What is Law ?

Law normally connotes a rule or norm which is of general application. It may apply to all the persons or class of persons or even individuals of a particular description. Law prescribes the abstract principles by the application of which individual cases are decided. Law, however, is not what Blackstone called “a sentence”. According to… Read More What is Law ?

Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?

In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function. Although there is it the Constitution of India no rigid separation of powers, by and large the spheres… Read More Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?

What is Constitution ?

In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only… Read More What is Constitution ?

In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.

The Executive, the Legislature and the Judiciary are all treated under our Constitution with respective spheres. The jurisdiction of this Court and of High Courts under our Constitution is dealt with by Articles under the Heads of the Union Judiciary and the State Judiciary. Under Article 136 any Tribunal or Court is amenable to the… Read More In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.

What are powers of the appellate court while dealing with an appeal against an order of acquittal

Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1)… Read More What are powers of the appellate court while dealing with an appeal against an order of acquittal