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Husband jobless wife governt employee ask maintanence child

Page no : 2

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 June 2015

Okay Sir,

 

And for International human rights courts?

 

Any valuable data, grounds, citation? valuable links?

Biswanath Roy (Advocate)     04 June 2015

International Human Rights Court lacks jurisdiction and competence to try, hear and determine your subject grievance.  Because it deals with International Human Rights Law. This body of International Law designed to promote and protect human rights at the international regional and domestic levels. As a form of International Law, International Human Rights Law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them, and customery international law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Other international human rights instruments while not legally binding contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of Political obligation.

The relationship between International Human Rights Law and Humaniterian Law is disputed among International Law Scholars conceive international human rights law as being distinct from international humaniterian law proponents of the constitutionalist approach regard the later as a subset of the former. In a nutshell those who favors seperate, self contained regims emphasize the differences in applicability International Humanitarian Law applies only during armed conflict.  On the other hand, a more systemic perspective explains that international humaniterian law represents a function of international human rights law, it includes general norms that apply to every one at all time as well as specialized norms which apply to certain situations such as armed conflict and military occupation or to certain groups of people including refugees ( i.e., the 1951 Refugee Convention ), children ( the Convention on the Rights of the Child ) and prisnors of war ( the 1949 Geneva Convention III )

CompelledToLearnLaw (Financial Examiner)     04 June 2015

Good debate.

 

Wish u a long life Advocate Roy ji. Much respect.

Biswanath Roy (Advocate)     04 June 2015

After all debate with a O man eater. Thanks for your good wishes.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

Actually the original query has vanished and finally ended up as a debate.

Biswanath Roy (Advocate)     05 June 2015

Yes, sometimes it happens, even in the court during arguments. I can remember one case while I was arguing on behalf of a big diamond merchant before Hon'ble Mr. Justice Shankar Prosad Mitra, The Chief Justice of Calcutta High Court as he was the then in 1976 wearing a diamond ring in my finger, Hon'ble Justice noticed it and suddenly cut jokes to me and said " Mr. Roy , you seems to be sticky to defend a diamond merchant because you like diamond". Immediately after I replied "yes My Lord I know you also have some diamonds in your locker ". Hon'ble Justice smiled a little

In another case on compleation of my argument in a compnay matter before Hon'ble Mr. Justice Jagadish Sharan Verma at Madhya Pradesh High Court ( Jabbalpur Bench ) in the year 1984 , Hon'ble Judge proposed to fix up next date in the first week of April and asked my opposite Senior Counsel Mr. R. S. Dwivedi of Allahabad High Court whether first week of April will suit him to attend his court, he replied 'NO' then His Lordship asked me the same question but in reply I submitted not to fix it up on 1st. April. Hearing my such submission all the counsels present in the court room, my opposite counsel even Hon'ble Justice Verma started loughing.

Therefore, it may be noted that sometimes we shift our discussion on some other subject leaving behind the subject matter on issue.


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