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Rights of the Accused

 Article. 20 of the Indian Constitution subsumes within itself three important doctrines known as Doctrine of Ex post facto Law, Double jeopardy and prohibition of self incrimination, this is one of the Articles which cannot be done away even during Emergency. The Art 20 of the Indian Constitution was initially draft Article. 14 of the Indian Constitution. The term Ex post Facto Law is a part of natural justice principle and the same is based on the principle that no body should be punished for commission of an Act which was not a crime at the time of commission of the Act, or should not be inflicted with a punishment which was not present at the time of commission of the Act. This can be found in Section 10 to the Article. 1 of the US Constitution- It was called as the hallmark of republic governance by Alexander Hamilton. The nomenclature of Section 10 states that the congress shall not pass any legislation which is no state can pass any ex post facto Law, this was pointed out by Geo

Concept of Liberty

  Concept Of Liberty Every citizen has the right which is enforced by the state and protected by the state and ensures freedom or liberty. According to Harold J. Laski: Without right there cannot be liberty, because without right men are the subjects of law unrelated to the needs of personality. [1] The word liberty originates from the Latin word Libre meaning free. From the concept two major perspective are there, first one says that “meaning of Liberty is not fixed, it changes according to time” and second says that: Liberty has some restrictions but the proper statement of liberty should be explained in a way which includes fact that every individual’s liberty is necessarily relative to that of others. It is the duty of the state to provide and protect the liberty to every individual in such a way that whatever an individual want to do he/she can proceed without any restriction but implied with some restrictions, means to say that what and how much liberty it provides to the people.

An overview of Contempt of Courts Act,1971

  It is a fact that an independent and impartial judiciary is the sine qua non of a healthy society. Therefore, it becomes quite essential that the judiciary is protected from all sorts of evils to affect the administration of justice. The quest for conferring society’s support and respect to the judiciary led to the conferment of ancillary powers in the judiciary to prevent any act which may lead to disrespect towards the authority of the court and eventually this power developed into law of contempt. The law of contempt is based on sound public confidence in the administration of justice. The purpose of contempt jurisdiction is to uphold the majesty and dignity of law courts. The Contempt of Courts Act, 1971 defines contempt of court and also provides for the procedure, limitation, punishment, and appeals as well as defenses available to contemnor. Meaning of Contempt of Court: Contempt of court generally is any behavior or wrongdoing that conflicts with or challenges the authority,

Classification of Law

  Classification of Law According to Blackstone, “Law in its most general and comprehensive sense signified a rule of action and is applied indiscriminately to all kind of action whether animate, rational, irrational. Thus we say the laws of motion, of gravitation, of optics or mechanics as well as the laws of nature and of nations.” Before understanding the classification of law we need to understand the Definition of law. The explanation differs from person to person and it may be seen from the different angle, and one angle does not take the view of the other. For a lawyer, the parameter of law is largely about cases. On the other hand, it is all about justice to be done in good conscience. Law is defined by different jurists on basis of its ‘nature’, ‘sources’ and in term of effect in the society and unless all the elements are taken into consideration it will not make a perfect definition of law.  Importance of Classification of Law For a proper understanding of the law, it is ne

Injuria sine damno

  Injuria sine damno Injuria sine damno means violation of a legal right without causing any harm, loss or damage to the plaintiff. There are two kinds of torts:  Firstly, those torts which are actionable per se, i.e., actionable without the proof of any damage or loss. For instance, trespass to land is actionable even though no damage has been caused as a result of the trespass.  Secondly, the torts which are actionable only on the proof of some damage caused by an act. Injuria sine damno covers the first of the above stated cases. In such cases, there is no need to prove that as a consequence of an act, the plaintiff has suffered any harm. For a successful action, the only thing which has to be proved is that the plaintiff's legal right has been violated, i.e., there is injuria. Ashby v. White1 is a leading case explaining the maxim injuria sine damno. In this case, the plaintiff succeeded in his action, even though the defendant's act did not cause any damage. The plaintiff