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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 May 2016
Vol 22, Part 5   
COVER STORY - by Hemant Kumar, Consulting Editor
NATIONAL COURT(S) OF APPEAL
Delineating or Detracting Apex Court's stature?

Has the time come for reincarnation of our Supreme Court converting it into a purely Constitutional Court with suitably revisiting its existing purview by duly segregating its judicial appellate powers in respect of ordinary civil and criminal cases and relegating the same to a proposed National Court of Appeal with Benches ? Well, this idea is easier to be professed than to put in practice. Be what may, whatever the Apex Court adjudicates over this vexed issue but the final call over the same would remain in the hands ...... Read More..
LAWYERS UPDATE
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Article

   India's Insolvency and Bankruptcy Legal Regime - by Divya Sharma

India's financial distress mechanism is in crisis. Companies that fall into hard times spend six to eight years trying to resolve the situation. Banks are saddled with massive amounts of non-performing loans, affecting their willingness to lend to new projects..... Read More.....

   It's All About Evidence - by Shilpa Bhasin Mehra

Evidence, broadly construed, is anything presented in support of an assertion. This support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion.....Read More.....

Case Study

   Consent for Operation and Section 88 IPC - By Anoop K. Kaushal

Dr. Gopinatha Pillai T.M. v. State of Kerala and Anr
Facts: The petitioner, who was working as Civil Surgeon at the Taluk Headquarters Hospital, Kanjirapally filed Crl. M.C. to quash all proceedings initiated against him in C.C. No. 389 of 1999 on the file of the Judicial First Class Magistrate Court-II, Kanjirappally on a private complaint filed by Girijakumari, that on 12-10-1998 her minor daughter was admitted to the Taluk Headquarters Hospital, Kanjirappally due to severe stomach ache. The petitioner examined the girl and decided to remove the appendix and accordingly, she was subjected to surgery “appendectomy” on 17-10-1998. It was alleged that due to the negligence of the Doctor the right ovary of the complainant's daughter was lost and the loss of right ovary was never informed to her or her daughter; that when her condition became serious, she was taken to the Medical College Hospital. There she realised that her daughter's right ovary has been lost because of the negligence of the accused. The petitioner was accused for offences under sections 336 and 338, IPC.Read More....

Study Abroad

   School of Law University of Aberdeen

Law has been taught at the University since its founding in 1495. The School of Law offers an extensive range of both undergraduate and postgraduate programmes of study. The School of Law feels proud on delivering high quality, engaging and academically challenging programmes. The learning environment is one of support and personal development leading to well rounded and highly employable graduates. The School of Law offers a wide variety of LL.B. degrees, plus an accelerated degree for graduates. A varied Graduate programme is offered including taught Masters degrees, research degrees and the Diploma in Professional Legal Practice. In the Times Good University Guide 2015 , the Law School is ranked 12th in the UK out of more than 90 law schools and in the top 5 for graduate prospects .... Read More.....

Editorial

   Editorial - Mr. Manish Arora

The Supreme Court, being the last court of appeal, the final interpreter and the supreme guardian of the Constitution apart from being the foremost upholder of the rule of law, carries on it shoulders the humungous load of not only dispensing justice to all those who known at its door but also to hand down just and rational determination of the questions of law that have farreaching consequences across the lenght and breadth of the world's largest democracy.
. .. .Read More.....

Cyber Space

   How Cybercrime is Evolving - Hemant Gade

The anonymous and borderless nature of cybercrime puts every organisation at potential risk. Once considered an irksome pastime of geeky teens, cybercrime has grown up fast. In 2014 its annual cost to the global economy the was estimated at US $445 billion. A 2015 Hewlett Packard-sponsored study of large U.S. companies found cyber-attacks growing “in frequency and severity” in every sector, at an average yearly cost per company of more than $15 million. Cybercrime's increasing scale and sophistication have elevated it into a full-fledged illicit industry... .Read More.....

S.C. Judgements

   INTRODUCTION OF BILL: Courts precluded from interfering
       Yogendra Kumar Jaiswal and others v. State of Bihar and others
       Criminal Appeal No. 6448 -52/ 11, decided on 10-12-2015 [Anil R Dev and Deepak Mishra, JJ.]
Read More.....

   REINVESTIGATION: Extraordinary Power of Constitutional Courts
       Pooja Pal v. Union of India and others ,
       Criminal Appeal No. 77 of 2016, d ecided on 22-1-2016 [V. Gopala Gowda and Amitava Roy, JJ.] 
Read More.....

   
 
 
  • * First woman chief Justice of Nepal is Sushila Karki.
  • * New Chairman of National Human Rights Commission is H.L Dattu.
  • * No fault liability means absolute liability even without any negligence or fault.
  • * An encumbrance in legal parlance is a liability on property.
  • * A husband and wife have a right to each other's company known as Conjugal right.
  • * Result of successful prosecution is conviction.
  • * Ipso facto means by reason of that fact.
  • * Requisition means Taking control of property temporarily.
  • * Ex parte means a decision or order passed in the absence of a defendant.
  • * British Constitution is a Unitary Constitution.
  • * Right to property is not a fundamental right.
  • * A puisne judge of a High Court is a judge other than the Chief Justice.
  • * Intra Vires means within the powers.
  • * Amongst the High Courts of India, Allahabad High Court has the maximum strength of sanctioned judges.
  • * Rana Bhagwan Dass is the only Hindu Chief Justice of Pakistan.
  • * Justice Surendra Kumar Sinha is the present Hindu Chief Justice of Bangladesh.
  • * Right to vote is a constitutional right. National Voters Day is celebrated every year on January 25 .
 
   
 
 
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