One should not consider that Indian judiciary is as free as American judiciary. In the case of Raj Kapoor vs. State it was stated that “‘The world’s greatest paintings, sculptures, songs and dances, India’s lustrous heritage, the Konarks and Khajurahos, lofty epics, luscious in patches, may be asphyxiated by law, if prudes and prigs and State
CASE ANALYSIS SUCHITA SRIVASTAVA VS CHANDIGARH ADMINISTRATION Submitted By: Submitted To: Riyan Vatcha Ms. Aakanksha Kumar B.B.A. LL.B. Faculty of 1st Semester Constitutional Governance I NATIONAL LAW UNIVERSITY, JODHPUR SUMMER SESSION (JULY-NOVEMBER 2014) ACKNOWLEDGEMENTS On the completion of this project I find that there are many persons to whom I would like to express my gratitude, since without their help and co-operation the success of this educative endeavour would not have been possible. I welcome this opportunity to express my sincere gratitude to my teacher and guide,Ms. Aakanksha Kumar, Faculty of Constitutional Governance,
Opinion of the Court SUPREME COURT OF THE UNITED STATES No. 17-494 – Exam No. XXXXX STATE OF SOUTH DAKOTA v.WAYFAIR, INC., ET AL. CERTIORARI TO THE SUPREME COURT OF SOUTH DAKOTA JUSTICE MARCUM delivered the opinion of the Court. INTRODUCTION Today, the petitioner asks this Court to review and overturn our stare decisis in a case this Court decided in 1997in Quill Corporation.
DIAMOND, COMISSIONER OF PATENTS AND TRADEMARKS V. CHAKRABARTY CERTIORARI TO THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS. 447 U.S. 303, 206 U.S.P.Q. (BNA) 193 (1980) No. 79-136 Argued March 17, 1980 Decided June 16, 1980 FACTS The respondent Chakrabarty who was a microbiologist invented a live human- made micro- organism in 1972. This micro- organism was a bacterium from the genus pseudomons which contained two stable energy- generating plasmids and both of these plasmids provided a separate hydrocarbon degradative pathway.
THE NUREMBERG AND TOKYO TRIBUNALS The two tribunals expressed the principle that International Law may impose obligations directly upon individuals. As observed by the Nuremberg tribunal following the second World War ‘Crimes against International Law are committed by men and NOT by Abstract entities and therefore only by punishing individuals who commit such crimes can the provisions of International Law be enforced’. THE NUREMBERG TRIBUNAL Despite this early use of the term, the first prosecutions for crimes against humanity took place after the Second World War in 1945 before the International Military Tribunal (IMT) at Nuremberg. The charter that established the IMT of Nuremberg defined crimes against humanity as Murder, Extermination,
Like Hindus are governed by Hindu Law, Muslims are governed by Muslim law etc. And hence has differential rights for both men and women. Which in a way diminishes the value of women against men, where Men enjoy the superior post and women faces exploitation. And hence there is urgent need for the call of Uniformity of Rights under Personal Laws. Constitution of India The Constitution of India prohibits any kind of discrimination on the basis of caste, sex, religion, race or place of birth.
RESEARCH PAPER This is a research paper authored by Harshit Rai, a first year student of Symbiosis Law School, Pune for the National Seminar on "Law and Environment Protection : Issues and Challenges , organised by Faculty of Law of M.S University of Baroda, Vadodara. The paper has been co-authored by Mrs.Sujata Arya, faculty member of Symbiosis Law School. The title of the research paper is “Climate Justice in India: A Long Way Ahead.” Climate Justice in India: A Long Way Ahead By- Harshit Rai and Sujata Arya Abstract This research paper is based on the topic Climate Justice in India: A Long Way Ahead. The paper deals with the phenomenon of climate change and how it is related to the concept of climate justice with special focus on farmers. The paper in detail deals with the plight of Indian farmers due to the phenomenon of climate change and how it is related to the larger concept of climate justice.
Capt Deepak Kumar is a matrimonial case with a chequered history which indicates element of subjectivity in judicial approach in the same set of circumstances. Firstly, the trial and appellate courts found that the husband could not establish that his wife had treated him with cruelty, and thus divorce could not be granted. The middle path of judicial separation was adopted. However, the Division Bench of the Punjab and Haryana High Court granted divorce, and concluded that the acts of the wife amounted to cruelty. The Division Bench completely ignored the findings of the two previous courts, and held the wife’s acts as cruelty towards husband.
Proceedings in the case concerning the Temple of Preah Vihear, between Cambodia and Thailand, were initiated on 6 October 1959 by an Application of the Government of Cambodia; the Government of Thailand dividing raised two preparatory complaints, the Court, by its Judgment of 26 May 1961, found that it had jurisdiction. In its Judgment of 26 May 1961, by which it maintained its jurisdiction to settle upon the dispute submitted to it by the Application documented by the Government of Cambodia on 6 October 1959, the Court described in the following terms the subject of the dispute: "In the present case, Cambodia alleges a violation on the part of Thailand of Cambodia's territorial sovereignty over the region of the Temple of Preah Vihear and its precincts. Thailand replies by affirming that the area in question lies on the Thai side of the common frontier between the two countries, and is under the sovereignty of Thailand. This is a dispute about territorial sovereignty. " In its Judgment of June 1962 on the benefits the Court, 'by nine votes to three, found that the Temple of Preah Vihear
FILM REVIEW: NEIGHBOURS SUBJECT: LAW OF TORTS SUBMITTED TO: PROF. ARUNA VENKAT National Academy of Legal Studies and Research University of Law, Hyderabad. SUBMITTED BY: MRUDULA KARUMANCHI, B.A., LLB. 1ST YEAR, 1ST SEMESTER, ROLL NO. 2015-22. TABLE OF CONTENTS: I.