Home/judiciary
- Recent Questions
- Most Answered
- Answers
- No Answers
- Most Visited
- Most Voted
- Random
- Bump Question
- New Questions
- Sticky Questions
- Polls
- Followed Questions
- Favorite Questions
- Recent Questions With Time
- Most Answered With Time
- Answers With Time
- No Answers With Time
- Most Visited With Time
- Most Voted With Time
- Random With Time
- Bump Question With Time
- New Questions With Time
- Sticky Questions With Time
- Polls With Time
- Followed Questions With Time
- Favorite Questions With Time
CPC
Based on the concept of “order of joining the parties”, under Order I, Rule 1 of CPC under Civil Procedure Code, 1908 of India, whether two more people can appear and approach a single court in a single suit. Legal provisions: The 'Order I, Rule 1 CPC, mentions that: Any number of individuals can beRead more
Based on the concept of “order of joining the parties”, under Order I, Rule 1 of CPC under Civil Procedure Code, 1908 of India, whether two more people can appear and approach a single court in a single suit.
Legal provisions:
The ‘Order I, Rule 1 CPC, mentions that: Any number of individuals can be brought together as claimants in a single action where —
or (a) any right to relief arises out of the same act or transaction or series of acts or transactions; and
It might do so (b)-(b) if such persons brought separate suits, any common question of law or fact would arise.
Application to the Case
1. Common Right to Relief:
Both Universities have the same complaint against A because when A employed the title “The Oxford and Cambridge Publications” people are led to assume that the books are published by the said Universities. This confers on both plaintiffs a ‘common right to relief’ in preventing A from employing the misleading title.
2. Same Act or Transaction:
Even a single transaction involved in the act of publication of books under the misleading title is abusive of th goodwill and reputation of both the Universities.These are common issues which if the Universities had filed separate suits they would have been raised as follows: more people can join and move before a single court in a singular lawsuit.
Legal provisions:
The ‘Order I, Rule 1 CPC, mentions that: “All persons may be joined as plaintiffs in one suit where —
(a) any right to relief arises out of the same act or transaction or series of acts or transactions; and
(b) if such persons brought separate suits, any common question of law or fact would arise.”
Application to the Case
1. Common Right to Relief:
The two Universities have a common grievance against A, because A’s use of the title “The Oxford and Cambridge Publications” gives rise to the belief that the books are published by either or both institutions. This gives both plaintiffs a ‘common right to relief’ in restraining A from using the misleading title.
2. Same Act or Transaction:
The act of publication of books under the misleading title itself is a ‘single transaction’ that infringes goodwill and reputation of both the Universities.
3. Common Questions of Law and Fact: If separate suits were filed by the Universities, they would have common issues such as: Whether A’s use of the title is deceptive.
– Whether it violates the rights of the Universities.
The area affected by the calamity as well as the degree or intensity of the identified loss.
Joining an action has the advantage of avoiding the parallel trials which are time consuming and therefore saver judicial resources.
Conclusion
See lessOxford and Cambridge Universities can join in filing the suit under the CPC because their rights to relief arise out of the same transaction and if separate actions were filed, there would be common question of law and fact. Pleading as plaintiffs is not a wrong approach to the procedures laid down in the present case.
Can an FIR be filed by the accused? If yes, will the FIR be admissible as a confession in court of law?
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case. Admissibility as a Confession: Generally, an FIR filed by an accused is not admissible in the court as a confession.Read more
Yes, an FIR can be filed by the accused but the admissibility of such an FIR in court as a confession is a tangled issue, completely depending on the set of circumstances of the case.
Admissibility as a Confession:
Generally, an FIR filed by an accused is not admissible in the court as a confession. This is due to the following reasons:
1. Voluntariness: A confession should be voluntary and shall be made free from duress or any sort of inducement to be taking as admissible. An FIR filed by an accused does not fall under this category especially at times of coercion or pressure.
2. Warning: Any confession that may have taken place that was recorded would have a proper warning administered before taking such confession due to the ill effects of false confession. An FIR filed by an accused may not have undergone this stage.
3. Self-Incrimination: Thus, the right of every incriminated person not to be self-incriminated is restricted by the filing of an FIR. However, it should be ensured that voluntary statements are not induced or coerced to hold up before this court.
Meaning, an FIR can be filed, but predominantly it will be without evidentiary value. The court would have to look at what circumstances were there under which the FIR was filed, the voluntary nature of the statements, and whether or not procedural safeguards were followed.
See lessConstitutional Amendments Related to Judgement
In the last ten years, two landmark judgments in India are: Aadhaar Judgment (2018): In the Puttaswamy judgment (2018), the Supreme Court of India ruled that the Right to Privacy is a fundamental right guaranteed under the Indian Constitution. The court also held that the Aadhaar scheme, a biometricRead more
In the last ten years, two landmark judgments in India are:
Now, about the NOTA Judgment in 2013:
NOTA Judgement (2013): In 2013, the Supreme Court of India ruled in the case of People’s Union for Civil Liberties vs. Union of India that a voter has the right to exercise a “None of the Above” (NOTA) option in an election. This option allows voters to choose NOTA if they are dissatisfied with all the candidates contesting an election. The court held that this option is essential for democratic governance and would help to ensure that voters are not forced to vote for a candidate they do not want.
The NOTA option was introduced by the Election Commission of India through an amendment to Rule 49(0) of the Conduct of Election Rules, 1961, in January 2013. The option is available to all electors, except those who are voting by postal ballot or proxy.
See lessPreventive Detention Laws
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial,Read more
The presumption of innocence is a fundamental right in Indian criminal law, enshrined in Article 20(3) of the Constitution. However, as an exception, preventive detention laws like the National Security Act (NSA) and the Unlawful Activities (Prevention) Act (UAPA) allow for detention without trial, effectively reversing the burden of proof.
These laws are justified on the grounds of national security and public order, as they aim to prevent individuals from engaging in activities that may threaten the state. The Supreme Court has upheld the constitutionality of preventive detention laws, provided they adhere to the procedural safeguards laid down in Article 22 of the Constitution.Laws like the Prevention of Money Laundering Act (PMLA) have also been criticized for shifting the burden of proof onto the accused. While the government argues that these laws are necessary to combat serious crimes, civil liberties advocates contend that they undermine the presumption of innocence and due process.
The increasing use of such laws raises concerns about the erosion of fundamental rights and the creation of a new norm where the exception becomes the rule. It is crucial to strike a balance between national security and individual rights, ensuring that preventive detention laws are used judiciously and in accordance with constitutional principles.
See lessDiscuss the objectives of the Bharatiya Nyaya Sanhita (BNSS) in the context of reforming India's criminal justice system. How does it aim to address the shortcomings of the colonial-era criminal laws?
The Bhartiya Nyaya Sanhita has replaced the Indian Penal Code. It is a comprehensive legislative initiative which aims at overhauling the colonial age criminal laws which were prevalent in India. The primary objectives of BNSS are as follows: Modernization of laws: As already mentioned, the crimiRead more
The Bhartiya Nyaya Sanhita has replaced the Indian Penal Code. It is a comprehensive legislative initiative which aims at overhauling the colonial age criminal laws which were prevalent in India. The primary objectives of BNSS are as follows:
Addressing shortcomings of colonial era criminal laws
- Backdated Provisions: BNSS replaces the age old provisions of IPC which have now become redundant since they no longer align with the modern society.
- Delays: The colonial era laws have been critized because it caused delays in the justice process. Through the new reform, these process are expected to expedite the investigation, trail and sentencing phase.
- Protection to victim and witness: the rights pf victim and witness werent adequately addressed in erstwhile laws.
See lesswesternization of education in India
Dravidian Influence and the Westernization of Education in India The Dravidian movement, primarily in South India, played a significant role in the westernization of education in India. The movement, rooted in social justice, anti-caste sentiments, and rationalism, sought to modernize and democratizRead more
Dravidian Influence and the Westernization of Education in India
The Dravidian movement, primarily in South India, played a significant role in the westernization of education in India. The movement, rooted in social justice, anti-caste sentiments, and rationalism, sought to modernize and democratize education, making it accessible to all, especially the marginalized communities.
Dravidian leaders emphasized the importance of English as a medium of instruction, believing it would provide broader opportunities and help bridge social divides. This shift facilitated the adoption of Western educational models, focusing on scientific temper, critical thinking, and secularism, moving away from traditional religious-based education.
The establishment of numerous schools and colleges under Dravidian governance promoted a curriculum that included Western literature, sciences, and philosophies, thereby integrating global perspectives into the Indian educational framework. Leaders like Periyar E.V. Ramasamy advocated for an educational system that challenged orthodoxies and promoted rationalist thought, aligning closely with Western ideals of enlightenment and progress.
This westernization process was further supported by educational policies that encouraged co-education, vocational training, and higher education in fields like engineering and medicine, which were influenced by Western pedagogical practices. Consequently, the Dravidian pattern of education significantly contributed to the modernization of the Indian education system, fostering a generation of learners equipped with a global outlook and modern skills.
See lessDiscuss the objectives of the Bharatiya Nyaya Sanhita (BNSS) in the context of reforming India's criminal justice system. How does it aim to address the shortcomings of the colonial-era criminal laws?
The Bharatiya Nyaya Sanhita (BNSS) is a legislative initiative aimed at overhauling India's criminal justice system, replacing the colonial-era Indian Penal Code (IPC) that has been in place since 1860. The objectives of the BNSS focus on modernizing, indigenizing, and making the criminal laws moreRead more
The Bharatiya Nyaya Sanhita (BNSS) is a legislative initiative aimed at overhauling India’s criminal justice system, replacing the colonial-era Indian Penal Code (IPC) that has been in place since 1860. The objectives of the BNSS focus on modernizing, indigenizing, and making the criminal laws more efficient and just. Here are the key objectives and how they aim to address the shortcomings of the colonial-era criminal laws:
Objectives of the BNSS
Addressing Shortcomings of Colonial-Era Criminal Laws
- Colonial Mindset:
- The IPC was drafted with a colonial mindset that often prioritized the interests of the British rulers over those of the Indian populace. The BNSS aims to remove this bias and align the laws with independent India’s democratic and egalitarian principles.
- Relevance and Context:
- Many provisions of the IPC are outdated and do not address contemporary crimes effectively. The BNSS aims to make the laws relevant to the present-day context, including modern criminal activities like cybercrime.
- Legal Clarity and Accessibility:
- The IPC’s complex and archaic language can be difficult for the common person to understand. The BNSS seeks to simplify the language and procedures, making the laws more accessible and understandable.
- Protection of Individual Rights:
- The IPC contains several provisions that are seen as violations of human rights. The BNSS aims to protect individual rights more robustly and ensure that the laws are just and humane.
- Efficiency in the Judicial Process:
- The IPC’s procedural complexities often lead to delays in the justice system. The BNSS aims to streamline legal procedures, reduce delays, and ensure timely justice.
See lessWhat are the impacts of newly added BNSS on citizens of India?
The term "BNSS" isn't widely recognized or commonly used, so I'll interpret it as "newly added benefits or schemes (NABS)" for the citizens of India. When new benefits or schemes are introduced by the government, they can have several impacts on the lives of Indian citizens. These schemes often aimRead more
The term “BNSS” isn’t widely recognized or commonly used, so I’ll interpret it as “newly added benefits or schemes (NABS)” for the citizens of India. When new benefits or schemes are introduced by the government, they can have several impacts on the lives of Indian citizens.
The effectiveness of these benefits depends on their implementation and reach to the intended beneficiaries. Sometimes, there are challenges in reaching remote or marginalized communities.
See lessShort essay on Judiciary and Indian Democracy
The judiciary plays important role in Indian democracy and acts as the guardian of the Constitution. It is also entrusted with the responsibility of upholding the rule of law. It protects our fundamental rights and enables citizens to have recourse against the other branches of Government – the execRead more
The judiciary plays important role in Indian democracy and acts as the guardian of the Constitution. It is also entrusted with the responsibility of upholding the rule of law. It protects our fundamental rights and enables citizens to have recourse against the other branches of Government – the executive and legislative – through judicial review. Without this balance, one organ would reign supreme.
Independence is essential for a judiciary to function effectively. Judges are appointed through a transparent process and cannot be easily swayed by political expediencies. Our apex court has given many landmark decisions including in Kesavanand Bharati’s case that reiterated that some parts of the Constitution are beyond Parliament’s jurisdiction to amend.
Moreover access to justice has been widened through Public Interest Litigation. Under PIL even an ordinary citizen can approach the court on matters of public question and seek justice. This has brought in democratisation of legal process whereby voiceless people could also have access to courts, so too by the marginalised.
However, there are serious challenges which have emerged recently and which could be seen as undermining efficiency of judiciary as these relates to very concerns about delays but they direly affect possibility of timely justice.
Yet, there are some very serious challenges that have surfaced in recent past and which if looked at actually do reduce efficiency of judiciary when matters relating to the said delay itself but then these do drastically reduce even the probability of timely justice.
See less