“Historically , the judicial branch has often been the sole protector of the rights of minority groups against the will of the popular majority.” -Diane watson It is quite true in india. Ever since India got independence the tussle between judiciary and legislature was and still quite apparent from the various judgments that we get…
View detailsINTRODUCTION: Globalization has opened various doors for people and countries to invest and deal globally. With increase in trade and investments need to create laws to protect the interest of people and to prevent malpractices became a necessity. In India we have foreign exchange management act, 1999 (FEMA) to manage and frame regulations…
View details“AN AMENDMENT ENSURING EQUALITY FOR OPPRESSED CLASSES BY CURBING THE FUNDAMENTAL AND CIVIL RIGHTS.” The 1st amendment of indian constitution was made less than 16 months after the enactment of constitution and took mere 16 days to get passed by the parliament, this account has been rightly called as 16 stormy days…
View detailsIntroduction Intoxication is a state of mind in which a person’s becomes mentally and physically disable due to the consumption of alcohol or a narcotic substance because of that a person become unable to understand the nature and circumstances of his act .The Indian Penal Code, 1860 in Section 85 and Section 86 has the provisions relating to acts…
View detailsINTRODUCTION: Globalization made dealing with different countries easy and efficient, and with increasing amount of business transactions foreign exchange of currencies began to expand. With banking sectors recognising the need, foreign currency accounts came into existence, foreign currency account (FCA) is an account in which a person can hold money which is in different…
View detailsIntroduction Evidence is primarily divided into two types, One is documentary evidence and second is oral evidence. Oral Evidence is defined under Section 3 and Chapter IV ‘Of Oral Evidence’ at sections 59 and 60 of the Indian Evidence Act 1872. Where section 3 gives the definition of the oral evidence Chapter IV lays down…
View detailsThe word “hurt” generally means causing of pain or damage or injury by one person to another person. The word “hurt” generally includes both physical and mental pain. However, in the legal sense the word “hurt” does not include mental pain. The offence of hurt is included in the Indian Penal Code, 1860 in the…
View detailsJudges should be of stern, stuff and tough fire , unbending before power, economic or political, and they must uphold the core principle of law which says, be you ever so high, the law is above you.” – Justice P.N. Bhagwati The complete boldness of Justice P.N. Bhagwati’s vision, philosophical, rationale and futuristic imprints of…
View detailsCustody order Notwithstanding any provision in any other applicable law, the Magistrate may, at any stage of the hearing, petition for a protection order or any other relief under the law or provision, granting temporary custody of any children to the offender, such person or person making a claim on his/her behalf and stating, if…
View detailsIntroduction Elder abuse includes physical, emotional or sexual harm to older adults, financial exploitation or neglect of their health by those directly responsible for their care. As the elderly become weaker, they are less able to take care of themselves, resist bullying or defend themselves if attacked. Mental or physical illnesses can make them more…
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