Legal Articles

Legal Database

• Lawyers’ Guide on Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations(2021)-UAE - Money Laundering deals with the criminal proceeds with the aim of concealing or disguising their illicit origin. When a criminal activity generates large proceeds, the paramount concern to the perpetrator of these activities is to find a way to control funds and profits, without calling attention to his activities. Criminals do this by disguising the true origin, changing the form of, or transferring money to places where it is less likely to attract attention.
• What Makes A Good Judge?- Lady Rose, Barnard’s Inn talk (16/06/2022) - . Judge Sharpe’s answer is that judging is not an abstract or mechanical process – it is an intensely human process. The judge is engaged in unravelling and resolving disputes that often have had a profound effect on the lives of the litigants. A judge who is able to see all sides of a problem has a better chance of making a decision that is both fair and just and seen to be fair and just.
• Constitutional Turkey – Christian Rakovsky (1908) - This is no surprise as the Sultan himself hastened to declare that he had always been an admirer of the Constitution and it was only the intrigues of ill-intentioned people that made him arrest and imprison its defenders.
• Juries, Judges, and Insanity by Henry Maudsley (1872) - The saddest and most humiliating disease with which mankind is afflicted, and which should rightly make the sufferer an object of the deepest compassion, only avails in England in the nineteenth century to bring him, in the event of his doing violence, to the edge of the scaffold or over it. To this point have eighteen hundred and seventy-two years of Christianity brought us! And Science protests in vain! Without laying claim to much gift of prophecy,
• Termination of agency, where agent has interest in subject matter- SEC-202 of Indian Contract Act - The appellant was indebted to the respondent Bank. He executed a power of attorney in favour of the bank giving it authority to execute a decree which he had obtained in his favour. The bank filed an application for the execution of the decree in the appellant's name, the application being signed by the manager of the Bank as holding power of attorney. The appellant object to the execution. His objections were over-ruled.
• Borrowing and Lending in foreign currency in India - The Reserve Bank of India, is the custodian of the country’s foreign exchange reserves and is vested with the responsibility of managing their investment. The legal provisions governing management of foreign exchange reserves are laid down in the Reserve Bank of India Act, 1934. The Reserve Bank issues licences to banks and other institutions to act as Authorised Dealers in the foreign exchange market. In keeping with the move towards liberalisation, the Reserve Bank has undertaken substantial elimination of licensing, quantitative restrictions and other regulatory and discretionary controls.
• Improving the preventive legal system-Pan Jianfeng - To establish and improve a preventive legal system, it is necessary not only to prevent the escalation of disputes, but also to prevent the occurrence of disputes. Legal systems such as the notarization system, legal advisor system, public lawyer system, and corporate lawyer system play an important role in preventing disputes. The main function of the notarization system is to enhance the power of proof.
• Statutes and Equity-Justice Allsop - The jurisdiction of a court of equity to set aside a gift or other disposition of property as, actually or presumptively, resulting from undue influence, abuse of confidence or other circumstances affecting the conscience of the donee is governed by principles the application of which calls for a precise examination of the particular facts, a scrutiny of the exact relations established between the parties and a consideration of the mental capacities, processes and idiosyncrasies of the donor.
• In Absentia Judgments Violate Egyptian Standards of Justice – Sarwat Abd El-Shahid - This Article represents an explicit breach of the provisions of the Egyptian Constitution and international conventions to which Egypt is party although they are deemed an integral part of the Egyptian legislation and supersede laws in application. Further, the Article contradicts with explicit judicial precedents rendered by the Supreme Constitutional Court as illustrated and clarified in the following sections.
• Judicial Independence of Egypt’s judiciary - Egypt is misleadingly portrayed in today’s popular narrative as a country in which the government is centralized and monolithic, such that an autocratic President backed by the military controls all the mechanisms of government authority, and therefore has the ability to exert effective control over judicial decision-making (and as corollaries, that judicial decision-making reflects the will of the President and the President should be held accountable for judicial decision-making). 
• Role of the constitutional judiciary in ensuring the independence of universities – Dr. Ali Hadi Attia Al-Hilali - The independence of universities is defined as: “the freedom of the university to manage its administrative, financial and academic affairs without any interference from any external party, whether the state or the institutions of society
• Judge’s responsibility in respecting the Constitution and the Law – Faiq Zidan - The judges are the custodians on well implementing of the law to guarantee the rights which considered the basis of building the community and justice prevails.
• Proof in E-contracts – Emad Abdullah - No doubt the writing document was considered the most powerful among the evidences of proof before the digital revolution because all laws handle the writing documents as the most powerful proof that submit to the judge . This matter is no longer existed under the modern technology and revolution of information and communication which result in new proof that is electronic contract and signature.
• Judges and Parliament in UK - A Parliamentary Committee can be an appropriate forum for judges to give their views on current issues affecting the administration of justice and to allow them to comment upon appropriate topics. In recent times the senior judiciary has responded to invitations to comment on the creation of the Ministry of Justice.
• Judicial Independence - Independence from whom and what? It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them
• Master of the Rolls - The Master of the Rolls is, by virtue of his office, a judge of the Court of Appeal and and is the President of its Civil Division. He is responsible for the deployment and organisation of the work of the judges of the division as well as presiding in one of its courts.
• Judicial conduct - Complaints about judicial conduct are considered by a nominated judge, who will either make a recommendation straight away to the Lord Chief Justice and the Lord Chancellor, or refer the case to an investigating judge. Ultimately a recommendation will be made to the Lord Chief Justice and Lord Chancellor, who will have to decide what action, if any, to take.
• The principles of judicial accountability - We have stated that judges who commit a criminal offence may be subject to an investigation by the Office for Judicial Complaints and may be subject to a disciplinary sanction in accordance with the relevant statutory provisions. Apart from this, however, it is clear that judges are not subject to this ‘sacrificial accountability’.
• Judicial accountability and independence - The truth is that the judiciary is accountable, but in a different manner. The reason for this difference is a fundamental feature of our constitution going to the very heart of our democracy. The difference stems from the need to ensure that judges are impartial and independent of central and local government and from pressures from the media, companies, and pressure groups while exercising their judicial functions.
• History of Court Dress - The costume of a High Court judge, for example – a long robe, a full hood with a cowl covering the shoulders and a mantle (or cloak) – was more or less established by the time of Edward III (1327-77) and was based on the correct dress for attending the royal court.
• Independence of the district judiciary - The functioning of the judiciary as an independent institution is rooted in the concept of separation of powers. Individual judges must be able to adjudicate disputes in accordance with the law, unhindered by any other factors.
• Law and practice U/S 156(3) of the Cr.P.C - Order of Magistrate: ‘to register a case at the police station treating the complaint as the First Information Report and investigate into the same.’
• Chinese legal culture in the long history on legal culture in ancient China - As we can see, the material of legal culture in ancient China is actually voluminous and profound, which can be said to be one of the largest collections among the most ancient civilizations in the world. In addition, legal culture in ancient China was one of the most influential or in top of the world legal cultures in a long period of time.
• On Sexual Liberty : When we call for “sexual liberty”- what do we mean? - When we call for “sexual liberty” — what do we mean? Do we mean “freedom to rape” or debauchery? Do we desire the annihilation of sentiment in the love-life, the disappearance of attachment, tenderness and affection?
• The Individual and Dictatorship-Emile Armand-1935 - Our ideas and conception of life, which we represent only for ourselves, deserves just as much consideration, as the idea and life conception of those who force their ideas upon others, without their consent. We declare, that where there exists a force-reign of society, there is no free choice and in that event, due to the education as well as to the administrative and policing organizations, the results will be a humanity, a society, an equality of slaves.
• NATURE AND ORIGIN OF COPYRIGHT-Richard Rogers Bowker-1912 - Meaning-Copyright (from the Latin copia, plenty) means, in general, the right to copy, to make plenty. In its specific application it means the right to multiply copies of those products of the human brain known as literature and art.
• Law and Authority by Pierre Kropotkine -1886 - When ignorance reigns in society and disorder in the minds of men, laws are multiplied, legislation is expected to do everything, and each fresh law being a fresh miscalculation, men are continually led to demand from it what can proceed only from themselves, from their own education and their own morality.” It is no revolutionist who says this, not even a reformer
• Freehold and leasehold ownership in UK - What does “ownership” mean? When an estate agent markets a house or flat as being “for sale”, what is the asset on offer? In England and Wales, property is almost always owned on either a freehold or a leasehold basis. A leasehold interest is therefore often referred to as a wasting asset: while it may increase in value in line with property prices, its value also tends to fall over time as its length (the “unexpired term”) reduces.
• India is conceptually a Hindu nation: RSS chief Mohan Bhagwat - Rashtriya Swayamsevak Sangh chief Mohan Bhagwat said in October 2019 that India was conceptually a Hindu nation. “If you ask them about their forefathers, then they will say they were Hindus. If you ask them about Qawali being prohibited in
• Nathuram Godse’s court statement in Gandhi Murder Case: Rex vs Nathuram Vinayak Godse and others - We have seen quite enough of Nathuram during the period of more than five weeks we were hearing these appeals and particularly during the eight or nine days while he was arguing his own case, and I cannot imagine that a man of his calibre could have even entertained the idea
• Freedom of Speech and Crime of Seditious Libel - Under the law of libel, including the law of seditious libel, not merely is the author of the libel responsible. Responsibility also extends to the publisher and printer and, indeed to every vendor of the publication.
• Legal articles on contextual issues - Legal article archive