Privy Council An Overview

INTRODUCTION

If we overview the history of Indian Legal System, it clearly reveals that the Indian Legal System is more or less based on the English Legal System. In fact, the systematic development of Indian judicial institutions, judicial principles, laws etc. has occurred during British regime itself. Besides this, the British regime in India has also developed a hierarchical judicial system in India. Accordingly, the highest judicial authority was conferred on a body of jurists, popularly called as ‘Privy Council’. It has played a significant role in shaping the present legal system in India. The same is discussed as under.

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Origin and establishment of Privy Council

As it is an accepted fact that, every political system develops for itself a certain sort of legislative, executive and the judicial machinery for its smooth working and administration. Establishment of Privy Council was with the same objective. The Privy Council was  the judicial body, which heard appeals from various courts of the British colonies including India.

The origin of Privy Council can be traced back to the Norman Period of English. At the beginning of 11th

Understanding the Law of Sedition

The Famous American Judge ,Justice Oliver Wendell Holmes had declared in 1929 that “If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought we hate.” Our Constitution too accommodates a hateful thought under article 19 (1) (a) subject to the restrictions mentioned therein.  Sedition forms one such restriction. However the lack of understanding of the concept of sedition has several misgivings and has the tendency to color an expression of political dissent as sedition. This coloring is attributable to the definition of sedition under section 124A which makes any expression of disaffection towards existing government seditious . Therefore it becomes pertinent  to dispel the doubts about the situation under which  the law may become applicable  and procedural changes it requires in a developing democratic society to eliminate the fear of prosecution for smooth exercise of the free speech right.

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The offence of sedition in India

The first judicial interpretation of section 124A was rendered in the case of Queen Empress v

Legal Education and its Challenges

Chief Justice Burger in his address to the American College of Trial Lawyers in Columbia observed:

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“In some jurisdictions, up to half of the lawyers who appear in court are so poorly trained in that they are not properly performing their job and that their manners, their professional performance and their professional ethics offend a great many people. They are engaging in on the job training at the expense of their clients’ interest and the public.”

Chief Justice Burger’s comment would hold equally good in the context of legal profession and its education in India. It is very general knowledge that a large part of the two lakh graduates being added every year to the existing ten lakh advocates in the country, are absentee law students who pass out from about 500 law colleges/schools. Such advocates ultimately learn, if at all, at the cost of the poor clients and court time. No wonder then that this, in turn, leads to the dispute resolution machinery to be seen as a villain by the society at large whereas this should be avoided as far as possible.
This unfortunate and disturbing situation demands that we ponder

A Quick Guide To Making PPI Claims

Payment protection insurance (PPI)is a policy that plays a huge role of helping you to cover payments on loans and credit cards if you are unable to work through accident, sickness or unemployment.

If you feel that this insurance policy has been mis-sold to you, you should make a PPI claim. There are a number of reasons that can make you feel like you were mis-sold PPI. Some of the reasons that can make you feel that you have mis-sold PPI are:

• You were forced to take PPI by a pushy salesperson.

• You were told that the insurance was compulsory

• You were provided a quote for your product with the insurance included

• You were informed that back problems and stress were excluded from the insurance

• You were asked about any pre-existing medical conditions or you were warned that the medical conditions could affect your insurance.

• You were not asked whether you are retired, self-employed, part-time employed or unemployed.

• You were told that you couldn’t cancel the insurance without taking out a new credit agreement

If any of these things have happened

Motorcycle Wrecks and Personal Injury Attorneys

Inattentive Turns and Motorcycle Accidents in Oklahoma

Riders of motorcycles involved in accidents often times suffer severe injuries or even die, this same fate often impacts impacts all the parties involved in the wreck.. There exist several explanations for why motorcycle wrecks happen in Tulsa, Okla. causing a great majority of persons to feel the motorcycle rider is normally the cause or otherwise at fault. A large portion of motorcycle accidents that involve at least one car and a motorcycle occur when a motorist is making a left-hand turn and collides with a motorcycle lawfully traveling in the adjacent lane, or passing through an intersection.

Injuries Caused by Oklahoma Motorcycle Accidents

When these dangerous accidents occur, those involved may be left with life-long injuries that require substantial and continuous medical care, or worse, death. In 2012, eighty-three (83) motorcyclists were killed as a result of motor vehicle accidents in Oklahoma. This accounted for 12.5% of all fatal crashes in Oklahoma that year. Some people may look at this and believe 83 isn’t are very large number, while others may believe this is an alarming statistic. Sometimes wrecks on motorcycles happen without being able to

Saving Your Home – Do You Need a Foreclosure Attorney

Once you miss a payment on your home, catching up is vital. As you miss more and more payments, the bank begins calling and they won’t accept what you have to offer. They want the delinquent amount plus the new monthly payment. This makes it almost impossible to make any steps forward. You begin to feel defeated and you may even begin digging your hole deeper. It is best to try at this step to save your home only if you can afford to keep up on monthly payments. If you can’t it’s best to let the bank know you need to explore other options. A foreclosure attorney can help you work with the bank and protect your personal interest.

Loan re modification can halt the process and buy you more time. You will need to fill out all proper documents and be sure the mortgage company receives them. If you have applied for re modification and were denied, you can ask for a review of your denial. You can begin the steps to saving your home if you review your budget and file all the proper paperwork with your mortgage company. You will want to

Legal Round Up 2014 – Detailed

The Companies Act, 2013 partially replaced The Companies Act, 1956.The Ministry of Corporate Affairs has notified 183 sections of the new Companies Act, 2013, which have become effective from April 1, 2014. With this, 283 of 470 sections of the Act have gotten notified in a phased manner. The Ministry of Corporate Affairs has notified respective Rules related with the effective Sections of Companies Act, 2013.

  1. Section 309 IPC :Attempt to suicide decriminalized

The government has decided to decriminalize “attempt to suicide” by deleting Section 309 from the Indian Penal Code (IPC). Under the said Section, a suicide bid is punishable with imprisonment of up to one year, or with fine, or both. The Law Commission of India in 2008 had recommended the repeal of Section 309 stating that the act of taking one’s own life should be treated as a manifestation of “deep unhappiness” rather than a penal offence. 18 states and 4 Union territory administrations have supported the deletion of Section 309.

  1. FDI Policy 2014: 100% FDI in Railways infrastructure, 49% in defence

The government has notified an increase in the FDI limit to 49 per cent through approval route

When are the coveted principles of Natural Justice applied in Administrative Law

Natural justice is indeed a humanising principle for it seeks to ensure that law is fair and just and that there occurs no miscarriage of justice. The phrases ‘substantial justice’, ‘fundamental justice’, ‘universal justice’ or ‘fair play in action’ also alludes to the notion of natural justice. It functions on the basis of preconceptions such as ‘man is basically good and hence he must not be harmed’ and ‘one ought to treat others as one would like oneself to be treated’. Though considered a highly noble concept that has much potential, there exists no definition for the same, because the vagueness and ambiguity of the concept is so much so that it has been criticized as ‘sadly lacking in precision’ as per the 1914 decision of R v. Local Government Board, ex p Arlidge[1]. In spite of its flaws, natural justice is widely accepted, adopted and enforced and is considered “an essential part of the philosophy of law.” You may disagree with the previous statement saying ‘uncertainty of law is a cardinal sin’. However, do bear in mind that the vice of said uncertainty is far outweighed by virtues such as greater possibilities of fairness and prevention of

5 Important Things to Put on Your Divorce To-Do List

For any family, divorce always proves to be a period of stressful transition. To make the process easier and make everyone involved move forward faster once the outcome is final, you need to be organized and stay on top of things. In addition to the meetings with attorneys and court dates and various other issues you need to remember, it is also important to put these five tasks on your to-do list during or shortly after your divorce.

1. Set Aside Money for Expenses

Divorce being expensive is almost a fact of married life. You want to make sure you budget properly, even if you choose a less expensive legal option, such as mediation. Additionally, you should plan for unexpected costs during the proceedings, such as meals away from home, parking charges at the courthouse, and other miscellaneous expenses that tend to mount up. You need to set aside money during the process to help cushion the financial blow because sticking to a regular budget is tough during this transition and your budget changes based on the divorce, too.

2. Assemble a Team

Although most people instinctively decide to retain an attorney at

Understanding More About The No Win No Fee Compensation

A society in which everything is commercialized is nothing better than rot. In fact, there is no better way to describe or explain corruption rather that the purchase of freedom, satisfaction and justice. In the recent past, “justice” was reserved for the wealthy. It is pitiable when a case comes with both parties having close to equal amounts of wealth. Seemingly, the justice would never be served. Fortunately, the no win no fee compensation has ensured that justice and fairness had its meaning restored. The sanity of our courts and their roles were equally reinstated.

The policy in 2013

17 years after individuals enjoyed the no win no fee compensation policy, it went through a couple of changes in 2013. Did the changes improve the policy to promote justice or did they come to deny justice from being served once more?

There was the thought of the no win no fee compensation culture becoming uncontrollable back in 2008. Statistics revealed the slow and steady rise in the number of claims being reported. The media played its part that reflected of a litigious society. Hence, several organizations and public bodies felt the threat of being

Private International Law

Jurisdictional issues and applicability of the correct domestic law and conflict of legal remedies in Indian courts viz-a-viz foreign courts have assumed great PRIVATE INTERNATIONAL LAW importance in the recent past in view of the world becoming a global village.  The realm of Private International Law has assumed greater significance and dimensions with the spread of the Indian community across the globe in large numbers. Young and enterprising men and women desirous of career opportunities abroad, move on and relocate themselves for permanent settlement in foreign countries without any hesitation to satisfy their financial needs apart from enhancing their technical skills and intellectual content.  We, Indians are being appreciated across the globe for our adaptability to new language, community living and altogether new lifestyles.  While all these positives have come with the economic growth and the pursuit for excellence abroad in our younger generation, the most important aspects of our culture and value systems have received a true and genuine beating.  As a result in many cases pertaining to Indian spouses/couples settled abroad, we can notice incompatibility of temperament (not at an acceptable marginal level but at a very high level), intolerance to accept the changed life style of

A Harmonious Judicial Review A Judicial Review Without Direct Collision

When it comes to the judicial review of a Security Council action by the ICJ, many observers would be concerned about the possible judicial supremacy of the ICJ, where the judges’ opinion overthrows a Security Council resolution, as has been seen in municipal settings. The judicial review, however, does not necessarily have to be limited to the case of the “judicial supremacy” version, in which the ICJ can vitiate a Security Council action after a direct petition for review by an individual state: this was illustrated by Judge Schwebel’s argument in the Pan Am 103 case.

This mode of “direct” judicial review will bind all United Nations organs in all future cases as in the judicial review by domestic supreme courts of many countries.

It is doubtful, however, whether such system will prove feasible or helpful in the current decentralized international order composed of independent sovereign actors. It would indeed be problematic to apply such a “direct” judicial review formula to the international setting where central legislative, judicial or enforcement mechan­ism is still lacking. It is not practical for the 15-member ICJ to operate as the highest entity in the United Nations and the ultimate

Selling a Business Is An Emotional Process

Selling a business that you have owned for several decades or that has been in the family for several generations can produce some pretty strong emotions. Generally those emotions will run the whole gamut from “couldn’t be happier to get rid of all the headaches” to “why did I ever think of giving up something I have worked so hard to build and has been so good to me and my employees.”

After recently closing a successful sale transaction, my client said he understood why I had told him, on several occasions, that selling a business is a “process” and not an “event.” He expressed his gratitude for guiding him through that process. Clients need to feel secure in the decisions they are making at such a critical juncture in their lives. My role is to make sure clients have all the information they need, understand their alternatives and know the likely outcomes of different scenarios so they can make the right decisions.

Preparing the client, at the outset, for what lies ahead in the sale process can knock down a lot of the emotional difficulties that could otherwise come up. I take great care