DR ANUPAM KUMAR MISHRA

  DOCTRINE OF PITH AND SUBSTANCE The constitution of India has split the extent of legislative powers between states and the centre through the 7th schedule. The 7th schedule determines the subject matter and divided the authority to form laws between the state and the centre. List I or Union list consists of matters where the centre has the authority to make laws, e.g., foreign affairs, defence, and currency. List II or State List consists of the matters where the state has the authority to make laws, e.g., public order, sanitation and health. List III or the concurrent list consists of subjects where both the state and the centre have authority to legislate, e.g., Forest, Education and Administration of Justice. Although areas of effect are well established in the 7th schedule, they often start conflicts as to whether the centre or the state, as the situation may be, is threatening upon the area of the other. To manage this conflict, the courts in India have used a few doctrines and

  John Doe Order By Nemi Bhavsar A John Doe order is a type of pre-infringement injunction used to safeguard the creator's intellectual property rights in artistic works such as movies and songs. The Rolling Anton Pillar, Anton Pillar, or Ashok Kumar order is another name for the John Doe order. The concept of a John Doe order was developed by the Court of Queen's Bench in the United Kingdom as an extraordinary equitable remedy in which an injunction order is issued against an unknown defendant, allowing the plaintiff to search and seize the infringer's premises with the goal of preserving evidence that might be destroyed.The John Doe order concept has changed over time to meet the needs of keeping up with unusual complications. In India, intellectual property rights have been recognised to protect the rights of those who invest in research and development, and the government has enacted various laws to protect the rights of investors and researchers, including the Copyrigh

  Case Analysis Of Dilip Pandey v/s State of Chhattisgarh-2021 By Nemi Bhavsar Facts: The marriage between the applicant and the complainant was solemnized back in 2017 where the applicant soon after, began harassing her on the demands of the dowry. In lieu of constant rejection, the complainant was compelled to indulge in unnatural sexual activities. The compulsion since beyond her consent made her to approach the local police station and the applicant was arrested on the grounds of section 376, 377 and 498A of The Indian Penal Code (hereinafter referred to as IPC). The trial court had upheld the charges and a subsequent appeal was made to the High Court of Chhattisgarh for review. Issues: Whether Section 375 of IPC which defines rape, includes marital rape and is applicable in the instant case? Whether the applicant is punishable by law under Section 377 (carnal intercourse) and Section 498A of IPC (cruelty against women). Contentions Prosecution: The prosecution contended that the a

                Appeal and Revision under Criminal Procedure Code  Appeal: - It is a major part of Indian legal system or criminal law. If anyone is not satisfied with any ruling on those men he can file a petition in the form of appeal in the higher forum or higher court. There is some particular matter in which an apple cannot be filed, like-  If that used person pleads guilty and convicted by the High Court or by the court of session or by any judicial magistrate under section 372 of criminal procedure code.  If a first class magistrate imposes a fine not more than rupees 100 under section 376 in summary trial.  if the fine does not exit our cross rupees 200.  If learning High Court awards and imprisonment of not more than six months and also imposes fine not more than rupees 1000. apart from that in some other matters appeal is not allowed.  They are as follows-  If there is a default of payment of fine,  which is included in the sentence or punishment . If the person is convicted

  DOCTRINE OF TERRITORIAL NEXUS What is the Doctrine of Territorial Nexus? The Doctrine of territorial nexus states that legal guidelines made via way of means of the country legislature aren't relevant out of doors to the country. It is the handiest relevant while there's enough nexus among the country and the item.  It is invoked all through the subsequent instances. Whether a selected country has an extra-territorial operation.   If there's a territorial nexus among the subject- count the number of the Act and the country making the regulation. The Doctrine of Territorial Nexus means that the item to which the regulation applies want now no longer be bodily placed withinside the territorial barriers of the country. Instead, it has to have enough territorial reference to the country. The country can levy a tax at the person, item, or any transaction now no longer handiest while its miles located inside its territorial limits, however additionally while it has enough and a

  Execution of order and Death warrant Execution of order-  Under section 413 of the criminal procedure code when there is a capital sentence under section 302 of the Indian panel code and it is already confirmed by the learned High Court then the concerned station code which awarded the capital sentence is like 2 issue that warrant for the purpose of the execution of the capital punishment.  Similarly under section 414 off the criminal procedure code if capital sentence is awarded by the learned High Court after appeal or division then after the revision the death warrant should be executed. Death warrant:  Under section 302 of Indian panel code in the matter of rarest of rarest category capital punishment is awarded if the murder is barbaric gruesome or much heinous then this kind of punishment should be awarded.  Like,  Mithari Killing ( Uttar Pradesh), Rajiv Gandhi murder case, Indira Gandhi murder case etc. When all process of appeals and petitions are over before Indian president

  Growth of Delegated Legislation in India –  By - Manav Puri@LexCliq Meaning; Delegation of the Legislative has been outlined as, an act of entrusting an individual with the facility or empowering him to act on behalf of that one who has given him that power or to act as his agent or representative. ‘Delegated legislation’ suggests that physical exertion of legislative power by an agent who is lower in rank to the Legislature, or who is subordinate to the Legislature. Delegated legislation, to boot alluded to as an auxiliary legislation, is an enactment created by an individual or body however Parliament. Parliament, through an Act of Parliament, will enable some other person or some-body to create enactment. Associate in Nursing Act of Parliament makes the system of specific or particular law and tends to contain a top-level view of the aim for the Act. By delegation the legislation by Parliament to the manager or any subordinate, it empowers completely different folks or bodies to i