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“The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High…
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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. Power of Quashing Criminal Charges to be Exercised Sparingly The Supreme Court in Amit Kapoor vs. Ramesh Chandra (2012) 9 SCC 460 emphasizes judicial prudence in exercising Section 482 of the Code, advising restraint in quashing criminal proceedings, except in extraordinary cases. It outlines the care needed in differentiation between civil wrongs and criminal…
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