted in Constitutional Law |   1035 Views


The International Status of the Right to Vote

  G. ARAVINTHAN   10 June 2009 at 08:29

The right to vote is a well-established norm of international law. Significant international treaties, including the International Covenant on Civil and Political Rights and regional agreements such as the American Convention on Human Rights, enshrin ..


Posted in Constitutional Law |   753 Views


Crown & President: Power to Pardon

  G. ARAVINTHAN   10 June 2009 at 08:29

In a monarchy the crown was given the power to pardon. But in India there is democracy. According to the Article 52 of the Constitution of India, the President is the Executive head of the Union of India. Thus if the Prof Kenny’s definition is ..


Posted in Constitutional Law |   1395 Views


Pardoning Power & Judicial Review

  G. ARAVINTHAN   10 June 2009 at 08:29

Recently the pardoning power of governor was put under judicial review in the case of Epuru Sudhakar & Anr. Vs Govt. of A.P. & Ors .Before discussing the factual situations of the case let us revert back to some of the old cases.In Kuljeet S ..


Posted in Constitutional Law |   3166 Views


Interim bail

  Swami Sadashiva Brahmendra Sar   10 June 2009 at 08:29

In a recent decision of the Supreme Court dated 23.3.09 in Criminal Appeal No. 538 of 2009, Lal Kamlendra Pratap Singh v. State of U.P., which has been directed to be circulated in the High Court and in subordinate Courts in U.P. it has been observed ..


Posted in Criminal Law |   1573 Views


Abandonment during Sunset Years – An Overview

  G. ARAVINTHAN   10 June 2009 at 08:29

“The idea is to die young as late as possible”A majority of people would well desire to live life this way, but it is sad to know that only a few fortunate ones do live and die in this manner. Old age is said to be a period full of gold ..


Posted in Constitutional Law |   888 Views


Suicide and Euthanasia - An overview

  G. ARAVINTHAN   10 June 2009 at 08:29

Legal jurisprudence states that there is a right and a corresponding duty to every action and inaction. And as all the rights that every individual possesses in the contemporary society are being defined to the greatest extent, it is also equally tr ..


Posted in Constitutional Law |   998 Views