A judicial proceeding which is otherwise permissible may become an engine of fraud. Thus in Advocate General, State of Bihar vs. Madhya Pradesh Khair Industries Ltd., (1980) 2 SCR 1172 (1175) it was held that the filing of an application may amount to an abuse of process.
What is the meaning of the term ‘insurgency’ The term ‘insurgency’ has not been defined either under the MCOCA or any other statute. The word ‘insurgency’ does not find mention in the […]
There is a natural tendency on the part of the State of asylum to facilitate the surrender of the fugitive. But extradition of a fugitive is not that smooth as one thinks. […]
Res ipsa loquitur In the treaties on Medical Negligence by Michael Jones, the learned author has explained the principle of res ipsa loquitur as essentially an evidential principle and the learned […]
Per incuriam When a judgment is rendered by ignoring the provisions of the governing statute and earlier larger Bench decision on the point such decisions are rendered ‘Per incuriam’. This concept […]
Scope of judicial review in matters of policy In Balco Employees Union (Regd.) vs. Union of India and Ors. (2002) 2 SCC 333) it was observed as follows : “34. Applying […]
Judicial justice Supreme Court pointed out in M. H. Hoskot. v. State of Maharashtra, (1978) 3 SCC 544): “Judicial justice, with procedural intricacies, legal submissions and critical examination of evidence, leans upon […]
Protective custody The expression ‘protective custody’ is a euphemism calculated to disguise what is really and in truth nothing but imprisonment. It is an expression intended to appease the conscience. It […]
it is no part of the duty of a public servant, while discharging his official duties, to enter into a criminal conspiracy or to indulge in criminal misconduct
Experience has shown us that ‘terrorism’ is generally an attempt to acquire or maintain power or control by intimidation and causing fear and helplessness in the minds of the people at large or any section thereof and is a totally abnormal phenomenon. What distinguishes ‘terrorism’ from other forms of violence, therefore, appears to be the deliberate and systematic use of coercive intimidation.
Therefore, the only remedy available to a party to a consent decree to avoid such consent decree, is to approach the court which recorded the compromise and made a decree in terms of it, and establish that there was no compromise.
The question whether a law was a colourable legislation and as such void did not depend on the motive or bona fides of the legislature in passing the law but upon the competency of the legislature to pass that particular law, and what the courts have to determine in such cases is whether though the legislature has purported to act within the limits of its powers, it has in substance and reality transgressed those powers, the transgression being veiled by what appears, on proper examination, to be a mere pretence or disguise.
This definition insists on three requisites each of which must be fulfilled in order that that the act of the body may be a quasi-judicial act, namely, that the body of persons (i) must have legal authority, (ii) to determine questions affecting the rights of subjects, and (iii) must have the duty to act judicially.
The law. Ius is often contrasted with lex or leges, which are the laws. Ius is the law in its broadest sense or ideal state. It is above and largely unaffected by the contingent statutes or other laws that the state happens to enact, which are the leges. From this difference arise the English terms “justice” and “legislation.”
A special form of action under the modern common law, allowed by statutes and now codified in Federal Rule of Civil Procedure 22, in which a party that is aware of its liability to either of two or more parties may initiate a lawsuit to determine to whom it is liable and to extinguish its liability to the other possible claimants against it.
Generally, in Roman law, any wrongful conduct. As Pound notes, here he means “injury to the physical person or to honor.” In such cases, iniuria included a range of acts that under modern law would include slander, libel, defamation, battery, and rape.
Originally the books of law collected under Justinian, between CE 529 and 565: the Codex Constitutionum, or the code of constitutional law; the Digest (also known as the Pandects), the collection of precedents from earlier decisions; the Institutes, or summary of the whole for students; and the Novels, or laws made after the collection. In the sense used by Justice Holmes here, it refers merely to the whole body of law.
There are several other sections in which death sentence could be imposed, but that sentence is not mandatory. Under two sections namely Sec. 302-murder and Section 121-waging war against the Government of India, alternative punishments of death or imprisonment for life are leviable.
Under the general law of the land as reflected in the Indian Evidence Act, no confession made to a police officer can be proved against an accused. ‘Confessions’ – which is a terminology used in criminal law is a species of ‘admissions’ as defined in Section 17 of the Indian Evidence Act.
76. The word “wrong” in ordinary legal language means and signifies “privation of right’’. An act is wrongful if it infringes the legal right of another, and “actionable” means nothing else than […]