Articles for This Principle

‘Brutal’: Attorney blasts Trump's plan to allow ICE arrests at schools and hospitals
4 weeks, 1 day ago

‘Brutal’: Attorney blasts Trump's plan to allow ICE arrests at schools and hospitals

Raw Story  

Despite public opinion polls that find the majority of Americans support a path to citizenship for undocumented immigrants, the incoming Trump administration is forging ahead with President-elect Donald Trump’s vow to begin his mass deportations of millions of people “on day one.” That will now include the green lighting of arrests of undocumented immigrants who happen to be sick in …

Children School Trump Enforcement Ice Immigrants Public
Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
1 month, 1 week ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

India Supreme Court Trial Constitution Court Bail Trial Court
Top court strengthens rule of law, reiterates separation of powers
1 month, 3 weeks ago

Top court strengthens rule of law, reiterates separation of powers

Hindustan Times  

The Supreme Court verdict establishing safeguards against arbitrary demolitions serves as a powerful statement against the misuse of executive authority, particularly in instances of what has been termed “bulldozer justice”. The top court observations on the rule of law, separation of powers and government accountability carry important implications for democratic governance, making it imperative to delve into the judgment’s key …

Law Constitution Court Demolition Due Process Judicial Process Public Trust
The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
5 months ago

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses

Live Law  

The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. 26: Judgment and Orders: Judicial Decisions as Authorities per incuriam has been elucidated as under: “A decision is given per incuriam when the court has acted in ignorance of a previous decision of its …

Law Supreme Court High Court Legal Constitution High Courts Court
Reservations to Dalit Christians and Muslims was a ‘Communal Award’ given by Sonia Gandhi for defeating Vajpayee: Why BJP has to resist it
2 years, 4 months ago

Reservations to Dalit Christians and Muslims was a ‘Communal Award’ given by Sonia Gandhi for defeating Vajpayee: Why BJP has to resist it

Op India  

On Tuesday, the Supreme Court of India issued a notice to the Union Government, asking for their response in a plea that said those Dalit Hindus who had converted to Christianity or Islam should be given the same reservation benefits as extended to the Scheduled Caste category. In the C.M Arumugam v S. Rajgopal and others, the court held that …

Christianity Court Islam Dalit Congress Caste Minorities
Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse
2 years, 5 months ago

Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse

Live Law  

The Supreme Court observed that, for the purpose of Exception 1 of Section 300 IPC, the last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi also clarified that this principle does not do away with …

Words Loss Court Provocation Indian Penal Code Accused Ipc
The Deontological Ethics Of "Polluter Pays Principle"
4 years, 3 months ago

The Deontological Ethics Of "Polluter Pays Principle"

Live Law  

Let me begin by asserting that there is an inexplicable thread that links human beings with the environment. An incident of marine oil spillage into the Arabian Sea made the National Green Tribunal reiterate and employ into the Indian scenario a universally-accepted rule known as the Polluter Pays Principle. However, in the Samir Mehta case the NGT held that despite …

Environment Law India Indian Duty Damage End
Cases of Multiple FIRs–Goswami Facts Needs A Re-Look In Future It Is Hate Crime, A Social Disorder!
4 years, 7 months ago

Cases of Multiple FIRs–Goswami Facts Needs A Re-Look In Future It Is Hate Crime, A Social Disorder!

Live Law  

The Arnab Goswami case in the Supreme Court resulted in quashing various similar FIRs which had been registered in different parts of the country relating to his TV programme broadcasted on 21.04.2020, viewed nationwide. On legal scrutiny, it can be seen that facts in most of those cases, though appear similar, legally they are different like FIRs have been registered …

Crime Mumbai Supreme Court Court States Incident Case
Section 99 Of Finance Act, 2020, Judicial Act And Its Constitutional Validity
4 years, 7 months ago

Section 99 Of Finance Act, 2020, Judicial Act And Its Constitutional Validity

Live Law  

Introduction Section 99 of Finance Act, 2020 has sought to amend the first proviso to section 254 of the Act in respect of granting stay in any proceedings relating to an appeal filed before the Hon'ble Income-tax Appellate Tribunal. The above argument would be contrary to the presumption that the Legislature being the representatives of the people enacts laws which …

Finance Supreme Court High Court Appeal Court Constitution Bench Constitutional
Vizag Gas Leak: 'Strict Liability' Or 'Absolute Liability'?
4 years, 8 months ago

Vizag Gas Leak: 'Strict Liability' Or 'Absolute Liability'?

Live Law  

On Friday, the National Green Tribunal ordered LG Polymers to deposit Rs. "Leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of 'Strict Liability' against the enterprise engaged in hazardous or inherently dangerous industry", the Tribunal observed. The principle of "strict liability", evolved in the year 1868 in the case of …

India Delhi Court Liability Enterprise Supreme Act
COVID 19 Outbreak And The International Liability Regime: A Legal Perspective On The Class Action Complaint In Texas District Court
4 years, 9 months ago

COVID 19 Outbreak And The International Liability Regime: A Legal Perspective On The Class Action Complaint In Texas District Court

Live Law  

Introduction: The outbreak of severe acute respiratory syndrome coronavirus 2 called as COVID 19 in China and subsequently spread to all over the world is a pandemic and threatening situation for the entire humanity. Therefore, filing the present Class Action Complaint in Texas District Court is in accordance with the national laws of United States. Therefore filing of this class …

Law International Law International China Legal Action Court
Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment]
5 years ago

Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment]

Live Law  

In a notable judgment in service law, the Supreme Court has held that a candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of "misconstruction of statutory rules and discriminating consequences arising therefrom".This was held by a bench comprising Justices Deepak Gupta and Surya Kant while deciding …

Judgment Bihar Court Selection Hospitals Process Rules
What is Meant By 'Moulding Of Relief'? Principle Explained
5 years, 2 months ago

What is Meant By 'Moulding Of Relief'? Principle Explained

Live Law  

The Muslim parties in the Ayodhya-Babri Masjid title dispute case have urged the Supreme Court to 'mould the relief' in the case in such a fashion to reflect the 'constitutional values that this great nation espouses'. The Hindu parties individually submitted their notes on what alternate relief they sought, if the primary relief of title/ownership was not granted to them. …

Law Justice Judgment Court Parties Courts Relief
Drafting Committee Of The International Law Commission Provisionally Adopts Draft Principles Protecting The Environment In Conflict [Read Report]
5 years, 4 months ago

Drafting Committee Of The International Law Commission Provisionally Adopts Draft Principles Protecting The Environment In Conflict [Read Report]

Live Law  

Drafting Committee of the International Law Commission on July 8 provisionally adopted eight draft legal principles to strengthen environment protection before, during and after armed conflicts. The Commission identified gaps in existing laws that protect the environment during war and armed conflict with the help of numerous Post-Conflict Environmental Assessments made by the United Nations Environment Programme and a report …

Environment Law International Law International Environmental Natural Resources State