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The Indian Evidence Act, [1] originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. The India Evidence Act was replaced by the Bharatiya Sakshya Adhiniyam [2] on 1st July 2024.
Proportionality is a general principle in law which covers several separate (although related) concepts: . The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the ...
Specifically, the court adopted the three-pronged test required for any encroachment of Article 21 right: legality, or the existence of a certain law; necessity, in terms of a legitimate state objective; and proportionality, which requires a rational connection between an object and the means required to get that object.
The report was accompanied by draft rules of practice designed to implement Lord Woolf's proposals. These rules granted wide management powers to the court, [10] proposed that cases be allocated to one of three tracks depending on their nature, limiting or requiring specific actions, and introduced the concept of proportionality to the costs ...
1. The Legislative and the Rule of Law; 2. The Executive and the Rule of Law; 3. Criminal Process and the Rule of Law; 4. The Judiciary and Legal Profession under the Rule of Law. The committees set up during the congress were each dedicated to one of the four themes with the Working Paper providing the basis of the discussions.
The decision had a significant influence on Indian constitutional law and has been described as the moment when the Supreme Court of India rejected "three decades of formalist interpretation, and inaugurated a new path where Courts would expand the rights of individuals against the State, instead of limiting or contracting them."
These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special reference 1 [39] Reply by the Chief Justice of India to the questions raised by President of India K. R. Narayanan regarding the Collegium system. M. C. Mehta v. Kamal Nath [40] 1996