CONSTITUTION AND LAW

NATIONAL CONSTITUTIONS

  • Constitutional Law of New Zealand-1986 - An Act to reform the constitutional law of New Zealand, to bring together into one enactment certain provisions of constitutional significance, and to provide that the New Zealand Constitution Act 1852 of the Parliament of the United Kingdom shall cease to have effect as part of the law of New Zealand
  • नेपालको संविधान-Constitution of Nepal - नेपालको संविधान भाग–१ प्रारम्भिक भाग–२ नागरिकता भाग–३ मौलिक हक र कर्तव्य भाग–४ राज्यका निर्देशक सिद्धान्त, नीति तथा दायित्व भाग–५ राज्यको संरचना र राज्यशक्तिको बाँडफाँड भाग–६Continue Reading
  • Constitution of the Slovak Republic-1992 - The Slovak Republic is a sovereign, democratic state governed by the rule of law. It is not bound to any ideology or religion. State power is derived from citizens, who execute it through their elected representatives or directly.Citizens have the right to work. Citizens who are unable to exercise this right through no fault of their own are provided for materially by the state to an appropriate extent. The conditions will be defined by law.

FOREIGN JUDGMENTS

  • Aspen Underwriting Ltd and ors vs Credit Europe Bank NV- 01/04/2020 - QUESTION: These appeals concern whether the High Court of England and Wales has jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.ANSWER: The Supreme Court unanimously dismisses the Insurers’ appeal and allows the Bank’s appeal, declaring that the High Court does not have jurisdiction over any of the Insurers’ claims against the Bank. Lord Hodge gives the sole judgment with which the other Justices agree.
  • Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020 - The GoI made an extradition request in respect of the Appellant, submitted on 9 February 2017, which was certified by the Secretary of State on 16 February 2017. We consider that while the scope of the prima facie case found by the SDJ is in some respects wider than that alleged by the Respondent in India, there is a prima facie case which, in seven important respects, coincides with the allegations in India.
  • ICJ THE GAMBIA v. MYANMAR-ICJ 23/01/2020 - Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by The Gambia could not give rise to a dispute between the Parties as they did not amount to allegations of violations of the Genocide Convention made by The Gambia . In this regard, Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by the Gambia could not give rise to a dispute between the Parties.
  • United Kingdom Sandeep & Reena Mander -v- Royal borough of Windsor & Maidenhead, Adopt Berkshire – 6/12/2019 - The principal piece of legislation governing adoption in England & Wales is the Adoption and Children Act 2002 (“2002 Act”). Section 3 of the 2002 Act places a duty on local authorities to maintain an adoption service within their area, and sets out the minimum facilities that must be made in the provision of the service.
  • United Kingdom R v Mark James Redknapp – 31/10/2019 - DORSET MAGISTRATES COURT : ROAD TRAFFIC OFFENCE- The Court is satisfied so that it is sure that the defendant Mark James Redknapp is guilty of the offence charged of driving a motor vehicle with a proportion of a specified controlled drug above the specified limit. The defendant was fined £3000 and ordered to pay costs of £2,500, £120 Victim surcharge (payable in 14 days) and disqualified from driving for 3 years.
  • United Kingdom Schulze Allen v Royal College of Veterinary Surgeons – 1/7/2019 - The Judicial Committee of the Privy Council - In their Decision on Facts the Committee did not expressly address the issue of whether Dr Schulze Allen’s infraction was a criminal conviction. But they must have decided that it was. For otherwise they would have had no power to direct the removal of his name from the register under section 16(1)(a) of the Act.

SUPREME COURT JUDGMENTS

  • SUPREME COURT OF INDIA JUDGMENTS State of Rajasthan vs Mehram & Ors-06/05/2020 - QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/­75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.
  • SUPREME COURT OF INDIA JUDGMENTS Triloki Nath Singh vs Anirudh Singh (d) Thr. Lrs & Ors-06/05/2020 - Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit? The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.
  • Commissioner Of Central Excise, Delhi-iii vs M/S. Uni Products India Ltd-01/05/2020 - The common parlance test”, “marketability test”, “popular meaning test” are all tools for interpretation to arrive at a decision on proper classification of a tariff entry. These tests, however, would be required to be applied if a particular tariff entry is capable of being classified in more than one heads.
  • SUPREME COURT OF INDIA JUDGMENTS Bhagwat Sharan (Dead Thr. Lrs.) vs Purushottam & Ors-03/04/2020 - Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
  • SUPREME COURT OF INDIA JUDGMENTS NEW DELHI TELEVISION LTD. VS DEPUTY COMMISSIONER OF INCOME TAX-03/04/2020 - INCOME TAX-whether the revenue has sufficient reasons to believe that undisclosed income of the asseessee has escaped assessment and therefore there are grounds to issue notice. An assessing officer can only re­open an assessment if he has ‘reason to believe’ that undisclosed income has escaped assessment. Mere change of opinion of the assessing officer is not a sufficient to meet the standard of ‘reason to believe’.
  • RAJA @ AYYAPPAN VS STATE OF TAMIL NADU-01/04/2020 - Section 30 of the Indian Evidence Act mandates that to make the confession of a co­accused admissible in evidence, there has to be a joint trial. If there is no joint trial, the confession of a co­ accused is not at all admissible in evidence and, therefore, the same cannot be taken as evidence against the other co­accused.
  • M. SUBRAMANIAM AND ANOTHER  VS S. JANAKI AND ANOTHER- 20/03/2020 - FARE INVESTIGATION-Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police.
  • PAWAN KUMAR GUPTA  Vs STATE OF NCT OF DELHI -20/03/2020 - When the power is vested in the very high contitutional authority, it must be presumed that the said authority had acted carefully after considering all the aspects of the matter. It cannot be said that His Excellency the President of India did not consider the mercy petition with open mind filed by the petitioner Pawan Kumar Gupta.
  • SUPREME COURT OF INDIA JUDGMENTS DHANPAT  VERSUS SHEO RAM (DECEASED) THROUGH LRS. & ORS-19/03/2020 - WILL-it is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.
  • BENEDICT DENIS KINNY  VS TULIP BRIAN MIRANDA & ORS-19/03/2020 - ARTICLE 226 OF CONSTITUTION-When a citizen has right to judicial review against any decision of statutory authority, the High Court in exercise of judicial review had every jurisdiction to maintain the status quo so as to by lapse of time, the petition may not be infructuous.

HISTORY AND PHILOSOPHY

  • Government- James Mill(1825) - The end of Government has been described in a great variety of expressions. By Locke it was said to be “the public good;” by others it has been described as being “the greatest happiness of the greatest number.”
  • Beginning of the Modern state-Lord Acton-1906 - It was the supreme manifestation of the modern state according to the image which Machiavelli had set up, the state that suffers neither limit nor equality, and is bound by no duty to nations or to men, that thrives on destruction, and sanctifies whatever things contributed to increase of power.
  • The Ideal-G. E. Moore 1903 - Our search for the Ideal must be limited to a search for that one, among all the wholes composed of elements known to us, which seems to be better than all the rest. We shall never be entitled to assert that this whole is Perfection, but we shall be entitled to assert that it is better than any other which may be presented as a rival.
  • Power does not corrupt: it is the corrupted people who become attracted towards power-OSHO - Mahatma Gandhi and his followers were talking about nonviolence, love, peace — all the great values cherished down the ages. And when power came he escaped. Mahatma Gandhi himself escaped because he became aware that if he took power in his hands he would no longer be the mahatma, the sage.
  • HUMANITARIAN THEORY OF PUNISHMENT- C. S. LEWIS-1954 - My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
  • Guilt, bad conscience and the like-Nietzsche-1887 - That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.

INTERNATIONAL AFFAIRS

  • League of Nations Covenant-Treaty of Versailles-1919 - The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be members of the Council.
  • TREATY BETWEEN USA AND USSR ON UNDERGROUND NUCLEAR EXPLOSIONS FOR PEACEFUL PURPOSES-1976 - Entered into force December 11, 1990-This Treaty, including the Protocol which forms an integral part hereof, shall be subject to ratification in accordance with the constitutional procedures of each Party. This Treaty shall enter into force on the day of the exchange of instruments of ratification which exchange shall take place simultaneously with the exchange of instruments of ratification of the Treaty on the Limitation of Underground Nuclear Weapon Tests.
  • USA The Jay Treaty-1794-96: Signed Between United States and Great Britain - The Jay Treaty-1794-96-On November 19, 1794 representatives of the United States and Great Britain signed Jay’s Treaty, which sought to settle outstanding issues between the two countries that had been left unresolved since American independence. 
  • USA Republican Party Platform 2016 - We are the party of the Declaration of Independence and the Constitution. The Declaration sets forth the fundamental precepts of American government: That God bestows certain inalienable rights on every individual, thus producing human equality
  • Presidential Memorandum on Developing a Sustainable Spectrum Strategy for America’s Future - It is the policy of the United States to use radiofrequency spectrum (spectrum) as efficiently and effectively as possible to help meet our economic, national security, science, safety, and other Federal mission goals now and in the future. To best achieve this policy, the Nation requires a balanced, forward-looking, flexible, and sustainable approach to spectrum management.
  • ICJ Permanent Court of Arbitration Schedule of Fees and Costs - The PCA is an intergovernmental organization devoted chiefly to the administration of international dispute resolution proceedings involving at least one state, state-controlled entity, or intergovernmental organization. As such, the PCA does not seek to provide full administrative services in disputes exclusively between private parties.
  • Prime Minister President Trump and Prime Minister Modi of India in Joint Press Statement (June 26, 2017) - The security partnership between the United States and India is incredibly important. Both our nations have been struck by the evils of terrorism, and we are both determined to destroy terrorist organizations and the radical ideology that drives them. We will destroy radical Islamic terrorism. Our militaries are working every day to enhance cooperation between our military forces.