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Abstract The tension between parliamentary or judicial supremacy is a fundamental theme in constitutional theory and political philosophy. This paper explores the frameworks for analyzing the interplay between these two forms of supremacy, emphasizing the underlying principles, historical development, and implications for governance. By dissecting their respective roles in lawmaking, interpretation, and enforcement, the article…
The Contempt of Court Act, 1971, enacted by the Indian Parliament, has long been regarded as a crucial tool to uphold the dignity of courts and maintain public trust in the judiciary. However, over five decades since its inception, the Act has come under scrutiny for being outdated in light of contemporary societal and legal…
Comments- In the present case the offence was committed in year 2009 and the final judgement of the Supreme Court has come in the year 2024. It took almost 15 years long, judicial battle, and finally, the offender was awarded punishment of sentence of six month S.I. under section 304A of Indian penal code 1860…
Comment– Supreme Court reviewed the order passed by the High Court of Delhi in a Bail Application in which Bail was granted to the respondent and the Narcotics Department appeared in appeal before Supreme Court. The Supreme Court heard the case and passed the remand order to send the case back to High Court with…
Brief Fact According to the FIR in this case the appellant’s nephew was killed by the respondents. On FIR, to save themselves from apprehension of arrest the respondents filed an appeal before the District Court for anticipatory bail, which was rejected by the District Court. High Court Discretion Aggrieved by the District court order, the…
Legal Comments on Supreme Court Judgement (CIVIL APPEAL NO.12845 OF 2024 ) Facts of the case The respondents were doctors in the Uttar Pradesh State Government Service. They joined the service in 1989, 1991, and 1994. The respondents applied for voluntary retirement on 05th January 2008, 6th October 2008, and 7th December 2006 respectively and after…
We have heard the parties. It has been brought to the noticejointly that due to difference of opinion among the bench, by InterimOrder no. 7-13 dated 22.06.2022, the matter was referred to Hon’blePresident for appropriate orders and/or for appointing the thirdmember to hear and decide the questions based on the saiddifference of opinion. Following questions…
COMMISSIONER OF CUSTOMS …PETITIONERVERSUSM/S CANON INDIA PVT. LTD. …RESPONDENT Introduction The COMMISSIONER OF CUSTOMS vs M/S CANON INDIA PVT. LTD judgement is a significant decision in the field of the Customs. Thousands of appeals are pending before the Customs, Excise, and Service Tax Appellate Tribunal, awaiting the Supreme Court’s verdict. Additionally, thousands of other cases…
WITHCIVIL APPEAL NO. 5294 OF 2008CIVIL APPEAL NO. 5627 OF 2008CIVIL APPEAL NO. 5278 OF 2008CIVIL APPEAL NO. 6679 OF 2008Civil Appeal No. 5273 of 2008 Page 2 of 44 J U D G M E N TSATISH CHANDRA SHARMA, J.
Taxation forms the backbone of a nation’s revenue generation, enabling governments to fund public services, infrastructure, and welfare programs. As economies grow and evolve, so does the complexity of tax structures and disputes. The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) stands as a critical pillar in the adjudication of disputes arising under indirect…
The Indian Supreme Court (SC) holds a pivotal position in the governance and legal framework of the country. As the apex judicial authority, it not only interprets laws but also ensures the protection of constitutional principles. Understanding its decisions is crucial for legal practitioners, scholars, policymakers, and the general public. This article offers an in-depth…
Introduction The Bharatiya Nyaya Sanhita (BNS), 2023 was introduced to address several shortcomings of the Indian Penal Code (IPC), 1960. Here are some of the key reasons for the introduction of the BNS: Outdated Provisions of IPC: The Indian Penal Code (IPC), 1860, contained provisions that were outdated and no longer relevant to modern…
Samvidhan Divas or Constitution Day (26 November): In a nation as diverse and dynamic as India, the observance of Samvidhan Diwas, also known as Constitution Day, holds immense importance. This day, marked on the 26th of November each year, commemorates the adoption of the Indian Constitution in 1949, laying the foundation for the world’s largest…
The Necessity of Judges Accountability or Judicial Accountability The concept of “Judges Accountability” is essential because judges are often revered as impartial arbiters of justice, it’s crucial to recognize that they are human, and like anyone else, they are susceptible to errors, biases, and corruption. Here are some reasons why it is important: Accountability of…