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JUDICIAL ACTIVISM

When we talk about the judicial activism so the concept of judicial activism originated and developed in the USA . The  term was first coined in 1947   by Arthur Schlesinger jr , an  American historian and educator. if we talk about judicial activism in India so this  doctrine was introduced in mid 1970s . justice P.N BHAGWATI , JUSTICE O. CHINNAPPA REDDY AND JUSTICE D.A DESAI  laid the foundation of judicial activism in the country .   MEANING  When we talk about the meaning of judicial activism so it denotes the proactive role played by the judiciary in the protection of the right of the citizens and in the promotion of justice in the society . we can say that judiciary is that part who played an assertive role  who can force the other two organs of the government to discharge their  duties . 1. judicial activism is a way of exercising judicial power  that motivate judges to depart from normally practised  strict adherence...

conclusive proof of legitimacy sn 112 of indian evidence act 1872

conclusive proof of legitimacy  when we talk about the legitimacy of children during marriage so section 112 of evidence act provided birth during marriage conclusive proof of  legitimacy   being the rule of the nature there is no problem deciding maternity of person but in case of determining paternity cognet evidence is required section 112 of indian evidence act deals with the presumption of legitimay of children with regard to conclusive proof of legitmacy not regard to illagitimcay .Section 112 of indian evidence act reproduce the rule of english law   that is udesirable to inquire into paternity of child when mother is married women and husband access to her . Ghulam -mhy-ud-din vs khizar hussain air 1928 in this case it was held that if father died and child born within 280 days of marriage so that child should be treated legitimate child of that person .     Birth during marrige section 112 of evidence act  The fact that any person was born dur...

Himachal pradesh land revenue act ,1954........classses of revenue officers and their power and function

Introduction: when we  talk about the classes of revenue officers and their powers so its provided under section 7 to 28 of hp land revenue act ,1954. its primary object is to maintain relation between land lord and tenants to prepare the land record to settle the disputes .when we talk about the classes of revenue officers it were provided under section 7 to 11. Financial commissioner cum principle secretary is the revenue minister who also performed the judicial function . the main objective of this act to maintain relation between land lord and tenant and resolve there disputes.              classes of revenue officers                                1. financial cum principal secretary .  A senior IAS officer as a commissioner control the entire land  revenu...

RESERVATION FOR SOCIALLY DISABLED PERSON

when we talk about the sc/st category in our country so there has lots of provision in our constitution for uplifting these minority or backward classes .But here we were discussing about disabled section of our society .so according to WHO report ,about 15% of worlds population lives with some form of disability by birth or due to any accident .due to reason of that disability that person were faces lot of problems in his or her life. many of them are belonging to the poorest section of society as well as many people were come from higher section of society . but they all were facing lot of challenges to access education and getting jobs . if we were talking about them intellectually so no doubt they are brilliant but in our society people don't want to give jobs to a disabled person whether they were belonging rich or middle and poor section of society because many of us think that they are just burden but no one want to uplift them .so in our country our supreme court...

india's headache : unemployment or underemployment

  unfortunately ,very few governments think about youth unemployment when they are drawing up their national  plans ....... kofi annan unemployment is like a headache or high temperature -unpleasant and exhausting but not carrying in itself any explanation of its cause....... William beveridge introduction: when we talk about the unemployment during this pandemic so it create  huge problems not only for one country but for  the  whole world one side we were facing the covid 19 other ide we are facing unemployment . Due to this disease  many country here we can say that whole world declared lockdown in whole country and due to this lockdown millions of people were losing their jobs ,many migrants worker were facing lots of problem .people were dying because they don't get enough food for survive .But the problem of unemployment is not new but its a huge problem in many countries .when we talk about our country India so according to the recent report of...

Life

Life ... What is life?  What is the purpose of life  Before 2020....i think we never think about life and purpose of  life  We all have different perception about life.  After the outbreak of SARS cov 2 in all over the worldwide we can see the situation of people. After this outbreak it teaches us real meaning of life.  This virus is affecting not only our country but the whole world and to controlling to spread this virus our country also declared lockdown in all over the country which is one of the hardest lockdown in all over the worldwide. Afer this here the journey start to knowing the real meaning of life.  During the lockdown period we  see the life of ............migrants people We see the life of daily wages workers .we see the life of hungry people . we  see the life of our doctors ,nurses or medical staff . we see the life of police person .our frontline workers and many more.  So here if when we see the life of these...

Short notes on rioting

Sn146 of Indian penal code  When we talk about the rioting it is provided under section 146 of Indian penal code .Rioting means whenever force or violence is used by an unlawful assembly ,or by any member thereof in prosecution of the common objective of such assembly is guilty of the offence of rioting .Thus it is clear that there should be minimum five person for commuting rioting to constitute the offence of riotin. The following ingredients must be present . An Assembly of five or more person  Unlawful assembly  Members of the assembly used force or violence  Offender was a member of that assembly and  Force or violence was used by the assembly in pursuance of their common object. It has been held in Samruddin .vs. Emperor air1913ilr 40 cal 367 In this case it was held that world violence in sn 146 I.p.c is not restricted to force used against person only ,extends also to force against inanimate objects. Rioting is punishable under section 147 of ipc with im...