DR ANUPAM KUMAR MISHRA

  Ordinance Making Power (Article123) – By Isha Article 123 (1) provides: “ If, at any time, except when both Houses of Parliament are in Session, the President is satisfied that circumstances exist, which render it necessary for him to take immense action, he may promulgate such Ordinances as the circumstances appear to him to require.” An ordinance promulgated by the President has the same force and effect as an Act of the Parliament. The President may withdraw the Ordinance at any time. The Ordinance promulgated by the President is required to be laid before both Houses of Parliament. It ceases to operate at the expiration of six weeks from the reassembly of Parliament. However, if resolutions disapproving the Ordinance are passed by both the Houses before the expiry of these six weeks shall be reckoned from the date, the latter House meets. The President may promulgate Ordinances under Article (123) (1), with respect to all those matters with respect to which Parliament is com...

  SEXIST REMARKS  Sexist remarks made in the court, however subconscious be it,  is very common within the four walls of the courtrooms of Indian Judiciary. In the case of M.I Shadad vs Mohd. Abdullah Mir in the Jammu & Kashmir high court delivered by Justice Muzaffar Hussain Attar, Judge and Justice Bansi Lal Bhat, Judge held that serving of summons only of male adult member of the family, in the absence of the defendant was not discriminatory towards women. This was due to the age old Indian system where women having no identity outside her role of serving as  house-wives, going through motherhood, pregnancy, menstruation, mostly illiteracy or Parda Nashin. This legislation was passed so that Indian women were not expected to give out such services, rather expected to stay home and follow the social norms of the Indian society. The laws on marital rape is explicitly sexist as it gives out the notion that aa woman’s body is a legal possession of her husband, it ...

  CRIMINAL ATTEMPT INTRODUCTION: An attempt to commit a crime is an act which could constitute the offence if it were not interrupted. Once a criminal act reaches the stage of attempt the liability starts, as attempt takes the person closer to a successful commission of an offence.  TYPES OF ATTEMPTS:  Unsuccessful act Interrupted so couldn’t happen More than mere preparation  ATTEMPT AND IPC General Attempt Specific Attempt:  Section 307: Offence of attempt murder. Section 308: offence of attempt culpable homicide. Section 309: offence of attempted suicide. Section 393: offence of attempted robbery.  Attempt along with abetment or commission as offence.  THEORIES OF CRIMINAL ATTEMPT: Impossibility: legal impossibility arises when a defendant completes all of his intended acts, but the sum of his acts does not constitute a crime. It was laid in the case Queen Vs. Collins 1884, where it was held that a pickpocket was not guilty of attempt even when he ...

  Rule of law Rule of law is said to be a part of common law. It safeguards arbitrary rulings in individual cases. Rule of law doctrine says that law continues to be with us and governs our actions all of our life. Whatever mode of government is, the government should establish law in writing and adopt it in established procedures which helps in keeping checks and balances. Arbitrary ruling should not-be there and everything should be procedural. Example there is Delhi development authority 1957 by law rules etc is in consonance with established procedures(With respect to this act ) which helps in governance. Now there is no arbitrariness in context with procedure (Example procedure for denial of passport, removing anyone to expel someone by the police etc, when interest of public at large is questioned. Indian Context- Constitutional provisions beginning from fundamental rights and directive principle of state policy to various articles somewhere incorporate the principle of rule ...

  CONTRACT OF INDEMNITY INTRODUCTION: It has been derived from the latin word ‘indemnis’ which means unharmed or undamaged.  Section 124 – A contract by which one party promises to save the order from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity”. The contract of indemnity is a special type of contract, wherein, one party promises to indemnify/save the other party who is promised to be saved against the loss is known as ‘indemnified’ or ‘indemnity-holder’. The section defines a contract of indemnity as one under which the promisee promises to save the other from loss caused to him by the promisor’s conduct, or from the action of a third person.  The term ‘indemnity’ literally means to make good the loss or compensate for the losses.  SOME SPECIAL CASES OF IMPLIED INDEMNITY Section 69: according to this section is a party who is interested in payment of money which another is des...

  Citizenship – By Isha  The Constitution provides for single and uniform citizenship for the whole of India. In federal States like USA and Switzerland, there is a dual citizenship, viz., the federal or national citizenship and the citizenship of the State where a person is born or permanently resides. Central Government has exclusive jurisdiction to determine the question of citizenship. Any state Government or court has no power in this regard. The population is divided into two classes – citizens and non-citizens. Non-citizens do not enjoy all rights guaranteed by the Constitution. Indian citizens exclusively possess the following rights. The fundamental rights. Privileges to Officers such as those of the President (Article 58); Vice President (Article 66); Judge of the Supreme Court ( Article 124) or a High Court ( Article 217); Attorney General ( Article 76); Governor ( Article 157). The right to vote (Article  326) ; the right to become a member of Parliament ( Art...

  What are intellectual property rights? By swatee Shukla What is intellectual property? There are two types of property one physical and another intellectual. The term intellectual reflects the idea that its subject matter is the product of the mind and the intellect. These could be in the form of patents; trademarks; geographical indication; industrial design; layout design ( topographies) of integrated circuits; plant variety protection and copyright.  What is the intellectual property right? Rights of an inventor to derive economic benefits from his intellectual property; this right is called intellectual property right IPR. The theory is based on Locke’s labour which aids: ‘any product of labour should belong to me.’ Extending this logic, any product of my intellectual labour is ought to be considered as my property and I should have an exclusive right to use it for my benefit. This concept forms the basis of construing the produce of intellectual labour as property. Inte...

  Historical Development of Forensic Science in India and World Introduction: Crime in some form or the other has existed since the beginning of human race. With the advancement in science and technology the concept of crime as well as the methods adopted by criminals in its commission have undergone a phenomenal change. On one hand the intelligent criminal has been quick to exploit science for his criminal acts, on the other hand the investigator is no longer able to rely on age old art of interrogation and methods to detect crime. In this context forensic science has found its existence. The application of science and technology to the detection and investigation of crime and administration of justice is not new to India. Although our ancestors did not know forensic science in its present form, scientific methods in one way or the other seem to have been followed in the investigation of crime. Its detailed reference is found in Kautilya's `Arthashastra,' which was written abo...