In our criminal justice system witnesses are harassed. The way he is dealt with is a subject of criticism. And when he dose not appear in the court then he is subjected to cross examination and lands himself in a helpless situation. For all these reasons a person abhors from becoming a witness. A lot of witnesses do turn hostile because of threat by the powerful. It was observed by the Delhi Hig..
“The constitutional guarantee of speedy trial is an important safeguard to prevent undue and oppressive incarceration prior to trial; to minimize concern accompanying public accusation and to limit the possibilities that long delays will impair the ability of an accused to defend himself” The right to a speedy trial is first mentioned in that landmark document of English law, the Magna Carta. T..
In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Therefore being the watchdog, they are not allowed to shift their burden to others for their failure to establish an actual State of Justice. It is judiciary on which millions of people have struck their faith of getting justice. It has the capability of imparting justice to the aggrieved. It is th..
PIO shall deal with requests from persons seeking information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing. If the information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public autho..
The Environment Protection Act provides for protection and improvement of environment and for matters connected therewith. The United Nations conference on human environment, held in Stockholm in June 1972, proclaimed that " Man is both creator and molder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social and spiritual growth. ..
Money Bills originate only in the Lok Sabha. If a dispute arises as to whether a Bill is a Money Bill or not, the decision of the Speaker of Lok Sabha is final. Rajya Sabha has no power to reject a Money Bill. It can only make recommendations, ie, suggestions. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha. s..
Article-370, as we all know, accords “Special Status to the State of Jammu and Kashmir”. This very attempt to adduce a conclusive meaning of Article-370 is itself erroneous as it is not the special status that has been accorded to the State of J&K but the “Constitutional Position”. The Constitution of India administered the accession of a State and the State of J&..
The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories, Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Ju..
A writ of mandamus is issued against a person who has legal duty to perform but fails in doing so. it is issued in favour of a person who establishes a legal right to be enforced. some of the key points to be kept in mind while seeking a mandamus are: the person against whom mandamus is sought must be under statutory obligation to perfom that duty the peti..
Mandamus means a command. It is issued in favour of a person who establishes his legal rights and against aperson who has a legal duty but has failed to perform it. Here are some key points regarding remedy of writ of mandamus:..
Vinod Solanki vs. UOI (Supreme Court) Where during FERA search proceedings the accused-appellant allegedly..
Article 1: The British government transfers and makes over, forever, independent possession, to Maharaja Gulab Singh, and the heirs male of his body, all the hilly or mountainous country, with its dependencies, situated to the eastward of the river Indus, and westward of the river Ravi, including Chamba and excluding Lahore, being part of the territory ceded t..
Article 12: Scope As Expanded By Judiciary The Constitution of India has defined the word ‘State’ for t..
The concept of writ essentially originated in Englandspan style="font-size: 10pt; line-height..
Tejashree M. Dusane &/span..
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