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,
Category: Legal Articles
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’.
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