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Showing posts from April, 2020

What is investigation under code of Criminal procedure 1973?

INVESTIGATION UNDER CODE OF  CRIMINAL PROCEDURE,1973 “ Investigation may be likened to the long month of pregnancy  and solving a problem to a day of birth. To Investigate a  problem is ,indeed, to solve it”…                        Introduction The article presents study of the Meaning, Purpose and procedure of  Investigation. The most vital purpose of the Code of Criminal Procedure is to find  the culprit or the mastermind, as we say, behind a crime and ensure that he is  brought to justice. To perform this function, the courts require evidence and its proof supporting the case of the prosecution and if something is found in favour of the accused, it hasto be used in favour of the accused.  Now, how do we find this evidence?  Who finds this evidence for the court and what is the purpose or object of this process  of finding evidence?  To answer these questions, the present article deals with the meaning and purpose of an investigation under the Code of Criminal Procedure,  197

Kesavananda Bharti v/s State of Kerala [(1973)4 SCC 225

it is very landmark case of our indian constitution . Every body knows that  premble is the spirit of our indian constitution.firstly the question arise that can peamble be amended  by our constitution. In Berubari's case AIR1960 SC845 Supreme court held that preamble was not part of our indian constitution. Then In Kesavananda Bharati v.  State of Kerala [(1973)  supreme court held that preamble is also a part of our indian constitution.the prem ke was relief on in imposible implied limitation on the amending power of the parliament under article 368 of the constitution. In that case it was held that the basic elements in the preamble be amended under article 368. these amending powers can  not be used so as to destroy or damaged these basic feature mentioned in the preamble.                        What  is preamble The preamble is the soul of our indian constitution. The preamble to an act sets out the  main objectives which the legislation is intended to achieve.


CITIZENSHIP AMENDMENT ACT  Before understanding CAA, we have to first know what is citizenship, Part-II Articles 5 to 11 of the Constitution of India, citizenship has been told. Article 5 Of the Indian constitution says that Citizenship at the commencement of the constitution. At the commencement of this Constitution, every person who has his domicile in the territory of India and- (a) Who was born in the territory of India; or (b) Either of whose parents was born in the territory of India; or (c) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, Shall be a citizen of India.            WHAT IS CAA Citizenship Amendment act helps of people of Hindu,Christian,Sikh, Parsi, Jain and Buddhism who came from Pakistan,Afghanistan, Bangladesh will be given citizenship of India.  But people of the religion of Islam have not been included in this act.  After the enactment of the Citizenship Amendment Bill, now


OUTBREAK OF CORONA VIRUS(COVID-19) Origin of Corona Virus:- A world pandemic threat COVID-19 mitigation is crucial to the human life and for reducing distortion of livelihood. The ICTV (International Committee on Taxonomy of Viruses) labelled SARS-CoV-2 (SARS- Severe Acute Response Syndrome) virus induced corona virus disease (COVID-19) was outbreak from Wuhan, China from this January. Similar kind of outbreak was happened previously with different pathogens named SARS-CoV (2003) and Middle East Respiratory Syndrome Coronavirus-MERS-CoV (Since 2015, centered on Arabian Peninsula). However, SARS-CoV-2 virus promoting respiratory problems and ease of spreading (through air) will make severe life threats than the other, hence Corona virus is belonging to Coronaviridae family, and size is 65–125 nm diameter. After outbreak from china, more than 3,39,645 peoples have been affected with COVID-19, and still it continuous on. An overall good sign has been mortality rate (4.33%) which was lesse


ARBITRATION (Under arbitration and conciliation act, 1996) INTRODUCTION The Indian law of arbitration is contained in the Arbitration and Conciliation Act 1996 (Act).1 The Act is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976 .The Act is a composite piece of legislation. It provides for domestic arbitration; international commercial arbitration; enforcement of foreign award and conciliation (the latter being based on the UNCITRAL Conciliation Rules of 1980). Arbitration is most commonly used in the resolution of commercial disputes and is distinct from  mediation  and conciliation. MEANING Sec 2(1)(a) of A&C act ,1996 defines Arbitration. Arbitration, a form of  alternative dispute resolution  (ADR), is a way to resolve disputes outside the  courts . The dispute will be decided by one or more persons (the "arbitrators", "arbiters" or " arbitral tribunal "), which renders the " a