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10 major differences between Section 125 CrPC and Senior Citizens Act (Maintenance and Welfare of Parents and Senior Citizens Act 2007). 1. Provision of Maintenance Preventing destitution is one of the major objective of any social legislation. Recognizing this fact, the law makers created provision for maintenance of parents under Sec 125 CrPC. Notwithstanding the said provision,…
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When does an Act become Law? When does an Act passed by Parliament become enforceable? How is an Act notified to public at large? Relevant Supreme Court Judgment on how to notify the public… 1. Introduction In India, the process of law making begins from introduction of a proposed Bill in parliament, followed by a…
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Landmark judgments of Supreme Court on Fraud /Deceit. How fraud vitiates justice. Inherent power of Court to recall order obtained by fraud. 1. Introduction What constitutes fraud? When is fraud said to be committed? How do Courts decide on fraudulent cases? How is justice vitiated by fraud? Verdict of Supreme Court on fraud? … You…
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Abundaans cautela non nocet – Abundant caution does no harm. Actio exteriora indicant interiora secreta – External actions show internal secrets. Actio personalis moritur cum persona – A personal action dies with the person. Actor qui contra regulam quid adduxit, non est audiendus – He ought not to be heard who advances a proposition contrary to…
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1. What is Judicial Review? Judicial Review under the Indian Constitution refers to the power of the judiciary, particularly the Supreme Court and High Courts, to review the constitutionality of laws, executive actions, and legislative acts. If any law or action is found to be inconsistent with the Constitution, it can be declared unconstitutional and…
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The Supreme Court of India asserts that the rule of law is fundamental to the Constitution, ensuring legality and rejecting arbitrary power. Judicial independence is crucial for this principle. The Constitution’s essence, reflected in Articles 14, 19, and 21, embodies equality and opposes arbitrariness, vital for democracy and the rule of law.
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