Arrest under CrPC, India. To make sure that the power to arrest is not arbitrary exercised by the police officer Article 22 of the constitution of India and chapter V of criminal procedure code provides direction for safeguards against arbitrary arrest.
Table of Cases . Ajit v. State of Assam, 1976 Cri.L.J.1303 2. Amrik Singh v. State of Punjab 2000 Cri. L.J 4035 3. Anil Anantrao Lokhande v. The State of Maharashtra, 1981 Cri.L.J. 125. 4. Associated Provincial Picture House ltd. v. Wednusbury Corn, [1947] 2 AllER 680. 5. Beim v. Goyer, [1966] 4 C.C.C. 9. 6. Brijesh Kumar v. The State, 1996 Cri.L.J. 1536 (Allahabad). 7. C.C.Welfare Council of India v Government of Maharashtra 1995 Cri L.J 4223. 8. Challa Ramkonda Reddy v. State of A.P, AIR 1989 AP 235. 9. Chandrika Prassad v. Hiralal AIR 1924 Pat 312 . 0. Collector of Malabar and another v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. 1. Delhi Judicial Service Association, Tis Hajari Court, Delhi v. State of Gujarat, AIR 1991 SC 2176. 2. Dilavar Hussain S/o Mohammadbhai Laliwala, etc., Appellants v. State of Gujarat and another, Respondents, AIR 1991 S.C 56 3. Directorate of Enforcement v. Deepak Mahajan, AIR 1994 SC 1775. 4. Dr. Ghanshyam Narayan Singh v. State of Bihar, 2001 Cri.L.J. 2811 (Patna). 5. Erram Santosh Reddy and others, Appellants v. State of A.P., Respondent, AIR 1991 S.C 1672 6. Fox, Campbell and Hartlay v. United Kingdom, 182 European Court of Human Rights Reporter (1990). 7. G v. D.P.P., [1989] Crim L.R. 150 8. Gauri Shankar Jha v. State of Bihar and others, AIR 1972 SC 711. 9. Gerstein v. Pugh , 420 U.S. 103 (1975). 20. Guljarsing v. State
Homicide - Maltese Law.
HOMICIDE Maltese Law Manzini commenting on the offence of wilful homicide, considered that, [o]ggetto della tutela penale, in relazione ai delitti di omicidio, è l'interesse dello Stato concernente la sicurezza della persona fisica, in quanto riguarda particolarmente il bene giuridico della vita umana, considerato nella relazione fra uomini.1 From this reflection it seems quite evident that the law in creating the offence of wilful homicide, tries to protect human life from ending preternaturalmente per il fatto dell'altro uomo.2 Some authors thought that, homicide could be simply defined as: la uccisione dell'uomo commessa dall'altro uomo.3 Carrara however observed that this definition is rather unsatisfactory, as it excludes an essential characteristic of the material element of the offence. The death of a person, which could in some way or another be attributed to another person, does not necessarily entail the perpetration of a homicide. Thus Carrara opted for a more precise definition of the material element of the offence. He stated that [l']omicidio...si definisce - la strage dell'uomo ingiustamente commessa da altro uomo.4 The definition of wilful homicide in section 211(2) of the Maltese Criminal Code, is to a certain extent even more complete than the above statement as it incorporates also an illustration of the mental element. Under this section, A person
Irish Contract Law - In the post-1922 period, Irish legislation in the area of contract has not been particularly noteworthy. In particular, Ireland has not legislated in the area of mistake or frustration. The answers to the questions presented to us b
Contract Introduction Irish contract law is rooted in the Common law tradition. Until the Foundation of the Irish State in 1922 the structural links between the Irish legal system and the English common law were extremely strong1. The administration of justice revolved around the same court structure as that found in England (E.g. Irish courts of common law and Irish courts of equity, etc.) and with the abolition of the Irish Parliament in the 1800 Act of Union the Westminster Parliament legislated for Ireland until 1922. As a result, some of the key statutes that were in force in Ireland, statutes that passed into Irish law in 1922 by way of transitional provisions in Treaty law and under statute, were Westminster Parliament statutes. Indeed, the Sale of Goods Act 1893, as amended by subsequent Irish statutes, remains the basis of Irish sale of goods law. Cases decided by the English courts prior to 1922 are regarded as being of significant precedent value and the doctrine of stare decisis is followed by Irish courts. Post-1922 English cases are not binding on Irish courts but decisions of the English appellate courts, and the House of Lords in particular, have strong persuasive value. Cases from Australia, New Zealand and Canada have also been followed by Irish Courts. In the post-1922 period, Irish legislation in the area of contract has not been particularly
International Human Rights Laws - North Korea.
INTRODUCTION In the eyes of many, North Korea has various human rights problems. The largest issue that the North Korean people face is the shortage of food. Many North Koreans starve each year due to this shortage. This issue causes many people to flee to other countries in search of food or better living conditions. This is the second human rights problem area in North Korea: the problem of refugees and human trafficking. Finally, and inextricably related to the first two problems, are the prison camps in North Korea. Initially, this paper will address the relevant international human rights laws. Next, the social and political background of North Korea, including the government regime and political leader, General Secretary Kim Jong Il will be discussed. The most relevant North Korean laws will be evaluated throughout the paper where most relevant, rather than in one section, to show for what reasons citizens may be imprisoned and the punishment they face for fleeing, or even attempting to flee, North Korea. Next, the problems of food shortages, refugees and human trafficking will be discussed. A detailed description of the prison camps and inhumane treatment and torture of the prisoners will follow. These camps and the plight of North Korean citizens is, to a certain extent, an issue of worldwide concern. Finally, possible remedies that North Korea itself
A Harsh Truth: Prisons, Women and Political Prisoners.
A Harsh Truth: Prisons, Women and Political Prisoners Molly Spector Law Seminar Prof Walsh Introduction I live in a safe world, a just world, a good world. That is what I have believed until recently. That is what I still desperately want to believe. The truth is harsh and cruel; it offers no solace, and destroys my faith in my country and the people governing it. The United States with its flags, its pride, its democracy, hides a great deal behind its stars and stripes. The US imprisons those who are not of the right skin color, class or political belief. Punishment is political. But, the imprisonment of individuals based upon their political ideologies, beliefs, and willingness to challenge the oppressive hegemony of the US deserve a separate distinction. It is the US' official stance that it does not have political crime or political prisoners. The US has a great deal of stake in denying certain individuals this right. For the voices of those who claim political prisoner status dare to oppose the almighty power of the US, who has knowingly raped, pillaged, and destroyed people, nations, and all that happens to get in its path. These people oppose the US' imperialistic policies and the degradation and mistreatment of minorities; they defend basic human rights, and the US will not stand for this. They wish these people to be forgotten, and all too often they are. It
Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc
"Legal education is essentially a multi-disciplined, multi-purpose education which can develop the human resources and idealism needed to strengthen the legal system. A lawyer, a product of such education would be able to contribute to national development and social change in a much more constructive manner."-- S.P.Sathe 1 INTRODUCTION 'Law is the cement of society and an essential medium of change'. Knowledge of law increases one's understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence and it cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to create cultured law abiding citizens, who are inculcated with concepts of human values and human rights. That is why Roscoe Pound described a member of legal profession as one pursuing 'a learned art' as a special calling, demanding high quality of study and research and a commitment to the cause of justice.2 The study of law must, therefore, be of that quality and standard as would justify Roscoe Pound's description of a professional. MEANING AND IMPORTANCE OF LEGAL EDUCATION According to Babylon's Dictionary, "Legal education is the education of individuals who
Land law. The purpose of this paper is to present an analytical and investigative study to examine the relationship between the identification of the causes of incomplete contracts and the extent to which this can help protect business interests. To asses
Contents PROTECTION OFF CONSUMERS WHEN CONTRACTS GO UNPERFORMED 1 Contents 2 INTRODUCTION 3 CHAPTER ONE 7 THE SOURCES OF CONTRACT LAW UNDER ENGLISH AND AMERICAN LAW 7 IMPACT OF THE SOURCES ON THE DEVELOPMENT OF AND CHANGES IN LAWS 8 Changes in Law and Interpretation 9 CHAPTER 2 9 INCOMPLETE CONTRACTS 9 CIRCUMSTANCES THAT LEAD TO NON-COMPLETION 10 Agreement 10 Discharge by Frustration 11 Breach of Contract Terms 13 Performance 14 COMMERCIAL CONSEQUENCES OF INCOMPLETE CONTRACTS 15 Case Study Scenarios 18 Intention 19 PRINCIPLES THAT MAY BE APPLIED IN EACH CIRCUMSTANCES 20 Intervening Impossibilities and Frustration 20 Force Majeure Clauses 21 Non-performance 22 Breach of Contract 24 Legislations 24 Remedies for Non-completion of Contracts 25 CHAPTER THREE 26 RECOMMENDATIONS FOR FUTURE RESEARCH 26 CONCLUSIONS 28 INTRODUCTION Over the last few decades, a great deal of research attention has been dedicated to the study of contract law. The field of incomplete contracts in relation to commercial consequences and the measures that companies can take to secure their positions are is still in need of further study and research. , not least because of constantly changing business, legal and technological environments. The impacts of possible changes in business laws and policy have a major significance in dispute settlements, such as those occasioned by
Analysis & Comments on Arbital Awards.
Analysis & Comments on Arbital Awards Introduction: In the following presentation I will present a selection of arbitral awards issued by the French Arbitral Tribunal and comment on the clauses of these awards by showing similar legal clauses in the Kuwaiti Arbitral Tribunal, in both normal arbitration and judicial arbitration. In addition, I will demonstrate the differences between the two laws and how the respective legislators dealt with the issues regarding the arbitral proceedings. This will clarify for the reader the positive and negative aspects in dealing with the arbitration process in all areas. Thereafter, I will make suggestions to cover some of the deficits or failures in the two laws. This type of comparison study reveals the positive and negative aspects of the Kuwaiti arbitration law as a research subject. As mentioned previously, the presentation of the positive and negative aspects of a theory and assuring its occurrence and success in practical application in the legal field, cannot be achieved successfully until other, similar theories are presented which show the disparate and different aspects between them and the effects of one on the other in achieving efficiency in the arbitration system. An individual cannot ascertain whether he has in practice made significant and tangible progress until he is challenged by another party on the competence of
Unilateral Divorce in Muslim Law
INTRODUCTION The Muslim law of divorce is the logical consequence of the status of marriage. As it regards marriage as an Aqd or a contract, it confers on both the parties to the contract the power of dissolving the tie or relationship under certain specified conditions. Divorce is one of the institutions of Islam regarding which much misconception prevails, so much so that even the Islamic law as administered in the courts, is not free from these misconceptions. Muslim law knows various forms of dissolution of a marriage, at the initiative of the husband, the wife, by mutual agreement, or by judicial process.[1] On Muslim law of divorce in general and the Hanafi law in particular, it can be said that divorce at the instance of the husband is prominent and rather simple. However, this does not mean that divorce is treated as desirable. In fact, there is a much quoted saying of the Prophet to the effect that, of all permitted things, divorce is the most reprehensible.[2] Divorce at the instigation of the wife has often been portrayed as particularly difficult, and this is certainly true for Hanafi Muslim law, which is most restrictive in this regard. But the issue should not be overstated, since the basic principle of Muslim divorce law is that a marital bond which does not function any more should be terminated to avoid further problems.[3] The pre-Islamic law, treating
POLICE AND HUMAN RIGHTS: This project aims to look into the very basic idea of Human Rights with respect to the police processes especially in the case of arrest for this purpose the law of arrest in India will be compared with International Conventions.
CHAPTER 1: INTRODUCTION "Although the courts have not assumed to define 'liberty' with any great precision, that term is not confined to mere freedom from bodily restraint. Liberty under law extends to the full range of conduct, which the individual is free to pursue, and it cannot be restricted except for a proper governmental objective".... Warren. Former Chief Justice of Supreme Court of United States Human Right violations by a law enforcement agency like Police is a universal malady but in a democratic set-up, the operational styles of the public institutions should be geared to respond to the needs of the good governance and that is assured by the special aspect that they draw sustenance from the people's support and elicit public participation in their working. This weight of democratic accountability on the law enforcement agencies must lead towards a consistent and humane environment so that the human rights culture, which is desired by the most, must be positively promoted. Across the world there is a revamping of institutions of Government in the light of the well-recognized human rights standards. Human Rights are inherent in a person by virtue of his/her being a human. They comprise both civil and political rights as well as economic, social and cultural rights. Criminal justice as a vital institution is also reoriented in the same spirit. However, there are