Search Results for "Published Articles | Supremetoday AI"

Critical Analysis of Doctrine Of Proportionality

#DoctrineOfProportionality #JudicialReview

Introduction Doctrine of proportionality finds its place in the Administrative Law and is used at the stage of Judicial Review. The doctrine assets that there must be a reasonable nexus between the desired result and the measures taken to reach that goal. The action taken must not be shocking...

CERTIFICATE UNDER SECTION 65-B (4) OF EVIDENCE AT IS A CONDITION PRECEDENT TO THE ADMISSIBILITY OF ELECTRONIC EVIDENCE; SUPREME COURT

#ElectronicEvidence #Admissibility

The Supreme Court recently, Vide Judgment & Order dated July 14, 2020 in Civil Appeal Nos. 20825-20826 of 2017 titled "Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal & Ors.", gave finality to a legal conundrum pertaining to the requirement of certificate before producing electronic ev...

Judicial Review of Preventive Detention under J&K Public Safety Act, 1978

#PreventiveDetention #PublicSafetyAct

Former Jammu & Kashmir Chief Minister Dr. Farooq Abdullah was detained under the J&K State Public Safety Act, 1978 on September 16, 2019. Eighty-three year old Dr. Farooq Abdullah, has been J&K’s Chief Minister in 1982-1984, 1987-1990 & 1996-2002. He was elected as a member of the Indian Parl...

What Are The Grounds To Impose Restrictions Under Section 144 Cr. P. C

#CriminalProcedure #PublicOrder

Section 144 of Criminal Procedure Code, 1973 gives power to a District Magistrate, a Sub - Divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an order to an individual or the general public in a particular place or area to "abstain from a certai...

Abrogation of Article 370 of Constitution of India consistent with the Principles of Indian Federalism

#ConstitutionalLaw #JudicialReview

The constitutionality of the Constitution (Application to Jammu and Kashmir) Order 2019 ("C.O. 272") and the Constitution (Application to Jammu and Kashmir) Order 2019 ("C.O. 273") issued by the President of India has been challenged in various Writ Petitions filed before the Hon'ble Supreme ...

POWER OF POLICE TO ENTER THE PLACE TO BE SEARCHED UNDER SECTION 47 Of The Code Of Criminal Procedure, 1973

The people are the focal point for the State in a democracy. The rights and welfare of the people need to be constantly kept in view by the legislature while making the laws and by the executive while implementing them. Any police action, which may adversely affect the rights of the people, e...

Whether The Time Limit To File Written Statement Under Order VIII Rule 1 Code of Civil Procedure, 1908 Is Mandatory Or Directory?

The Limit of Ninety Days is Directory: A catena of Judgements by the Hon'ble Supreme Court of India, interpreting Order VIII Rule 1 of the Code of Civil Procedure, 1908, had settled the position that the requirement to file a Written Statement within 30 days (extendable to 90 days) of receipt...

THE HISTORICAL PERSPECTIVE OF THE CONTEMPT OF COURTS IN INDIA

#ContemptOfCourt #JudicialAuthority

Introduction The Contempt of Court is a matter concerning the fair Administration of Justice, and aims to punish any act hurting the dignity and authority of Judicial Tribunals. Although it is difficult to accurately assess the origins of Contempt Law, there is little doubt that it stems from...

BASIC PRINCIPLES FOR IMPLEADMENT OF PARTIES IN CIVIL PROCEEDINGS

#Impleadment #CivilProcedure

I. GENERAL PRINCIPLES UNDER ORDER I RULE 10 OF CODE OF CIVIL PROCEDURE, 1908: Order I Rules 9 & 10 of the Code of Civil Procedure, 1908 read as under: 9. Misjoinder and non-joinder.- No Suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every su...

Courts Must Apply Stringent Tests While Understanding The Complexity Of Section 319 Cr. P. C

#CriminalJustice #JudicialDiscretion

In Criminal Justice System from the initial stage of investigation some time it happens that those who are actually committed the offence easily escape the boundaries of  Penal Law, by one way or the other. Most commonly it happens so during the investigative stage of the offence which result...