LEXIS AND COMPANY

  Anuradha Basin v/s Union Of India: An Analysis based on Natural Law By Nemi Bhavsar Natural law is often depicted as an abstract structure suspended in the heavens, of which positive law is merely a doppelganger. Man's law of self-preservation or an operative law of nature constraining man to a certain course of conduct has been envisioned as the natural law. Article 19 of India's constitution grants certain human rights. Article 19(1) states the freedom of speech and expression.[1] India, is the world's most populous country and has the world's largest democracy. It has a broad need to safeguard the freedom of speech and expression. After a major element of American jurisprudence, the right is taken from English law. Article 19(1)(g)provides rights to practise any profession or to carry on any occupation, trade or business. Under Section 144 of The Code Criminal Procedure, Any executive magistrate empowered by the state has power to issue orders in urgent cases of

  Procedure of the Trial Court for Civil Lawyers By Nemi Bhavsar Civil law in India is concerned with conflicts between individuals, organisations, or both, in which the individual's or organization's rights and liabilities are determined. In some civil proceedings, the victim may also be given compensation, apart from the remedies he has sought for. The governing principle of Civil Law is that where there is a wrong there is a remedy. Code of Civil procedure is the procedural code in general for Civil proceedings in India. The procedural law in Civil Law is the Code of Civil Procedure and the substantive law can be Hindu Marriage Act, Indian Succession Act, Indian Contract Act, etc. The Indian Evidence Act is adjective legislation that governs substantive law pleading, evidencing, and process. Important steps in filing a Suit under civil law, and the related provisions of CPC: Section 9, Code of Civil Procedure empowers Civil Court to try any civil matter in its jurisdiction

  Life Imprisonment in India Once recommendations have been made, they cannot be considered a substitute for such a penalty. The High Court was wrong to believe that a person sentenced to life imprisonment had the right to be released after a 20-year sentence, including remission. In Gopal Vinayak Godse it was held against the state of Maharashtra that life imprisonment is life imprisonment and nothing else and therefore a prisoner sentenced to life imprisonment is obliged to spend the rest of his life in prison. But it has not been denied that such a sentence could be commuted or waived by the competent authority, in this logic it was confirmed by a chamber of three judges of the Supreme Court that the Criminal Code and the Rules of Procedure clearly distinguish between life and prison sentences. This was rejected by a broad tribunal of the Bhagirath & Ors vs Delhi Administration and it was found that for the purposes of compensation, conversion and tolerance of sentences under th

  Is the Introduction of DPSP Into India's Constitution is Significant? India's Constitution is the world's longest written constitution of any independent country. The Indian Constitution, on the other hand, is known as a jumble of borrowings due to its numerous origins of many aspects. The provision of the Directive Principles of State Policy is the key component inherited from the Irish Constitution (DPSP). The DPSP is enumerated in Part IV of the Indian Constitution, which indicates that it is the State's responsibility to adopt these principles throughout the legislative process. Socialist Directives, Gandhian Directives, and Liberal Intellectual Directives are the three primary groups of these principles. The mechanism for nominating Rajya Sabha members was also taken from Ireland. Background: The concept of Directive Principles of State Policy (DPSP) originated in the Spanish Constitution and was adopted by the Irish Constitution. Article 45 of the Irish Constitu

  Atheism and Indian Constitution India is declared to be secular country. Everybody is independent to practice his or his religious faith or belief in Indian Republic. This was the basic difference between India and Pakistan, when in the year 1947 the two got independence. When our country became independent it adopted Secular ideas in so far as religion is concern. It is a fact that every citizen in India is free to choose and practice his own religion. Though atheism is popular way of faith being practiced in India. Since ancient days , Charwaka way of life was there, who did not accept existence of any divine power. Besides this, seeds of atheism also found seed in Buddhism, Sankhya philosophy etc. Though atheism is also one of the popular way of life in India, however in literal sense, this concept was not mentioned in India Constitution. Thought this word does not found mention in Indian Constitution, but right this very right to practice flows from article 25 of Constitution of

  Medical Negligence During the Pandemic In 2020, the whole world experienced mortal terror as one. The rapid spread of the coronavirus had disastrous effects on the economy, people and medical infrastructure of all the nations across the globe. With an unprecedented load on medical infrastructure, many cases of medical negligence sprung up which have necessitated action to be taken by the Legislature or Judiciary.   Through this process, the Indian government formulated various rules and regulations to prevent the spread of the virus and introduced diverse laws and schemes to protect the citizens from the unfavourable consequences.  Despite an acute shortage of resources and personnel, many hospitals and frontline workers were blamed for medical negligence. There were even incidents of doctors being attacked by the families of the deceased.  This in turn has inculcated a sense of fear in the minds of the doctors. To remove this fear and allow medical staff to work at their best, the E

  Capital Punishment- by Vedant Karia at LexCliq Capital Punishment, also known as the death penalty, is the execution of an offender sentenced to death following a court-ordered conviction of a criminal offence. The Indian criminal justice system is a critical component of capital punishment. When India gained independence in 1947, it retained the 1861 Penal Code, which included the death penalty for murder. Several members of the Constituent Assembly expressed support for abolishing the death penalty during the 1947–1949 drafting of the Indian Constitution, but no such provision was included. Over the next two decades, private members bills to abolish the death penalty were introduced in both the Lok Sabha and the Rajya Sabha, but none were adopted. Between 1950 and 1980, it was estimated that between 3000 and 4000 people were executed. Measuring the number of people sentenced to death and executed between 1980 and the mid-1990s is more difficult. Annually, it is estimated that two o