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Demonetisation: Whether it ended the corruption or terrorism?

On the night of 8th November, 2016, in a 48 minute speech, Prime Minister or rather the Central Government struck down the legal tender of 500 and 1000 rupees notes which constituted 86.4% of the total currency in circulation which worth around 14 trillion of cash. There was a huge setback in different economic sectors due to this step, and which was also reported subsequently. India’s informal sector which constitutes almost 50% of the economy was totally shattered as 76% of the transactions in the sector is conducted in cash. Also this is the section which provides 78% of the employment and the employees in this sector are mainly paid in cash and they also spent in cash. Even the organized sector suffered a lot due to this, the SMSEs and MSMEs had and is going through a huge revenue loss as well as the job losses which common people went through. As the demonetization step was totally depended upon the banking system so it would be easy to understand the implication after understand…

RULES OF CONSTRUCTION/ INTERPRETATION

Rules of Interpretation Generally The interpretation of laws is confined to courts of law. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Most of them have been collected in books on interpretation of statutes and the draftsman would be well advised to keep these in mind in drafting Acts. Some Interpretation Acts, like the Canadian one , lay down that every Act shall be deemed remedial and shall accordingly receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit. The object of all such rules or principles as aforesaid broadly speaking, is to ascertain the true intent, meaning and spirit of every statute. A statute is designed to be workable, and the interpretation thereof by a court should be to secure that object, unless crucial omission or clear direction makes that unattainable.
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Rohingya's Crisis | Mayanmar |

Myanmar also known by the name Burma which is bordered by India and Bangladesh to the west, Thailand and Laos to the east and China to its north and north-east having a total area of 676,578 sq km and capital at Naypyidaw is currently in the news for its Rohingya issue. Before going into the issue, I think it would be easier for us to understand the issue if we trace the background of its occurrence and who are Rohingyas.
Rohingyas are the ethnic community who reside in Rakhine area of Myanmar which account for approximately 7% population and talk in their regional language. Rohingyas are actually the Arabs, Mongol or Turkish soldiers and traders who migrated in 15th century to the Kingdom of Arakan (Rakhine State). Buddhists and the Rohingyas lived for centuries together, it was only after the British invasion that the clash between both the communities started. The British according to their infamous “divide and rule” divided both the communities and started favouring the Muslims mor…

DIPAK MISRA: SOLUTION PROVIDER TO CONTROVERSIES

Dipak Misra, a gem to the Indian judiciary, is known for delivering judgments to the most looked after matters by the media and the masses starting from his Indian National Anthem order or his Arunachal Pradesh emergency lifting order in merely 3 minutes or uplifting of Criminal Defamation law of India to the recent Jallikattu verdict. In Priyanka Srivastava and Anr v State of UP and Ors, his 192 word opening sentence on abuse of procedural provisions is also considered to be the longest sentences ever written in a Supreme Court judgment. CAREER Born on 3 October 1953 and the nephew of Ranganath Misra (Chief Justice of Supreme Court from September 1990 to November 1991), Justice Dipak Misra has worked as former Chief Justice of Patna and Delhi High Courts and presently the Chief Justice of India. He enrolled at the Bar in 1977 and then practiced at Odisha High Court. He was later, in 1996 was appointed as the Additional Judge of the Odisha High Court. He was in 1997 made a permanent ju…

IT ALL COMES DOWN TO 3 WORDS: TALAQ, TALAQ AND TALAQ (Triple Talaq)

One of the landmark judgments this year was the Apex Court’s decision invalidating the practice of Triple Talaq on the ground of it being unconstitutional. It was hardly a week or so, a newspaper headline quoted “Muslim body of Barelvi Sunni Muslims in Uttar Pradesh has asked madrassas to include Triple Talaq in the syllabus.” The reason given by the Organization was that the parents fear telling their kids about the practice fearing it to have a detrimental effect on their child. The question whether making the practice more overtly visible to kids of a tender age will do some good or not is yet to be found out which at the present moment is attracting a lot of criticism from the parents. SHAYARA BANO V. UNION OF INDIA This case popularly known today as the “Triple Talaq case” has challenged the constitutional validity of some Muslim Personal Law practices like triple talaq, nikah halala and polygamy. The Supreme Court in its judgment has quashed the practice which is about 1400 years …

Kambala and Jallikattu: A Relation Reargued

Amidst a lot of criticism and controversies, the Supreme Court ripped Tamil Nadu’s attempt to bring back Jallikattu by bypassing its own judgment of 2014 which banned the sport involving bulls on grounds of it as constituting extreme animal cruelty which involved young men wrestling with bulls under the veil of celebration of the harvest. In this sport before the bulls are released in the crowd they are prodded with sharp sticks and then tortured by pouring chilli powder on the animal. In Animal Welfare Board of India v A Nagaraja[1], it was propounded that such rough or abusive handling of bulls is a compromise of animal welfare and instills fear by causing both physical and mental harm to the animal. The bullock cart race and such events per se violate Section 3, 11(1)(a), 21 and 22 of the PCA Act (Prevention of Cruelty to Animals Act, 1960). The Court also said that conservation of  “culture” should not be at the cost of inflicting unnecessary pain to the meek animals.
But recently …

Rights of an Arrested person in India

One of the basic principles on which the Indian Legal System is based on the benefit of the presumption of innocence of the accused till he is found guilty at the end of a trial on legal evidence. This principle embodied in the Indian Legal System offers certain rights which are available to the person who is accused of committing a crime. The provisions related to such rights are found in The Indian Constitution, 1950 and The Code of Criminal Procedure, 1908. These rights found in the stated statutes clearly reflect the intention of the legislature that hundreds of guilty persons may got scot free but even one innocent should not be punished.

The rights available under the Constitution of India, 1950
1. Protection against Ex Post Facto Law: An ex post facto law as laid down under Clause (1) of Article 20 of the Indian Constitution says that “no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence,…

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