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The theory of separation of powers was first propounded by the French thinker Montesquieu (in his book The Spirit of Laws). In Chapter XI of his book The Spirit of Laws Montesquieu writes: When the legislative and executive powers are united in the same person, or in the same body of Magistrates, there can be…
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“So often in life, things that you regard as an impediment turn out to be great, good fortune.”~ Justice Ruth Bader Ginsburg “Fight for the things that you care about. But do it in a way that will lead others to join you.”~ Justice Ruth Bader Ginsburg “My mother told me to be a lady.…
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The argument that low conviction rates justify arrests as punishment is rejected, emphasizing that only courts should determine guilt, not police. Rising crime due to population growth and unemployment doesn’t negate the need for law reform focused on serious crimes over minor offenses. The Supreme Court has directed releases in minor and non-economic offenses. “But…
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“10. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation, this issue has been considered in Saurabh Kumar v. Jailor, Koneila Jail, (2014) 13…
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“1. Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of quashing criminal proceedings, particularly, the charge framed in terms of Section 228 of the Code…
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The Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency like CBI only in rare and exceptional cases. Supreme Court Judgment ANALYSIS : 43. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only…
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