The pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The doctrine of presumption is not alien to the above rule, nor would it impair the temper of the rule. On the other hand, […]
Total War with its incidence of massacre of innocent men, women and children and large-scale destruction of property by perverting the knowledge of science for devising ways and means of destruction in a brutal manner is the product of modern civilisation, if civilisation it can be called. The principles regulating intercourse between residents of belligerent states are not part of international law but are part of the municipal law of every country.
The Right Honourable Syed Ameer Ali in his “Mahommedan Law,” Vol. 1, pages 443, 444, states: Such superiors in India are called Sajjadanashins. (Sqjjada is the carpet on which prayers are offered). The Sajjadanashin is not only a Mutawalli but also a spiritual preceptor. He is the curator of the Dharga where his ancestor lies buried, and in him is […]
For several centuries, our country had a principle in law of war to the effect that in the event of an invasion also, the priests and properties endowed to places of worship must not be touched. That is how, the properties of Temples remained intact even after the country was subjected to foreign invasions. Instances are not lacking where, the invaders have rendered services also.
Third Geneva Convention (Geneva, 12 August 1949) especially connected with the Treatment of Prisoners of War. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict as well as […]
Religious war against those persons who are unbelievers in the name of Islam and such religious war is called as Jihad. So the mind set of the accused persons made it aptly and abundantly clear that they wanted to provoke or preach Jihad and in that direction, they began to make arrangements to preach Muslims and as well to provoke the young Muslim community to declare Jihad with finance, weapons like bombs, grenades, guns etc.
In 2003 SCC (Cri.) 2033 between Nazir Khan and others v. State of Delhi, wherein the Hon’ble Apex Court at Paras 31 to 36 has in detail discussed about what is meant by waging war. The above said case has been dealt with under the TADA Act and other provisions under IPC. The Hon’ble Apex Court has observed that, “The […]
SHAHAN SHA. A. AND ANOTHER Vs. STATE OF KERALA-Inter-religious marriages, arising out of love affairs or otherwise, are to be recognized and promoted. To solemnize such marriages, there need not necessarily be any conversion of one party to the marriage from one religion to another. If a boy or girl believes that a marital union is not possible without the other party to love converting to his or her religion, it is his or her faith.
KARNATAKA HIGH COURT (DHARWAD BENCH) SINGLE BENCH ( Before : R.B. Naik, J ) ASADULLA H.A. AND OTHERS — Appellant Vs. THE STATE OF KARNATAKA — Respondent Criminal P. No. 7199 of 2008 Decided on : 29-08-2008 Penal Code, 1860 (IPC) – Section 120 B, Section 121, Section 465, Section 468, Section 471, Section 511 Unlawful Activities (Prevention) Act, 1967 […]
Section 34 of the CPC provides for award of interest during the pendency of the proceedings. The doctrine of promissory estoppel is not limited in its application only to defense but it can also found a cause of action. The hearing of an appeal under the procedural law of India is in the nature of re-hearing. The law of India […]