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The Fundamental Right

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What is a Writ Petition ? Types of Writ issued

What is a Writ Petition ? Types of Writ issued. A petition filed under Article 32 or Article 226 of the Constitution of India before the Hon’ble Supreme Court of India or The Hon’ble High Court of a State respectively for the protection of the Fundamental Rights or for the protection of any legal right as the case may be.  A writ petition can be filed against a person or government authority throughout the territory of India within its territorial jurisdiction only Or outside the territorial jurisdiction in case of the High Court only if the cause of action arises within its territorial Jurisdiction It is said that the Supreme Court of India is the defender of the fundamental rights of the citizen of India. In the golden words of Sri. Dr. BR Ambedkar, the architect of the Indian Constitution, the right to constitutional remedies is the heart and soul of the Constitution. We feel pride to note that the right to the constitutional remedies is the fundamental right of a citizen. Artic...

BLOG IDEAS FOR LAWYERS TO TRY

Blog the Law. Lawyer Blogger. Advocate Blogger. Legal Blog. Picture by iamashar. BLOG IDEAS FOR LAWYERS TO TRY Lawyers are very busy persons and they tend to have excellent writing and story-telling skills. They can utilize these skills along with their skill of persuasion to the fullest extent afterall they are the professionals who stands with confidence and poise to present a strong and effective claim in the courtroom or outside. They are the voices of truth and justice, and come prepared after months of research and development. Beside courtroom dramas and legal advising one another thing which really can help a lawyer grow, connect and reach the right people is by creating a Legal Blog and blogging regularly on range of targeted topics which he has better grip on. In India Lawyers are forbidden from advertising and as such blogging is an unique opportunity to gain more exposure in the targeted field. One cannot mistake to think that the entire range of the blogging audience is...

PRINCIPLES EVOLVED IN PIL. Public Interest Litigation in India.

  PRINCIPLES  OF  P I L.  Public Interest Litigation in India. The principles evolved by the Hon’ble Supreme Court in various cases for deciding different types of PIL are as under:   1. WELFARE OF THE PEOPLE PARAMOUNT CONSIDERATION:   Any person interested in the welfare of the people who are in a disadvantaged position can invoke the powers of the Court under Article 226 of the Constitution of India and Article 32 of the Constitution of India. The Court becomes constitutionally bound to protect the fundamental rights of these people and direct the State to fulfil its constitutional promises. 2. RELAXATION OF PROCEDURAL RULES OF PUBLIC IMPORTANCE :  If any issue relating to enforcement of fundamental rights of large number of people or public vis-à-vis the constitutional duties and functions of the State, if raised, the Court treats a letter or a telegram as a PIL. In such cases, the Court relaxes the procedural laws as also the law relating to pl...

Arbitration Agreement pursuant to Amicable Family Settlement. Family settlement, Mitakshara School of Hindu Law.

ARBITRATION AGREEMENT Arbitration Agreement pursuant to amicable family settlement. Family settlement, Mitakshara School of Hindu Law.  Arbitration Agreements are agreements or clause in a broader contract in which the parties agrees to settle the disputes, if arises, out of court, through arbitration, any dispute as defined that arises with your counterpart. Arbitration agreements are common in commercial contracts, consumer contracts and employment contracts, however, they can be proposed additions to any contract negotiation in which one, both or all parties agrees to settle it out of court. The awards and/or orders passed are binding in law and can be strictly enforced. Arbitration Agreement is rarely found for family settlements. But there are some wise men, who in order to save duties and taxes or otherwise, choose to settle the assets of the family, orally among themselves, and later on after acting upon such amicable settlement among themselves they decide to reduce such ...

MISREPRESENTATION OF COURT ORDERS.

MISREPRESENTATION OF COURT ORDERS. The authorities all hold that where the orders a court, more so in a pending proceeding, where some decision is yet to be taken, is misrepresented by the press, or a party to the litigation or so misrepresented as to cause prejudice to a party, whether by way of making him afraid of continuing the proceeding or to compromise the case, is contumacious and ought to be punished.  Reliance is placed, in this regard on: (a) Reliance Petrochemicals Ltd—v—The Proprietors of Indian Express Newspapers, Bombay, Pvt. Ld. And Others, reported in (1988) 4 SCC 592: AIR 1989 SC 190: The so-called informed Press may misrepresent the Court proceedings. We must remember that the people at large have a right to know in order to be able to take part in a participatory development in the industrial life and democracy. Right to Know is a basic right which citizens of a free country aspire in the broader horizon of the right to live in this age in our land under Articl...