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The judicial system in India has different levels, with the Supreme Court at the apex, followed by High Courts at the state level, District Courts, and Lok Adalats. The judiciary is independent from the executive and legislative branches. The legal system is largely based on English common law along with subsequent Indian laws that show European and American influence as well.
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India strives for social justice and equal rights for all citizens as outlined in its constitution, however true social justice remains a myth. While concepts like equal treatment of all citizens without discrimination are ideals, the reality is that the judicial system is slow, biased towards the powerful, and often fails victims. There are far too few judges relative to the population, cases can drag on for decades without resolution, and the powerful can manipulate the system. As a result, despite 69 years of independence, social equality and justice are still not a reality for many groups and true justice is often denied or delayed. Reform of the judicial system is needed to make social justice a reality rather than just words.
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אגודת מאמרים, מחשבות, חוות דעת ופרסומים מאת עו"ד עודד ווסוק, עורך דין מומחה לתרבות ולשפה הפרסית, עם נסיון רב בליטיגציה, צוארון לבן, תביעות ייצוגיות, איכות הסביבה וטיפול בעולי אירן.
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26 Time Management Hacks I Wish I'd Known at 20
https://masterclass.etiennegarbugli.com
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AVENGERS
This document presents solutions to improve India's legal system by citizens. It notes that the current system is inefficient, time-consuming, and lacks witness protection. It delays justice and favors the powerful. The document proposes establishing time limits for case resolution, increasing fast-track courts to reduce pending cases, regularly amending laws in a timely manner based on citizen input, stricter punishment to deter crimes, true judicial independence, and educating citizens about their rights.
Rebels
This document discusses flaws in the Indian judicial system and proposes solutions. It notes that there are over 3.5 crore pending cases, a low judge to population ratio, and average case disposition time of 15 years. To address this, it proposes training village leaders to handle small cases, focusing higher courts on important cases. It also suggests enforcing strong rape laws as in other countries to deter criminals. Overall, it argues that judicial independence, reducing delays, and addressing vacancies are needed for effective justice delivery.
Enactus
This document discusses India's legal system and issues with access to justice in India. It provides background on the history and structure of India's legal system, from local Lok Adalats up to the Supreme Court. It then summarizes the major issues facing the system, including a massive backlog of over 30 million pending cases. It notes that clearing all pending cases could take over 300 years based on current capacity. The document examines reasons for delays like understaffing of judges. Overall it outlines serious problems with efficiency and timeliness of the justice system in India.
Reformation in criminal law needs for concentration.
The document discusses reforms needed in the criminal justice system in India to improve conviction rates and public trust. It notes that conviction rates in India are around 46% compared to over 90% in other countries. This is due to several factors like insufficient evidence collection during investigations, inexperienced investigating officers, lack of coordination between police and prosecutors, and delays in the justice system. The document proposes several administrative and statutory reforms like establishing specialized investigation agencies, mandatory prosecutor guidance during investigations, combined training for police and prosecutors, speedier trials for serious crimes, and improved implementation of forensic sciences to strengthen the criminal justice system.
silverfox
The document discusses issues with the Indian judiciary system including a large backlog of cases, lack of judges, and corruption. It notes that while India has a functioning independent judiciary, efficiency is lacking. Case studies are presented on labor laws that allowed one worker to keep his job for 22 years despite repeated infractions, and the slow trial and lenient sentencing for the juvenile in the high-profile 2012 Delhi gang rape case. Bottlenecks in the system like matrimonial cases and ways to remove them like special fast-track courts are proposed. In summary, the document examines inefficiencies in the Indian judicial system through its large backlog, lack of judges, and case studies, and proposes methods to remove bottlenecks
buddingLAWYERS
1) The Indian legal system is slow in delivering justice due to a large backlog of cases and lack of judges and infrastructure. There are over 30 million pending cases.
2) Key reasons for delays include inadequate number of courts and judges, dilatory tactics by lawyers, lack of legal awareness among citizens, and corruption.
3) Proposed solutions include increasing the number of judges, reforming procedural laws, raising legal awareness, and promoting alternative dispute resolution mechanisms. However, merely amending laws will not be enough - the existing legal framework must be properly implemented and enforced.
JUSTICE5
The document discusses solutions to reduce the large number of pending court cases in India. It notes that over 3 crore cases are pending, with the majority in lower courts. Some key solutions proposed include:
1. Promoting alternative dispute resolution methods like mediation and arbitration to resolve lower level civil cases more quickly and reduce burden on the courts.
2. Creating a separate "Nyaya" judiciary of retired judges to focus exclusively on resolving pending cases over 3 years old.
3. Establishing a witness protection program to ensure important witnesses can testify freely without threats, which would prevent delays in trials.
However, challenges in implementing these solutions are noted, such as willingness of existing judiciary and retired
Judiciary
The judiciary plays a crucial role in India's democracy by administering justice and upholding the rule of law. It comprises a hierarchical system of courts, with the Supreme Court at the top, followed by high courts at the state level and district courts below. The judiciary resolves disputes between citizens and governments and reviews laws for compliance with the constitution. It is an independent body that protects citizens' fundamental rights and ensures no branch of government can misuse its powers. However, access to justice remains difficult for many due to long legal processes and high costs involved.
YesterdayExpedition
Justice is a concept based on ethics, rationality, law, and equal protection and treatment of all people. India's constitution places justice as the highest priority and aims to secure justice for all citizens. However, over 60 years after independence, India still has a massive backlog of cases and justice remains elusive for many. The judicial system is plagued by delays, corruption, lack of infrastructure and resources, and political interference, denying timely justice to most citizens. Reforms are needed such as increasing judges and infrastructure, digitizing case records, enforcing deadlines, ensuring transparency, and insulating the judiciary from political influences to help reduce case backlogs and help provide fair and timely justice for all Indians.
Ch 05 judiciary
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Critical study of decriminalisation of Adultery in India.pptx
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CLASS 8 JUDICIARY.pptx
The document discusses the role and structure of the judiciary in India. It notes that the judiciary enforces the rule of law and equal application of laws through a system of courts. It then describes the roles of the judiciary as resolving disputes, interpreting the constitution and protecting fundamental rights. It outlines the structure of courts from district courts up to the Supreme Court. It also distinguishes between civil and criminal law. The document emphasizes that while in principle all citizens can access courts, in reality access is difficult for many poor citizens, though public interest litigation has helped address this.
Swingers
The document discusses the importance of ensuring just and timely justice for all citizens in India. It notes that criminal cases are increasing and injustice towards common people has become a major problem. It argues that a nation should treat all people equally under the law and that justice is essential for building a strong, united nation. However, it notes there are still many issues with the justice system in India, such as delays in legal processes, misuse of power by elected representatives, and thousands of pending court cases. The document calls for reforms to the system to make legal procedures faster and more efficient in order to better serve the people and develop India into a stronger, more just nation.
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Hypothesis judicial
This document provides a synopsis for a research dissertation on the topic of judicial accountability and its impact on justice in India. It begins with an introduction that discusses two aspects of judicial accountability in India - accountability of higher judiciary for its judgments, and institutional methods of appointing, removing, and criticizing judges.
The synopsis then outlines several chapters that will be included in the dissertation. These include chapters on the meaning of judicial accountability, the concept of an independent judiciary under the Indian Constitution, problems regarding making the judiciary accountable, and the concept of judicial activism.
The objective and hypothesis of the study are also provided. The objective is to understand the nature of judicial accountability in India and the constitutional framework regarding
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The document discusses the three main types of law: criminal law which protects people from harm, civil law which resolves conflicts between individuals, and public law which guides actions to be fair to all. It also describes the American legal system including the roles of plaintiffs and defendants, examples of felonies, tort law for injuries, and key aspects like search warrants, grand juries, plea bargaining, and reasons a judge may deny bail.
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Class viii civics - 5 Judiciary
The document discusses the role of the judiciary in India. It notes that India has a rule of law and an independent judicial system to enforce the law. The judiciary plays a crucial role in India's democracy by resolving disputes, interpreting the constitution, protecting fundamental rights, and acting as a check on the other branches of government. However, access to justice remains difficult for many poor citizens due to the complex legal system and long wait times for cases to be resolved.
criminal lawwwwwwwwwwwwwwwwwwwwwwww.pptx
comprehensive overview of criminal law within a 3000-word limit necessitates a structured approach, focusing on key elements such as the definition of criminal law, its historical evolution, the principles governing criminal liability, the elements of a crime, various categories of crimes, criminal procedure, defenses, and contemporary issues in criminal law. Below is an outline that can guide the elaboration of each section within the word limit:
Title: Understanding Criminal Law: Foundations, Principles, and Practice
I. Introduction to Criminal Law
Definition of Criminal Law
Distinction between Civil and Criminal Law
Historical Evolution of Criminal Law
II. Principles Governing Criminal Liability
Actus Reus: The Act Requirement
Mens Rea: The Mental State Requirement
Concurrence of Actus Reus and Mens Rea
Causation
Strict Liability Offenses
III. Elements of a Crime
Actus Reus: Conduct, Consequences, and Circumstances
Mens Rea: Intention, Knowledge, Recklessness, and Negligence
Causation: Factual and Legal Causation
Strict Liability Offenses: No Requirement of Mens Rea
IV. Categories of Crimes
Felonies vs. Misdemeanors
Personal Crimes: Homicide, Assault, Battery, Rape
Property Crimes: Theft, Burglary, Robbery, Arson
Inchoate Crimes: Attempt, Conspiracy, Solicitation
White-Collar Crimes: Fraud, Embezzlement, Money Laundering
Victimless Crimes: Drug Possession, Prostitution
V. Criminal Procedure
Investigation: Arrest, Search, Seizure
Charging: Complaint, Indictment, Information
Pre-trial Proceedings: Bail, Plea Bargaining
Trial: Jury Selection, Opening Statements, Evidence Presentation
Verdict: Guilty, Not Guilty, Jury Nullification
Sentencing: Determinate vs. Indeterminate Sentencing, Probation, Parole
Appeals Process
VI. Defenses in Criminal Law
Justifications: Self-Defense, Defense of Others, Defense of Property
Excuses: Insanity, Duress, Mistake of Fact, Intoxication
Procedural Defenses: Entrapment, Double Jeopardy, Statute of Limitations
VII. Contemporary Issues in Criminal Law
Emerging Technologies and Cybercrime
Criminal Responsibility of Corporations
Criminalization of Poverty and Social Issues
Racial Disparities in Criminal Justice
Mental Health and Criminal Liability
Globalization and Transnational Crime
VIII. Conclusion
Recapitulation of Key Points
Reflection on the Evolution and Challenges of Criminal Law
Importance of Balancing Justice, Rehabilitation, and Public Safety
Each section can be elaborated upon using relevant legal principles, case examples, and scholarly insights to provide a comprehensive understanding of criminal law within the specified word limit. Additionally, the conclusion can offer a synthesis of the discussed topics, highlighting the ongoing debates and future directions in the field of criminal law.
Criminal law, often referred to as penal law, ewwwww
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- 3. The Judiciary of India is an independent body and is separate from the Executive and Legislative bodies of the Indian Government. The judicial system of India is stratified into various levels. At the apex is the Supreme Court, which is followed by High Courts at the state level, District Courts at the district level and Lok Adalats at the Village and Panchayat Level. The judiciary of India takes care of maintenance of law and order in the country. The Judicial system however has a unified structure. The Supreme Court, the High Courts and the lower Courts constitute a single Judiciary. Indian Legal System: It is largely based on English common law. Various Acts introduced by the British are still in effect in modified form today. Much of current Indian law shows substantial European and American influence.
- 5. ACCUSED Ram Singh - the bus driver. Mukesh Singh - Ram Singh’s Brother. Vinay Sharma - an assistant gym instructor. Pawan Gupta - a fruit seller. Akshay Thakur - Job seeker in Delhi. Juvenile - A 17yr old teenager. VICTIMS Damini - a 23-year-old female physiotherapy intern. Male victim- friend of Damini.
- 6. The judicial procedure followed for the case is as undermentioned :- *Dec 18: Ram Singh and three others were arrested. *Dec 20: Victim’s friend testifies. *Dec 22: Victim records statement before the SDM. *Dec 29: Victim succumbs to injuries and other medical conditions at 2:15 am. Police adds murder charge in the FIR. *Jan 2, 2013: CJI Altamas Kabir inaugurates fast track court (FTC) for speedy train in the case. *Jan 3: Police files charge sheet against five adult accused. *Jan 5: Court takes cognizance of the charge sheet. *Jan 17: FTC starts proceedings against five adult accused. *Jul 5: Inquiry (trial) in JJB against juvenile in gang rape—cum—murder case and robbery matter concludes.
- 7. *Jul 11: JJB defers to July 25 its verdict in the case against the minor. JJB holds minor guilty of illegally confining and robbing a carpenter on December 16 night before allegedly taking part in the gangrape. *Jul 25: JJB again defers to August 5 the verdict in gangrape—cum— murder case after a PIL was filed in the Supreme Court seeking fresh interpretation of term “juvenile“. *Jul 31: SC asks JJB not to pronounce verdict in the case till it decides the PIL of BJP leader Subramanian Swamy. *Aug 5: JJB defers verdict to August 19 pursuant to apex court’s direction. *Aug 14: SC reserves order on maintainability of Swamy’s PIL. *Aug 19: JJB again defers verdict to August 31. *Aug 31: JJB convicts the minor for gangrape and murder and awards three years term at a probation home.
- 8. The police filed the charge sheet against the perpetrators on 3rd Jan i.e. 21days after the date of commitment of crime and 5 days after the death of the victim. The lawyer Mr. Manohar Lal sharma presented insensible statements thus delaying the proceedings. Even after committing such a brutal adultery crime the juvenile was given concession in punishment. It was the media intervention that catalyzed the entire procedure which is not possible in ordinary cases. The fast track courts came into existence only after this incident that too due to media and public pressure. Confused proceeding for proving the juvenility of the sixth accused were the most time consuming. Moreover the bone ossification (age determination) test was not conducted.
- 9. What is necessary is that a time frame has to be fixed. All cases must be completed within – at the most – three months. Frequent adjournments asked by lawyers must not be allowed. The entire judicial procedure must be changed. Special courts trying only rape cases must be set up. This will help speedy trial of rape cases. There are thousands of pending rape cases in courts. Non bail-able punishments should be given to perpetrators who are several times accused of crimes such as rape, murder, acid attack etc. , as these criminals are usually addicted to committing the crimes. Early and permanent assignment of cases to a particular judge to ensure absolute focus on the case is vital.
- 10. The cases having scope of mediation should be proceeded via the mediators and thus reducing the burden on the courts. Reforms like PUBLIC INTEREST LITIGATION should be encouraged and new similar schemes should be introduced. More efficient internet access of the indian judiciary system should be availed in order to enhance public participation through e-courts…
- 11. Major differences between INDIA & USA that delay judgments in INDIA are: Lower no. of cases are solved in INDIA via. MEDITATION i.e. alternate dispute resolution than USA… System has greater degree of RIGIDITY and COMPLEXITY in INDIA than USA. Poor CASE MANAGEMENT in INDIAN courts resists its smoothness… In INDIAN lower courts a single judge handles both criminal and civil cases thus delaying the judgment unlike that in USA…
- 12. dfhgf The current scenario is that every common man fighting a case in an Indian Court is facing a situation similar to the popular Dialogue “Tarikh pe tarikh milti ja rahi hai judge sahab par insaaf nahi milta…..”voiced by Mr. Sunny Deol in the movie Damini. And we now really need to act to raise our judiciary from the depths of hell to the heights of heaven.