tag:blogger.com,1999:blog-15602189.comments2023-09-21T16:17:51.838+05:30Law and Other ThingsAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger3132125tag:blogger.com,1999:blog-15602189.post-18209211190822474462016-05-13T19:40:16.078+05:302016-05-13T19:40:16.078+05:30This is very informative. School Uniforms|School B...This is very informative. <a href="https://www.schoolsaamaan.com/" rel="nofollow"><b>School Uniforms</b></a>|<a href="https://www.schoolsaamaan.com/" rel="nofollow"><b>School Bags</b></a>|<a href="https://www.schoolsaamaan.com/" rel="nofollow"><b>School Shoes</b></a>schoolsaamaanhttps://www.blogger.com/profile/15445002684470202190noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-20455039329713502412016-04-26T18:45:27.656+05:302016-04-26T18:45:27.656+05:30Very informative blog is here, i like to read your...Very informative blog is here, i like to read your post. Thanks for sharing.Very informative blog is here, i like to read your post. Thanks for sharing.http://deepakkrishnan.blogspot.in/2014/12/volleyball-school-and-sports.htmlschoolsaamaanhttps://www.blogger.com/profile/15445002684470202190noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-45916466130852129532016-04-19T20:49:09.775+05:302016-04-19T20:49:09.775+05:30Hi. Just to gain a little more of your perspective...Hi. Just to gain a little more of your perspective on this, is your argument that the BCI in its *present form and structure* (non-consultative, etc.) lacks competence to regulate Indian legal education, or that there is no way it could (should?) ever have that competence?<br /><br />In other words, how would you rather have the BCI perform its role and in case that were to actually happen, would a bar exam being conducted by the BCI then be okay?<br /><br />Secondly, what in your own view would be the "optimal entry level filters for the profession"? <br /><br />For example, one hears suggestions of the bar exam to be conducted every 5 years or so (a better, fairer more accountably conducted bar exam), and for all advocates - fresh graduates and old dogs alike - to have to pass it every 5 years. <br /><br />Thanks. Anonymoushttps://www.blogger.com/profile/07065096230732070310noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-52211495719836984932016-03-14T23:27:30.224+05:302016-03-14T23:27:30.224+05:30@ Koni Sharma - Thank you for your comments, and a...@ Koni Sharma - Thank you for your comments, and apologies for this inordinate delay in responding. <br />1. There was no permission sought by the prosecution to ask these questions, and merely because they do not pertain to the material aspects of the enquiry, the prosecution cannot be allowed to enter a fishing and roving expedition. <br />2. s.133 of the IEA does indeed state that merely because there is uncorroborated testimony of accomplice evidence, conviction cannot be illegal.My limited point was, and remains, that uncorroborated accomplice evidence is necessarily weak; s.133 r/w s.114 (b), upheld in a series of SC judgments, and regularly applied in trials. <br />3. The conspiracy - if there really was one - has by the prosecution's own case, nothing to do with the 26/11 trials. The exception that you speak of then is not attracted to this particular examination. <br />4. The defense counsel did not raise an objection, and rightly should have as you point out. However, as I explained in my post, we do know that the defense counsel was not present because Ishrat Jahan is not on trial in the 26/11 case - she, or rather her next of kin, is unrepresented in this trial. You might agree then that asking these questions is in clear disregard to the rules of evidence, and principles of natural justice.sahanahttps://www.blogger.com/profile/16194324997660848280noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-26346327811067211922016-03-03T16:08:37.151+05:302016-03-03T16:08:37.151+05:30From amongst its earliest cases considering the do...From amongst its earliest cases considering the doctrine, the Court has demonstrated reluctance to recognize the emergence of a substantive legitimate expectation.<br />after reading through some of the post I realized it’s new to me.<br />Pretty nice post. <br />http://www.lawzmag.com/?p=4057Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15602189.post-11180312722263462662016-02-27T23:52:16.690+05:302016-02-27T23:52:16.690+05:30Every religion lays emphasis on sacred, pure and h...Every religion lays emphasis on sacred, pure and holy surroundings for worship especially in shrines, so that a shrine may create a positive, serene and pecifying impact upon worshippers. Thus we sometimes find a bit excessive stress upon visiting a shrine only after taking bath (like, a dip in holy waters of river Ganges)or only in clean clothes etc So far as prohibitions on mensurating women regarding temple entry is concerned, I feel it would be a bit unfair to brand each and every such tradition as a mark of male-chauvinism and gender-discrimination without understanding their rationale and context. No shrine or no worshipping place might be expected to allow men or women to visit the sacred place while defecating or urinating in clothes or dipers. Mensuration is a proud manifestation of feminine potential for motherhood; yet biologically it is just another excretory function exlusively of female human body that continues uncontrollably for a certain period. In modern times when people are quite conscious of health, hygene and sanitation, continuing taboos appear to be outdated and unnecessary but whole of India does not live in metropolitans nor have easy access or means of sanitation, health and hygene. So from that context, one might find the religious restriction on temple entry of mensurating women during periods starts seeming a little bit justified. However, that doesn't mean that all such socio-cultural taboos are justified . Most of these have really become useless, obsolete and unnecessary.Anonymoushttps://www.blogger.com/profile/02191352305018815222noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-34697350837101147682016-02-27T11:16:52.415+05:302016-02-27T11:16:52.415+05:30Women involved in such a profession cannot access ...Women involved in such a profession cannot access good healthcare and are made subject to abuse, violence and exploitation by police and government officials, while their children face regular harassment in schools and the workplace.<br />http://www.lawzmag.com/?p=2922Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15602189.post-44435452002178682902016-02-26T23:44:18.636+05:302016-02-26T23:44:18.636+05:30This piece puts forth formidable arguments but is ...This piece puts forth formidable arguments but is it not too harsh to label every folklore from himalayas to kerala as Hindu religion just because some figurine is being worshipped in somewhat Hindu FASHION . Over the years many such "Gods" got invented and gained popular acceptance but that does not mean they would be ascribed to Hinduism . BTW WHO IS LORD AAYAPA? WHILE ONE CAN ALWAYS ARGUE ABOUT propriety of some customes that have crept into religion but don't call such digression or variation as religion because they never were! N my religion is not what West understood my religion is! My religion is Vedic Sanatan Dharam not some "ism" on the name of river Sindhu(indus) just because hellenic or Arabic culture or drafter of Hindu marriage act an English thrall B.N rau thought it so. We may even take example of Sai Baba who is currently very popular among masses and even has a temple of his own now dz it mean that 50 years DOWN the line one would be justified in attributing practices in that temple or digressions by temple management to Hindus. FYI even rajnikant and Amitabh Bachchan also have temples where flowers, milk etc are offered I hope you wld not call that Hinduism. May be we can it bollywoodism and some erudite English professors considering the superficial similarity between Hindu way worship and those temples might classify them as a dissident group Hinduism and award a diploma course in it at Oxford n wld be regarded as foremost authority on oriental religion. Oh my God! I have so much angst! <br /><br /><br />Religion must be learnt first hand from original scriptures. Of lately I hv been doing so and believe me it has liberated at least me from NCERT. Always read original texts only then comments should be made on religion. Even I got disillusioned and then I decided to read the texts myself since then every day I cringe at myself that how easily these western experts and their cronies mislead us. It has liberated me out of my mental servitude at least temporarily! Anonymoushttps://www.blogger.com/profile/12201578353967155496noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-55601258232635570042016-02-26T02:11:27.145+05:302016-02-26T02:11:27.145+05:30I do not fully agree with your view of criticism o...I do not fully agree with your view of criticism of Supreme Court judgment . Though it can not be said that the sidhu judgment for stay of conviction was a best reasoned one. But u should take into notice that sc after relying on the suspicion of death by medical evidences and the one of the main witness who clearly deviated from his earliar testimony in session as well as in fir has come to conclusion of staying the conviction.<br />Moreover friend, this is a case of staying of conviction not of setting aside the conviction. Anonymoushttps://www.blogger.com/profile/08356209846564574058noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-7670396327665011972016-02-26T01:37:21.006+05:302016-02-26T01:37:21.006+05:30Please have a look at CBI, Bank Securities & F...Please have a look at CBI, Bank Securities & Fraud Cell v. Ramesh Gelli, [Criminal Appeal Nos. 1077-1081 of 2013]Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15602189.post-35271049660454248992016-02-24T22:29:56.354+05:302016-02-24T22:29:56.354+05:30Many thanksMany thanksAbhinav Chandrachudhttps://www.blogger.com/profile/07888178798437765865noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-47546803433199219132016-02-23T12:51:29.559+05:302016-02-23T12:51:29.559+05:30Simply Brilliant, Abhinav. I have seen and seen. R...Simply Brilliant, Abhinav. I have seen and seen. Read and Read. Barely few can match your tenacity in writing. I wish i had your humility.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15602189.post-30476319924332833372016-02-22T01:35:09.686+05:302016-02-22T01:35:09.686+05:30Another point worth considering is that leading qu...Another point worth considering is that leading questions must not be asked except with permission of court in case opposite party raises an objection. Where they are not objected to by the opposite party leading questions may be asked in chief. Here we don't know whether defense has objected or not and if raised any objection whether court in its discretion still granted permission for asking leading ques . Thus above mentioned classification must deal with area besides hostile witness to bring more clarity on regularity of impugned examination in this piece. <br /><br />Further Latter PART OF 141 ENJOINS DUTY UPON COURT TO GRANT PERMISSSION FOR LEADING QUES WHHERE THEY ARE OF INTRODUCTORY NATURE ETC. The essence of this part is in the word 'shall' rather than a classification for asking leading ques. It merely takes away discretion of court where QUES are of above-mentioned nature while generally court has discretion to allow or refuse permission as mentioned in the former part. Anonymoushttps://www.blogger.com/profile/12201578353967155496noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-4146764272795323722016-02-22T00:33:44.691+05:302016-02-22T00:33:44.691+05:301. Prosecution is not allowed to ask leading quest...1. Prosecution is not allowed to ask leading questions for obvious reasons. But this aspect is concerning the material part of the enquiry. The prosecution can not put leading questions on the material part which in this case as rightly mentioned 26/11aspect . Once witness has been conducted to the material portion of his examination it is also the duty of prosecutor to ask the witness to state facts which can not otherwise be called to the matter under enquiry, trial or investigation and the court often grants permission for the same under Section 141 itself. This is done towards the end of examination in chief. Thus there is no apparent irregularity. <br /><br />2 Secondly, court can always rely even on uncorroborated testimony of accomplice provided it is cogent and inspires confidence please refer to Section 133<br /><br />3. As far as hearsay aspect is concerned please refer to Section 10. It especially deals with principles of agency in conspiracy and relevant testimony whereby anything said and done is relevant.Anonymoushttps://www.blogger.com/profile/12201578353967155496noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-34918400271529681372016-02-20T19:59:57.175+05:302016-02-20T19:59:57.175+05:30This comment has been removed by the author.Abhinav Chandrachudhttps://www.blogger.com/profile/07888178798437765865noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-92112618593835759142016-02-20T19:59:45.944+05:302016-02-20T19:59:45.944+05:30Thanks! It would be very interesting to know what ...Thanks! It would be very interesting to know what the similarities between the two systems are...Abhinav Chandrachudhttps://www.blogger.com/profile/07888178798437765865noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-26480715329682440592016-02-20T12:51:27.657+05:302016-02-20T12:51:27.657+05:30When reservation is there for particulat community...When reservation is there for particulat community why they are giving seat in open competition when other r nt allowed to touch they reservation why they are touching open competition category ... i need help ....Anonymoushttps://www.blogger.com/profile/07462800655070759482noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-23489065132093301712016-02-20T07:28:15.604+05:302016-02-20T07:28:15.604+05:30Having just started work at the Supreme Court of N...Having just started work at the Supreme Court of NSW, this is fascinating stuff to know - very interesting to see remarkable substantive continuity between the two even though the official terms used (somewhat more archaic and formal English at the Bombay High Court) may differ. Thanks for posting this!Douglas McDonald-Normanhttps://www.blogger.com/profile/11968298639525157474noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-55497485202171459822016-02-18T17:40:55.606+05:302016-02-18T17:40:55.606+05:30I would like to thank you for the efforts you have...I would like to thank you for the efforts you have made in writing this article and i am hoping the same best work from you in the future as well.<br /><br /><br /><a href="http://www.braddocklaw.net" rel="nofollow">criminal lawyer</a>Anonymoushttps://www.blogger.com/profile/04677432120720194177noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-67703141914170614862016-02-13T21:08:09.866+05:302016-02-13T21:08:09.866+05:30Thanks Douglas. The A/B usage just seemed a simple...Thanks Douglas. The A/B usage just seemed a simple way of dealing with the problem to me. The UK equality Act does use alphabets to connote parties, but somewhat differently.Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-21089887290989241032016-02-13T04:15:03.523+05:302016-02-13T04:15:03.523+05:30Welcome aboard VasujithWelcome aboard VasujithNick Robinsonhttps://www.blogger.com/profile/07188754890135788657noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-40902219901034667612016-02-13T03:26:32.716+05:302016-02-13T03:26:32.716+05:30Thank you very much for sharing that - it's ve...Thank you very much for sharing that - it's very impressive, and a remarkably elegantly-written piece of legislative drafting (easy to read and follow).<br /><br />My one request for more info is in relation to the use of the terms "A" and "B" in ss12-16 - it's an intriguing solution to the range of potential "aggressor"/"affected person" roles that A and B could potentially fill, and probably easier to follow than Australian equivalents (which use varied usages: "person" and "another person", "discriminator" and "aggrieved person", which are either unduly vague as to the roles of each party or unduly technical.) Was the A/B usage inspired by any particular international example or is it your own coinage?Douglas McDonald-Normanhttps://www.blogger.com/profile/11968298639525157474noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-73202232676717074522016-02-11T03:11:16.548+05:302016-02-11T03:11:16.548+05:30Welcome aboard!Welcome aboard!Nick Robinsonhttps://www.blogger.com/profile/07188754890135788657noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-25884685935432038632016-02-06T13:36:19.628+05:302016-02-06T13:36:19.628+05:30All noted. I will make available whatever i can pr...All noted. I will make available whatever i can procure. And of course you have been my teacher and Nick is an inspiration - in all ways going forward, consider me your team. It was wrong on my part - but leaving aside the how much or how less the present post attracts me - Douglas Sir's work is commendable. I shall look forward to everything he writes. One Bengali novel has always appealed to me - its called Koto Ojana Re meaning "how much is unknown, quite literally!". Its written by Sankar - the greatest Bengali author living after Sunil Gango. And the book is on the Calcutta High Court! Great Book.Captain Nemohttps://www.blogger.com/profile/02750442834984267967noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-6385354753017152782016-02-05T23:20:44.751+05:302016-02-05T23:20:44.751+05:30Hi Rudrajyoti
I hope you are well. The blog cater...Hi Rudrajyoti<br /><br />I hope you are well. The blog caters to a wide range of interests, and several of the contributors have produced important work on comparative constitutional law in South Asia (which as an area remains very understudied). I think it's great that you're interested in the history of the Calcutta High Court (I am assuming you've seen Mahua Sengupta's work). One major handicap that several of us working on Indian legal history face is the absence of private papers of lawyers and judges. (This forms the bulk of scholarship for legal historians in the US and Commonwealth). Apart from writing yourself, one way you could help is to make judges papers available to reseachers. Rohit Dehttps://www.blogger.com/profile/10974780088015911428noreply@blogger.com