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FIR lodged by deceased before his death, can be relied upon as his dying declaration

FIR lodged by deceased before his death, can be relied upon as his dying declaration

Deceased before his death gave FIR regarding the incident of attack by accused persons. Testimony of the Doctor who treated the deceased shows that the deceased was alive when an initial examination was undertaken by him. FIR lodged by the deceased, before his death, can be relied upon as a

Social justice for the poor and the marginalised â€“ a judicial perspective

I consider it a great privilege and I feel a sense of immense delight to have been invited to address â€œPrabir Palit Memorial Lecture, 2013â€.Â I knew late Palit from 1974 when four of us studying in post-graduate and undergraduate classes in Ravenshaw College were publishing an English

Gender bias while considering claim for compassionate appointment is not permissible

Gender bias while considering claim for compassionate appointment is not permissible

Wife of the deceased employee seeking compassionate appointment on post Shramik in State Road Transport Corporation (ASPRTC). Claim for the compassionate appointment cannot be rejected, for reason that women lack the physical strength to perform tasks relating to post in Road Transport Corporation. Article 14 of the Constitution of India

Insolvency Proceedings cannot be affected by pendency of winding up proceedings

Insolvency Proceedings cannot be affected by pendency of winding up proceedings

The Supreme Court held that a petition for Insolvency resolution by operational creditor under Insolvency and Bankruptcy Code is independent proceeding which is unaffected by winding up proceedings that may be filed against the same company. Secured creditor stands outside the winding up and can realise its security dehors winding

The Dharma of our Ancients and the Modern Concept of the Rule of Law

The "Rule of Law" is the badge of a free people. The law seeks to bring about harmony and good fellowship based on justice in accordance with the moral and ethical sense of the community. In the modern State "Law" takes in, the entire body of

Detention orders cannot be passed when offences alleged against detenu duly fall within scope of words â€œlaw and orderâ€

Detention orders cannot be passed when offences alleged against detenu duly fall within scope of words â€œlaw and orderâ€

Supreme Court has from time to time opined that there is a vast difference between “law and order” and “public order”. Offences that are committed against a particular individual fall within the ambit of “law and order”. It is only when the public at large is adversely affected by the

Faulty Drafting of Laws

"Ambiguity in legislative enactments is a fruitful source of litigation in India. The object of the Legislature, before as well as after promulgating a law, is to give it as much publicity as possible, regard being had to a due comprehension of it; and what can be more conducive