Author: Enakshi Ganguly Thukral
Publisher: HAQ Centre for Child Rights
ISBN: 8190163809
Category : Children
Languages : en
Pages : 398

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Book Description
Contributed articles.

Author: Rupert Cross
Publisher: Clarendon Press
ISBN: 0191024449
Category : Law
Languages : en
Pages : 256

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Book Description
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.

Author: Abhishek Singhvi
Publisher: Springer Nature
ISBN: 9811529973
Category : Law
Languages : en
Pages : 336

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Book Description
This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

Author: Supreme Court of India
Publisher: Publications Division Ministry of Information & Broadcasting
ISBN: 9354091237
Category : History
Languages : en
Pages : 1030

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Book Description
This book is written by eminent judges, advocates and legal luminaries among others under the expert guidance of an Editorial Board constituted by the Supreme Court. It is an attempt to trace the historical evolution of courts in India. The book attempts to identify the diverse court systems prevalent in India, map its historical origins and contextualize the present system of courts.

Author: L. Krishna Anantha Krishna Iyer (Diwan Bahadur)
Publisher:
ISBN:
Category : Ethnology
Languages : en
Pages : 430

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Book Description

Author: Shyam Divan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 882

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Book Description
Environmental law and policy in India affects all sections of society. Those most deeply affected are the poor. Displaced by deforestation, dam-building and degradation of natural resources, they are the first victims of poor sanitation, contaminated water, polluted air and scarce wood. This edition of Environmental Law and Policy in India retains the familiar analytical structure of the 1991 edition, but is thoroughly revised and updated. More than 4/5ths of the material is new. The volume is interlaced with notes, comments and questions to encourage critical thinking among lawyers and law students. It compiles all the leading cases in environmenmtal law in India with concise extracts of landmark judgments and documents. It focuses on environmental law, policy, problems and needs with the comprehensiveness of an American law case book.

Author: Mahabir Prashad Jain
Publisher:
ISBN: 9789351430643
Category : Constitutional law
Languages : en
Pages : 2027

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Book Description

Author:
Publisher:
ISBN:
Category : Indo-European philology
Languages : en
Pages : 814

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Book Description

Author: Wolfgang Friedmann
Publisher: London : Stevens & Sons
ISBN:
Category : Great Britain
Languages : en
Pages : 356

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Book Description

Author: G. H. Treitel
Publisher:
ISBN: 9780421403505
Category : Contracts
Languages : en
Pages : 599

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Book Description
This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.