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Application of Law at the time of War

The Geneva Laws(Conventions)

Memorandum

The convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation.

  1. First Geneva Convention, 1949
  2. Second Geneva Convention, 1949
  3. Third Geneva Convention, 1949
  4. Fourth Geneva Convention, 1949

Third Geneva Convention (Geneva, 12 August 1949) especially connected with the Treatment of Prisoners of War. 

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Appreciation of evidence and burden of proof in election cases

Law settled by Supreme Court of India:

It will be seen from the following decisions that it has been consistently laid down by the Supreme Court in a number of cases that burden of proof resting on a person seeking a declaration of voidness of election is very heavy in the sense that he is required to prove every charge of corrupt practice beyond reasonable doubt. In other words, the burden to be discharged by the petitioner in a case is the same as the burden on the prosecution to prove a criminal charge.

The first decision, which was cited at the Bar in this connection was the decision in the case of D. Venkta Reddy v. R. Sultan and others (A.I.R. 1976 SC 1599), where in it is observed.

“In a democracy such as ours, the purity and sanctity of elections, the sacrosanct and sacred nature of the electoral process must be preserved and maintained. The valuable verdict of the people at the polls must be given due respect and candour and should not be disregarded or set at naught on vague, indefinite, frivolous or fanciful allegations or on evidence which is of a shaky or prevaricating character. It is well settled that the onus lies heavily on the election petitioner to make out a strong case for setting aside an election. (more…)

India is as much a Hindu nation as England and America are Christian nations

India that is Bharat

A wrong argument: That by virtue of its majority being the deciding factor in a democracy, India is a Hindu nation.

The correction[ Mimamsa ]: We the people of India have descended from a common Hindu patriarchy and then we adopted multiple ways of prayer system for our salvation and peace. For the administration and management of the wealth pertain the Hindu Rastra(Nation), we commissioned a set of secular rule and judicial system in the country. For the political unity and emancipation, we adopted from the west the pattern of parliament for Indian State headed by an elected President, to be advised by Prime minister- in- cabinet.

The soul of Nationhood [ Bidhi Bakyam]: We worship Mother India(Bharat Mata) by chanting Vande Mataram and establish equity and justice through Satameva Jayate [ सत्यमेव जयते in Deva Nagari script, taken from Mundaka Upanishad ].

It is said [Salpa vistaram]-

“Even a cursory perusal of our history shows that, since times immemorial, Hindus have grown up as the true children of this soil. To them, it is more than a motherland, a holy land. Generation after generation, the flower of their heroic manhood have offered their life-blood in defence of her freedom. They have held aloft the banner of her sacred religion and culture. (more…)