Dinesh Singh Chauhan

Dinesh Singh Chauhan

Member since: January 20, 2019
Total live articles: 96

An accomplished Law Professional offering 32 years of rich and verifiable experience, combining sound functional knowledge, analytical skills and result-driven approach to contribute to organizational growth.

Practicing Law in the Hon'ble Supreme Court of India; Hon'ble High Court of J&K at Jammu and in the Courts Subordinate to it.
Richly contributes to the treasury of legal literature while writing the following Legal Books:

  1. Manual of Taxation Laws in J&K,
  2. Manual of Labour Laws,
  3. Election Laws,
  4. J&K Financial Code,
  5. Manual of Motor Vehicles Laws,
  6. Manual of High Court of J&K and
  7. Anti-Corruption Law in J&K

Recent Articles by Dinesh Singh Chauhan

Custodial Deaths and Role of Judiciary: A Critical Analysis

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The Constitution of India guarantees various rights to a Prisoner or a person in custody under Articles 20, 21 and 22 of the Constitution of India. The Supreme Court of India has interpreted cert...

What is Delimitation? What Does it Mean for Jammu And Kashmir?

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What is delimitation and why is it needed?Delimitation is the act or process of fixing limits or boundaries of territorial constituencies in a country or a province (State or Union Territory) hav...

An Analysis Of Concept Of Per Incuriam

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The text of Mahabharata says that path is the right path which has been followed by virtuous men. The concept of precedent is based on this theory. The edifice of the common law is made up of Jud...

What are The remedies available when Order of Injunction is Breached or not c...

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The Law of Injunction in India has its origin in the Equity Jurisprudence of England who too in its turn borrowed it from the Roman Law, wherein, it was known as Interdict. The Roman Interdicts w...

The President Of India's Power To Pardon Is Not An Anachronism

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"Judges must enforce the laws, whatever they be, and decide according to the best of their lights; but the laws, are not always just, and the lights are not always luminous." ...

Historical Development of Law Of Injunction

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The equitable remedy of Injunction bears such a marked resemblance to certain forms of the interdicts, which were granted by the Praetors under the Roman Law, that it has been said by some auth...

Critical Analysis of Judicial Settlement Under Section 89 of Code of Civil Pr...

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In each cultivated society there are two arrangements of laws that administer the lives of citizens: meaningful laws and procedural laws. While meaningful laws decide the rights and commitmen...

Where are the Laws to Protect the Rights of Domestic Workers in India?

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So long as there's a mindset that the home is a private space even when it's a workplace, and domestic work is just house work and not ‘proper' work, the apathy of the State towards the plight ...

Whether Evidence Of Witness Is Admissible To Whom Oath Is Not Administered?

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OathThe oath, perhaps the oldest means for encouraging truthful testimony, forms a link between court proceedings and religious belief since, in its usual form, the witnesses swear by Almighty Go...

When Can Magistrate Issue Non-Bailble Warrant of Arrest, Process For Declarin...

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Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to compel appearance. The said Chapter is divided in Four Parts. Part ‘A' relates to summons; Part ‘B' relates to w...

Rights Of Prisoners Under Indian Laws

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Every Saint Has A Past; Every Sinner Has A Future – Oscar Wilde Historical Background of Prison and PrisonersThe word Prison doesnt means to use sudden force or to cage. The Prison is an old ag...

Decoding The History Of Sedition Law In India

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What Is Sedition?According to Section 124-A of the Indian Panel Code, 1860, Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempt...

Golden Hour: The Importance of Emergency Medical Care In Motor Vehicular Acci...

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Road accidents occur due to multiple causes such as rash and negligent driving, the use of mobile phones on the go, drunken driving / consumption of alcohol / drugs, overloaded vehicles, poor...

Can A Person Who Lost Election Be Appointed As Chief Minister?

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Strangely unique that a Chief Minister lost her seat, but the party registered a bigger victory than achieved in the previous Assembly Election. West Bengal Chief Minister Mamata Banerjee earned ...

Whether Delhi High Court While imposing costs of Rs.20 Lakhs in Juhi Chawla's...

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Hard cases make bad law. Black's Law Dictionary defines a 'hard case' as a law suit involving equities that tempt a Judge to stretch or even disregard a principle of law at issue. The costs of...

Can A Person Who Lost Election Be Appointed As Chief Minister?

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Strangely unique that a Chief Minister lost her seat, but the party registered a bigger victory than achieved in the previous Assembly Election. West Bengal Chief Minister Mamata Banerjee earne...

Whether The Family Members Of Covid-19 Victims Can Be Deprived To See The Bod...

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Whether the relatives & friends of Patients admitted in Hospital/Hospitals with Covid-19 or Patients having contracted the disease whilst in Hospitals after getting admitted for some other ma...

Whether Right To Dignity And Fair Treatment Under Article 21 Of The Constitut...

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The adage, Funerals are for the living, not the dead, you may be tempted to consider relinquishing control over what happens after your death to your descendants. After all, it is your loved ones...

Concept Of State For The Purposes Of Article 12 Of Constitution Of India

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Part III of the Constitution of India guarantees certain fundamental rights to the citizens of India as well as other persons residing in India. These fundamental rights are guaranteed only again...

Bar Created Under Section 397 (2) CrPC is not affected By the Orders Framing ...

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The Supreme Court in Criminal Appeal No. 472/2021 titled Sanjay Kumar Rai Vs State of Utter Pardesh & Anr., held that orders framing charges or refusing discharge are neither interlocutory no...

Analyzing the Criminal Contempt of Courts-What is contempt and what isnt?

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Constitutional & Statutory Provisions for ContemptThe Rule of Law is a foundational feature of Constitution of India and the right to obtain judicial redress is a feature of its basic structur...

Analyzing The Gamut Of Section 436-A Of The Code Of Criminal Procedure, 1973

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With the best interests of under trial prisoners in mind, Section 436-A of the Code of Criminal Procedure, 1973 was brought in. The intent behind the new Section was to uphold the rights of impri...

Victims Restitution: A Fading Point In Criminology

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[P]eople by and large have lost confidence in the criminal justice system.. Victims feel ignored and are crying for attention and justice. Introduction The victim constitutes the most impo...

Summary Judgment: A Robust Tool To Curb Unnecessary Trial

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Summary Judgment, as the combination of two words suggests, is an outcome of a case decided summarily, based on the documentary evidence produced before the Court by the parties, without going fo...

Safeguards for Victim Compensation Scheme: An Analysis

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Crime takes an enormous physical, financial and emotional toll on its victims. On November 29, 1985, the General Assembly of the United Nations adopted the Declaration of Basic Principles of Just...

Can a victim or his lawyer be allowed to conduct prosecution in a criminal case?

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The provisions of Sections 225, 301 and 302 are in consonance with the concept of fairness of trial as enshrined in Article 21 of the Constitution of India. Constructing a right to prosecute a pe...

Understanding The Blue-Pencil Rule Of Severability Under Contract Law

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Many a times, parties to a contract find, much to their dismay, that some parts of their contracts are not legal and valid and, therefore, unenforceable. In such a situation, the question that ar...

Suppression Of Facts Made In Proposal Form Will Render Insurance Policy Voida...

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The Hon'ble Supreme Court, in Civil Appeal No. 3397 of 2020 titled titledBranch Manager, Bajaj Allianz Insurance Company Ltd. & Ors. Vs Dalbir Kour, decided on October 09, 2020 observed that a P...

Doctrine Of Severability: A Scalpel Rather Than A Bulldozer

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Basis of DoctrineThis Doctrine of Severability is also known as the Doctrine of Separability. The word to the extent of the inconsistency or contravention makes it clear that when some of the p...

Interpretation Of Constitution Of India Vis-a-vis Doctrine of Constitutional ...

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The Constitution of India is a living document as per the old saying and, therefore, one can find a culture of Invention-ism in the reading or interpretation of the Constitution. The supreme law...

Why Victim Cannot Appeal Against Inadequate Sentence Under Section 372 CPC?

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Since 2009, the victim has officially entered in the textbook of Criminal Law. For the first time, a victim is defined under Section 2 (wa) of the Code of Criminal Procedure, 1973 as a person w...

Critical Analysis of Doctrine Of Proportionality

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Doctrine of proportionality finds its place in the Administrative Law and is used at the stage of Judicial Review. The doctrine assets that there must be a reasonable nexus between the desired re...

Certificate Under Section 65-B (4) Of Evidence At Is A Condition Precedent To...

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The Supreme Court recently, Vide Judgment & Order dated July 14, 2020 in Civil Appeal Nos. 20825-20826 of 2017 titled Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal & Ors., gave finality ...

Jurisdiction Of Central Administrative Tribunal For Adjudication Of Service M...

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In recent decisions, the Single Bench of the J&K High Court & Delhi High Court held that, in service matters the High Court lacks original jurisdiction under Article 226 of Constitution of India ...

Courts Must Apply Stringent Tests While Understanding The Complexity Of Secti...

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In Criminal Justice System from the initial stage of investigation some time it happens that those who are actually committed the offence easily escape the boundaries of Penal Law, by one way or...

Tribunalisation of Justice in India's Competition Regime

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By giving up the traditional theory of 'laissez faire' and the Police State, now the State has become not only a Welfare State but more so a progressive democratic State. As a result, State start...

Power Of Police To Enter The Place To Be Searched Under Section 47 Of The CrPC

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The people are the focal point for the State in a democracy. The rights and welfare of the people need to be constantly kept in view by the legislature while making the laws and by the executive ...

Civil Contempt Must Establish Disobedience Is Willful, Deliberate And Full Kn...

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To Constitute Civil Contempt, It Must Be Established That Disobedience Is Wilful, Deliberate And With Full Knowledge Of Consequences: SCSection 2 of the Contempt of Courts Act, 1971 Section 2 (a)...

The Historical Perspective Of The Contempt Of Courts In India

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The Contempt of Court is a matter concerning the fair Administration of Justice, and aims to punish any act hurting the dignity and authority of Judicial Tribunals. Although it is difficult to ac...

Basic Principles For Impleadment Of Parties In Civil Proceedings

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I. General Principles Under Order I Rule 10 Of Code Of Civil Procedure, 1908: Order I Rules 9 & 10 of the Code of Civil Procedure, 1908 read as under: 9. Misjoinder and non-joinder:No Suit shall be...

Rudiments Of The Doctrine Of Promissory Estoppel

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The Doctrine of Promissory Estoppel is an equitable doctrine evolved to avoid injustice and though commonly named Promissory Estoppel, it falls in the sphere of neither contract nor estoppel. Thi...

Meaning, Concept and Historical Background of Doctrine of Res Judicata as con...

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Brief History and Origin of Res Judicata Res Judicata Pro Veritate Accipitur is the full Latin maxim which has, over the years, shrunk to mere Res Judicata. The concept of Res Judicata finds ...

Mere Delay In Forwarding First Information Report To Magistrate under Section...

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Section 157 of Code of Criminal Procedure, 1973 deals with the procedure for investigation, which is reproduced verbatim as under: 157. Procedure for investigation preliminary inquiry. (1) If, fr...

Supreme Court Clears The Air On The Section 13 (2) Of The Consumer Protection...

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A Constitution Bench of the Supreme Court recently in the case of [New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., MANU/SC/0272/2020] held that the time period to file...

Whether The Time Limit To File Written Statement Under Order VIII Rule 1 Code...

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The Limit of Ninety Days is Directory:A catena of Judgements by the Hon'ble Supreme Court of India, interpreting Order VIII Rule 1 of the Code of Civil Procedure, 1908, had settled the position t...

Historical Background Behind Designation Of Senior Advocates Under Advocates ...

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Legal Profession, which is otherwise called as Noble Profession, is the only profession, where genuine Practitioners are glorified with the title Learned, which denotes possession of skills not o...

Relationship Between Directive Principles Of State Policy And Fundamental Rig...

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Nature of the Directive Principles Of State Policy - Contours of the Context and Content Directive Principles of State Policy enjoined in Articles 36 - 51 of Constitution of India are in the natu...

Seeking Better Internet Speed Can't Override Terrorism Concerns Of The State:Sc

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The Supreme Court said it takes with utmost seriousness the sensitive task of balancing national security and human rights and referred to its earlier Judgement in which it held that: the degree ...

Exercise Of Territorial Jurisdiction Of High Court Under Article 226 (2) Of C...

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Article 226 of Constitution of India confers a power of judicial review on all the High Courts of India. It enables them to issue to any person or authority, including in appropriate cases any Go...

How Is Amendment In Epidemic Disease Act 1897 Helpful In Tackling Attack On C...

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Why the need was felt The 1896 bubonic plague epidemic of Bombay (now Mumbai), which began in September that year and gradually spread to most parts of the sub-continent, is a well-known major ev...

Concept Behind Securing The Independence Of Judiciary Vis-A-Vis Article 50 Of...

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Components of the Independence of the JudiciaryThe term separation of powers or trias-politica  was initiated by Charles de Montesquieu. For the very first time, it was accepted by Greece and the...

Addition Made Under Section 144 Is Invalid When The Penalty Proceedings Stand...

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The Supreme Court in Civil Appeal No. 6110 of 2009 titled Basir Ahmed Sisodiya Vs Income Tax Officer, held that that the addition under Section 68 of the Income Tax Act, 1961 is needed to be quas...

When Can Court Issue Non Bailable Warrant Of Arrest Process For Declaring A P...

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Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to compel appearance. The said chapter is divided in four parts. Part A relates to summons; Part B relates to warrant of ...

Living In Adultery A Bar To Seek Maintenance under section 125 (4) of code of...

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Man, whether in the role of a son, a father or a husband, has a socially embedded duty to provide for the well-being – physical as well as financial - of his elderly parents, children and wife....

Constitution Of India - The Nation's Safety Valve

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The Constitution of India is the cornerstone of a liberated nation. Constitution of India is the soul of our country India - the Union of States. It is supreme lex of India. It is a symbol of Uni...

Judicial Independence: Developments that Tell Us Fair is Foul and Foul is Fair

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It was unwise for a Chief Justice of India, whose controversial tenure strengthened the perception that the Judiciary could not take on the Government on crucial issues, to have accepted the of...

Plaint Can Either Be Rejected As A Whole Or Not At All Under Order VII Rule 1...

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Section 9 of the Code of Civil Procedure, 1908 recognizes the power of ultimate jurisdiction of the Civil Courts to try all Suits of civil nature. But this power is subordinate to the provisions ...

Object of Section 133 of Code of criminal Procedure, 1973 is to protect publi...

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The Sky is like Father The Earth is like Mother and The Space as Their Son The Universe consisting the Three is like a Family and Any kind of damage done to any one of the Three Throws the Universe...

Whether Judicial Service Is An Essential Service Amid COVID-19 Lockdown?

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Corona Virus (COVID 19) has engulfed the World into an unprecedented crisis forcing most of the countries to enforce lockdown which appears to be the only option to control and contain spread of ...

Section 145 of the Code of Criminal Procedure, 1973 is purported to meet an e...

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The Executive Magistrate at any time after making the order under sub-section (1) of Section 145 in the Code Of Criminal Procedure, 1973 considers the case to be one of emergency, or if he decide...

Historical Background In Enacting The Epidemic Diseases Act, 1897 And Its App...

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Historical background in enacting the Epidemic Diseases Act, 1897 and its application to FIGHT COVID19 PANDEMIC On March 24, 2020, Prime Minister of India Narendra Modi announced a nation-wide l...

Nomination of former CJI Ranjan Gogoi to Rajya Sabha Sounds Warning Signals f...

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It was unwise for a Chief Justice of India, whose controversial tenure strengthened the perception that the Judiciary could not take on the Government on crucial issues, to have accepted the offe...

Section 173 (8) Cr. P. C; Courts Not Obliged To Hear Accused While Considerin...

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The Supreme Court reiterated that a Magistrate is not obliged to hear the accused before any direction for further investigation is made under Section 173 (8) of the Code of Criminal Procedure, 1...

Preamble the Spirit of Constitution of India

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The Preamble to Constitution of India (in brief, Preamble) is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all...

Independence of The Judiciary: A Constitutional Response

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The place of Justice is a hallowed place, and therefore not only the Bench, but also the foot space and precincts and purpose thereof ought to be preserved without scandal and corruption. - ...

Relevant Date For The Determination of Compensation Payable Under Employees C...

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The Supreme Court reiterated that the relevant date for the determination of compensation along-with interest at the rate of 12% payable under Employees Compensation Act 1923 is the date of the a...

Comparable Injuries Should Be Compensated By Comparable Awards While Granting...

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Under Common Law there was no right to claim damages in case of death. Right to claim damages was however always recognized in case of personal injury. After the advent of the rail and road trans...

Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless ...

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In Criminal Appeal No. 770 of 2009 titled Anjana Agnihotri , Vs. State of Haryana, directed against the Judgment dated 23.04.2008 of the Punjab & Haryana High Court, whereby, the High Court uphel...

Net Access Is Constitutionally Protected Right; SC

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Declaring that access to the Internet is a constitutionally protected right under Article 19 (1)(a) of Constitution of India, the Supreme Court ordered the Jammu & Kashmir Administration to revie...

Right of Accused To Be Released on Bail If Investigation Not Completed Within...

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An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days ...

What Are The Grounds To Impose Restrictions Under Section 144 Cr. P. C

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Section 144 of Criminal Procedure Code, 1973 gives power to a District Magistrate, a Sub - Divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an or...

Owner's Risk Clause Will Not Exempt Hotel From Liability For Theft of A Vehic...

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Supreme Court of India in a recent Judgment titled  Taj Mahal Hotel Vs United India Insurance Company Ltd. & Others , delivered on November 14, 2019 comprising Justice Mohan M. Shantanagoudar & ...

Policy Decisions of the State are not to be disturbed/interfered with unless ...

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Policy Decisions of the State are not to be disturbed/interfered with unless they are found to be grossly arbitrary or irrational; Supreme Court.Policy Decisions of the State are not to be distur...

Whether appeal which is dismissed as barred by limitation is decree under sec...

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Whether appeal which is dismissed as barred by limitation is decree under section 2 (2) of Code of civil procedure, 1908? Question of Law An Appeal fled along-with an Application for condon...

Judges Are Not Above Law; Judicial Appointment Process Must Be Made Transpare...

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The importance of transparency is paramount, and it is identified in the Lilongwe Principles and Guidelines as an overarching principle that should  permeate every stage  of the selection and ap...

Office Of Chief Justice Of India Is a Public Authority Under the Right To In...

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Office Of Chief Justice Of India Is a Public Authority Under the Right To Information Act, 2005; holds Constitution Bench The adage, sunlight is the best disinfectant is often used to delineate ...

Advocates Resorting To Strikes is Failure of Contractual and Professional Duty

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The statement, A lawyer is and must ever be the High Priest at the Shrine of Justice, a Religious Metaphor, reflects the view of the Lawyers Special Role on the administration of justice as conte...

Judicial History of Article 370: SC Rulings On Jammu and Kashmir Special Status

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At the heart of everything is The Constitution (Application to Jammu and Kashmir) Order 2019 (C.O. 272), which constitutes the basis for everything that follows. The second is a Statutory Resolut...

Judicial Review of Preventive Detention under J&K Public Safety Act, 1978

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Former Jammu & Kashmir Chief Minister Dr. Farooq Abdullah was detained under the J&K State Public Safety Act, 1978 on September 16, 2019. Eighty-three year old Dr. Farooq Abdullah, has been J&K...

Abrogation of Article 370 of Constitution of India consistent with the Princi...

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The constitutionality of the Constitution (Application to Jammu and Kashmir) Order 2019 ("C.O. 272") and the Constitution (Application to Jammu and Kashmir) Order 2019 ("C.O. 273") issued by the ...

Traffic Laws Enhanced Penalties Under The Motor Vehicles (Amendment) Act, 201...

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The remarkable growth in the vehicle population has resulted in traffic congestion, pollution, longer journey time and increased the number of fatalities and injuries in road accidents. This is d...

Judicial Adventurism is real manifestation of Judicial Abdication

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Habeas Corpus is Latin for. you (should) have, the body (person). A Writ of Habeas Corpus [which literally means to produce the body is a Court Order demanding that a Public Official (such as ...

Whether Abrogation of Article 370 And Bifurcation of State of J and K Is Legi...

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The President has, on the recommendation of Parliament, issued 'The Jammu And Kashmir Reorganization Act, 2019' [Act No. 34 of 2019] a Declaration under Article 370 (3) of the Constitution of Ind...

Articles 370 and 35A of the Constitution of India have now been Buried Ultima...

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The President has, on the recommendation of Parliament, issued 'The Jammu And Kashmir Reorganization Act, 2019' [Act No. 34 of 2019] a Declaration under Article 370 (3) of the Constitution of Ind...

Section 143-A of Negotiable Instruments Act, 1881 Has No Retrospective Effect

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The Negotiable Instruments Act, 1881 came into being as an Act to define and amend the law relating to promissory notes, bill of exchange and cheques. The main object behind Negotiable Instrume...

Section 148 of the Negotiable Instruments Act, 1881 has retrospective effect

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Section 148 of Negotiable Instruments Act, 1881 providing to deposit such sum which shall be a minimum of twenty per cent of the fine or compensation awarded by the trial Court Has Retrospective Ef...

Stone Pelters Need To Be Treated As Terrorists

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Terrorism as a tool for separatism seems to have lost its appeal in Jammu & Kashmir. While sporadic incidents of terrorist violence are likely to continue, this may no longer be the principal age...

Article 35-A A Biggest Fraud on Constitution of India

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A large number of political and defence analysts attribute instability in Jammu & Kashmir (J&K) to India’s inability to fully integrate the State into the Union. The challenges towards such int...

Historical background in wearing Black Robes by Advocates

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Being A Lawyer Is Not Merely A Vocation. It Is A Public Trust, And Each Of Us Has An Obligation To Give Back To Our Communities. - - Janet Reno Dress Code Dress Code is a 'Symbol of Confidenc...

Advocates Are The Only Recognized Class of Persons Entitled To Practice The P...

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Under the Advocates Act 1961, only advocates enrolled in India are entitled to practice the profession of law - which includes not only appearing before Courts and giving legal advice as an attor...

Mediation: Clearing the Minefield of Matrimonial Disputes

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Abraham Lincoln said; discourage litigation, persuade your neighbours to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expense, cost and time. Me...

Whether Caveat Application is legally permissible to be filed under section 1...

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Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as provided under section 148 (a) of the code of civil procedure, 1908? A Caveat is a Latin term whic...

Judicial Precedent Is Source of Law

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Judicial precedent is the source of law where past decisions create law for Judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non q...

Whether The Judges Must Give Their Reasons In Writing For Recusing Themselves...

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Historically, Justices have refrained from offering their opinions on public figures and salient events to avoid the appearance of bias or prejudice on issues that could come before the Court (...

Adoption in Islam Prohibited

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Adoption is the transplantation of a son/daughter from the family in which he/she is born, into another family by gift made by his/her natural parents to his/her adopting parents. Islam does no...

Supreme Court Collegium: Setting the Clock Back?

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Independence, impartiality and fearlessness of Judges are not the private rights of the Judges but citizen's rights. Ultimately judicial legitimacy/ power rests on people’s confidence in Cour...

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Popular Articles by Dinesh Singh Chauhan

Whether Caveat Application is legally pe...

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Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

Historical background in wearing Black R...

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Being A Lawyer Is Not Merely A Vocation. It Is A Public Trust, And Each Of Us Has An Obligation...

Independence of The Judiciary: A Constit...

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The place of Justice is a hallowed place, and therefore not only the Bench, but also the foot s...

Judicial History of Article 370: SC Ruli...

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At the heart of everything is The Constitution (Application to Jammu and Kashmir) Order 2019 (C....

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