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Constitutional Law Articles


Judicial View of Woman KARTHA

  G. ARAVINTHAN   01 June 2009 at 11:27

The possibility of female being the Karta in presence of senior male member is being ruled out. But the question is whether in the absence of the manager, whether by prolonged journeys abroad or by dying without leaving another manager to succeed hi ..


Posted in Constitutional Law |   1925 Views


Territorial jurisdiction of High Court

  Swami Sadashiva Brahmendra Sar   30 May 2009 at 22:41

Territorial jurisdiction of High Court 1. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20(c) of the Code of Civil Procedur ..


Posted in Constitutional Law |   2746 Views


Amicus Curiae

  G. ARAVINTHAN   29 May 2009 at 11:10

Amicus curiae[1] or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as “friend of the court”, that refers to someone, not a party to a case, who volunteers to offer information on a point of law or ..


Posted in Constitutional Law |   2613 Views


International law on the term ' Rape'

  G. ARAVINTHAN   27 May 2009 at 10:37

The rule of strict interpretation does not also prevent the court from interpreting a statute according to its current meaning and applying the language to consider the recent scientific developments and the knowledge it provides us with. Thus, in R ..


Posted in Constitutional Law |   1219 Views


State Judicial Service - who is empowered to frame rules?

  Swami Sadashiva Brahmendra Sar   26 May 2009 at 10:38

On a plain reading of Arts. 235 and 309 of the Constitution, it is clear that the power to frame rules regarding seniority of officers in the judicial service of the State is vested in the Governor and not in the High Court. Article 235 itself define ..


Posted in Constitutional Law |   1063 Views


argument beyond pleadings

  Swami Sadashiva Brahmendra Sar   26 May 2009 at 10:38

The Courts should ordinarily insist on the parties being confined to their specific written pleadings and should not be permitted to deviate from them by way of modification or supplementation except through the well-known process of formally applyin ..


Posted in Constitutional Law |   2121 Views


FOREIGN JUDGEMENTS AND ITS LEGALITY

  M. PIRAVI PERUMAL   25 May 2009 at 10:47

A foreign Court is defined as a court situate outside India and not established or continued by the authority of the Central Government. And a Foreign Judgment means a judgment of a foreign court. . In other words, a foreign judgment means adjudicat ..


Posted in Constitutional Law |   1361 Views


How to combat Noise Pollution?

  G. ARAVINTHAN   25 May 2009 at 10:47

Man is a social animal; he needs comfort in every sense. People are not able to enjoy their lives completely because of the depletion in the environment and this happens because of the hostility between man and environment. Due to the advancement of ..


Posted in Constitutional Law |   2039 Views


Legal Aid under Legal Services Authority Act

  G. ARAVINTHAN   25 May 2009 at 10:47

According to Section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case' which includes a suit or any proceeding before a court. Section 2(1) (a) defines the 'court' as a civil, criminal or revenue court and includes any tribunal ..


Posted in Constitutional Law |   2049 Views


Freedom of PRESS

  G. ARAVINTHAN   25 May 2009 at 10:47

Freedom of press has always been a cherished right in all democracies . "Growth and development of representative democracy is so much intertwined with growth of press that the press has come to be recognized as an institutional limb of modern ..


Posted in Constitutional Law |   2368 Views