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Legal Systems in India & America- A Comparative view

Legislative Chambers Â In the United States it is widely believed that while the Constitution makers conceived the U. S. Congress to be the most powerful institution, in reality it is the Executive under the President which has become more powerful. It is felt that United States Supreme Court has

Socialism for the Superannuated : A Critique of Nakara

The year 1982 witnessed two valiant attempts by the Supreme Court of India to articulate a constitutional conception of 'socialism', now mandated, by the emergency amendment to the Preamble and the emergency elaboration of it in the three new Directive Principles of the State Policy â€” Articles 39A,

Merely filing preliminary charge-sheet without completing investigation would not defeat indefeasible statutory right of accused to claim for default bail

Merely filing preliminary charge-sheet without completing investigation would not defeat indefeasible statutory right of accused to claim for default bail

Generally, it is a practice that when Investigating Agency files charge-sheet then Courts usually presume that investigation is completed. However, it is to be noticed that at times, even when an investigation is not fully completed, the police are in habit of filing preliminary charge-sheet or an incomplete charge-sheet keeping

â€˜Confiscationâ€™ for offence of money laundering cannot be considered as punishment

â€˜Confiscationâ€™ for offence of money laundering cannot be considered as punishment

What is necessary to constitute the offence of money laundering is the existence of proceeds of crime and not the pendency of predicate offence. Therefore, the prosecution of the offender for his involvement in the process or activity connected with the proceeds obtained through the commission of a predicate offence

Person with disability suffering from Writer's cramp, is entitled to a Scribe for examination

Person with disability suffering from Writer's cramp, is entitled to a Scribe for examination

To confine the facility of scribe only to those who have benchmark disabilities would be to deprive the class of persons of their statutorily recognized entitlements. The grievance of the citizen who suffers from a writer’s cramp is that he was denied a scribe in the civil services’ examination.

Mere assertion that victim lady was pressurized to shift her job is not sufficient ground to sustain conviction for offence of cruelty

Mere assertion that victim lady was pressurized to shift her job is not sufficient ground to sustain conviction for offence of cruelty

A case that victim and accused were working in the same school as the teacher. They fell in love and got married. After marriage couple started residing in a rental house. The accused allegedly started inflicting mental cruelty on the victim. A matrimonial dispute arose between the victim and accused

While winding up mutual fund scheme, consent of unit-holders would mean consent by majority of unit-holders who participated in poll

While winding up mutual fund scheme, consent of unit-holders would mean consent by majority of unit-holders who participated in poll

Supreme Court observed that consent of unit-holders for winding up of mutual fund scheme would mean consent by a majority of unit-holders who have participated in the poll and not the consent of the majority of all unit-holders of the scheme. When the interpretation of any statute is beset with