This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Services under the union and the states Art. 308 to 323 jyoti dharm
Regulation of recruitment and conditions of services of person serving the union and the states.
Tenure of the office of members of these services
Constitutional safeguards to the civil servants
Creation of All India services.
Establishment of the service commission
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
Types of writ and difference between public interest litigation and private inteAmulya Arcania Nenlore
types of writ under indian constitution
difference between public interest litigation and private interest litigation-mandamus,habeas corpus,prohibition,certiorari
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
● Article - 16 helps us to establish a welfare state. There are a lot of disadvantaged and backward classes is our society - who have faced discrimination since time immemorial and still led down because of social stigmas. Article - 16 also helps us to uplift these disadvantaged sections by giving them Equal Opportunities in Employment and Appointment.
● Article -16 deals with very important question of reservation.
● At the time of Constitutional Assembly Debate on Article - 16 ,
Dr. B.R. Ambedkar referred Reservation as “Compensatory Benefits”.
● Under Article -16, the guarantee against discrimination is limited to employment and appointment under the State.
● This right is available to citizens only.
● Article 15 is more general and deals with all cases of discrimination which do not fall under Article -16.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
Types of writ and difference between public interest litigation and private inteAmulya Arcania Nenlore
types of writ under indian constitution
difference between public interest litigation and private interest litigation-mandamus,habeas corpus,prohibition,certiorari
The citizens of India are guaranteed certain basic fundamental rights by the state, which cannot be taken away from them except in cases of procedure established by law.
Such a guarantee is instrumental in reducing the arbitrariness of government legislation.
In the absence of fundamental rights, the citizens may not be entitled to any basic human rights.
Thus to prevent this, the constitution-makers incorporated Part III of the Indian Constitution enumerating a list of rights that is to assured by the state.
A detailed presentation about types of Writs in the Constitution of India.
By: __________________
(For Law Laboratory)
Follow us on Instagram: @Law_Laboratory
Website: www.lawlaboratory.in
The various writs of the Constitution and some of case studies regarding to writs and its importance in Indian Constitution .Writs it include habeas Corpus, Certiorari, Mandamus, Quo Warranto, Prohibition. This information is taken from Indian polity by laxmikhanth and case studies is taken from Google sites.
This PowerPoint presentation is a brief about the Writ of Mandamus. The PPt covers the crux of the writ of Mandamus, its types, its advantages, who and against whom it can be filed, and more. This presentation on writ of Mandamus is covered under Administrative Law
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
2. Writ
General Meaning - a formal order in Writing issued
under seal, in the name of a sovereign, government,
Court or other authority, commanding an officer or
other person to whom it is issued, to do or refrain from
doing some act specified therein.
3.
4. The supreme court of India is alert guardian of
fundamental rights of citizens.It is supreme
custodian.Article 32 of constitution provides for writs
for the enforcement of fundamental rights.Similar
jurisdiction is available to high court under Article
226. Actually , the jurisdiction of high court to issue
writ is more wide than that of supreme court . High
court can issue writ for 'other purposes' alongwith
fundamental rights , whereas supreme court can only
issue writ for the enforcement of fundamental rights
5. TYPES OF WRITS
As per Article 32(2) and Article 226(1) of the
constitution,the supreme court and high court can
issue five types of writs-
1.Habeas corpus
2.Mandamus
3.Prohibition
4.Certiorari
5.Quo-Warrant
6.
7. Writ of Habeas corpus
Habeas Corpus means, “you may have the body."
A person, when arrested, can move the Court for
the issue of Habeas Corpus. It is an order by a
Court to the detaining authority to produce the
arrested person before it so that it may examine
whether the person has been detained lawfully or
otherwise. If the Court is convinced that the
person is illegally detained, it can issue orders for
his release.
8. Who can apply?
General rule is that an application can be made by a
person who is illegally detained. But in certain cases,
an application of habeas corpus can be made by any
person on behalf of the prisoner, i.e., a friend or a
relation.
9. “SUNIL BATRA V. DELHI
ADMINISTRATION’’(AIR 1980 SC
1579)
The Supreme Court enlarged the scope of habeas
corpus, making available the fundamental rights of the
prisoners .
10. “P.S SADASHIV SWAMI V.STATE OF
TAMIL NADU”(AIR 1974 SC 2271) -
The Supreme Court gave the meaning of the writ
Habeas Corpus in this case-
1.Court can ask the causes of detention of the detained
person.
2.Can order to produce the detained person before the
court.
3.If the detained person is illegally detained , the
court will order that he be released.
11.
12. Writ of Mandamus
Mandamus is a Latin word, which means "We
Command".
Mandamus is an order from a superior court to a
lower court or tribunal or public authority to
perform an act, which falls within its duty.
Simply, it is a writ issued to a public official to do a
thing which is a part of his official duty, but,
which, he has failed to do, so far. This writ cannot
be claimed as a matter of right. It is the
discretionary power of a court to issue such writs.
13. “MANI SHOBHREJ JAIN V. STATE
OF HARYANA” [(1977)1 SCC 486]-
Requirement of mandamus writ are described in this
case.According to it,following condition for issue of
mandamus are required to be fulfilled-
Existence of legal right,
Such legal right shall be enforceable by court,
The enforcement of such right imposes responsibility
of performance of any duty over any person , public
authority, corporation or government.
Such duty is of public nature.
14.
15. Writ of Prohibition
Writ of prohibition means to forbid or to stop and
it is popularly known as 'Stay Order'.
This writ is issued when a lower court or a body
tries to transgress the limits or powers vested in it.
It is a writ issued by a superior court to lower court
or a tribunal forbidding it to perform an act
outside its jurisdiction. After the issue of this writ,
proceedings in the lower court etc. come to a stop.
16. “GOVIND MENON V. UNION OF
INDIA"(AIR 1967 SC 1893)
It was held that prohibition writ may be issued under
the followiing conditions-
Where there is excess of jurisdiction.
Where there is absence of jurisdiction.
17. Writ of Certiorari
Literally, Certiorari means to be certified.
The writ of certiorari is issued by the Supreme Court to
some inferior court or tribunal to transfer the matter to
it or to some other superior authority for proper
consideration.
18. “STATE OF UP V. MOHAMMED
NOOR "(AIR 1958 SC 86)
Supreme court said that certiorarri is maiinly issued to
reform the mistakes related to jurisdiction of
subordinate courts or quasi-judicial bodies.In other
woords,it can be said that the writ is isuued when the
subordinate court or tribunal acys in absence of
jurisdiction or beyond jurisdiction or fails to use its
jurisdiction.
19. “HARI VISHNU KAMATH V.AHMED
ISHAQ”(AIR 1955 SC 233)
The writ is issued for correcting an error of law
apparent on the face of records. It cannot be issued to
correct an error of fact.
20.
21. The word Quo-Warrant literally means “on what
authority one is holding the public office"
It is a writ issued with a view to restraining a
person from acting in a public office to which he is
not entitled.
22. ''UNIVERSITY OF MYSORE V.
GOVIND RAO'' (AIR 1965 SC 491)
In this case requiremennts of quo warrant writ are
described.this writ can be issued in the following
conditions.
When disputed post is public post.
If the post is held by the person without legal
authority.
24. PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION
It is attached to public interest at large. It is attached to interest of specific person
The main aim is to protect public interest. The main aim is to protect private interest.
The right and remedy does not depend
upon each other because remedy seeking
person does not fight for his own interest.
The right and remedy depends on each
other as the person suing have interest in
litigation for the enforcement of remedies.
Rule of locus standi is relaxed Rule of locus standi is followed.
It is prospective. It is retrospective.
The process is very simple, easy and
cheap.
The process is complicated , expensive and
delaying.
The evidence is narrow and free from
technicalities.
The evidence is strictly examined under it.
Here the case can not be withdrawn. The writ can be withdrawn.
The subject matter is generally of social
and national interest.
The subject matter is of private right.
The work and view of judges is very
important and related to national interest
and liability.
The work of judges is limited to
examination of evidences.
25. PUBLIC INTEREST LITIGATION PRIVATE INTEREST LITIGATION
The applicant has not his own interest
and he does not struggles for himself.
Personal interest struggle for its own
benefit.
It can be presented by anybody whether
he has suffered or not . Other’s can also
file writ whether they have interest in
injured part or not.
The litigation is filed by interested or
aggrieved party only.