LEXIS AND COMPANY

  After a review petition is dismissed or used one can ask the court to review and revise the decision given by them. This is called a  curative petition.  The courts have been very vigilant in the use of such a  petition .  curative petition A curative petition shall be filed after the dismissal of the review plea against the final conviction. It is meant to secure that there is no gross miscarriage of justice, and to prevent the abuse of process. A curative petition is habitually decided by the judges in chamber unless there is an explicit request for an open-court hearing is permitted. A curative petition is the last and the final constitutional resort available for any redressal of grievances in court after a review petition has been exhausted and dismissed. Every curative petition is intended based on the principles laid down by the Supreme Court in the landmark case of Rupa Ashok Hurra Vs Ashok Hurra and anothers, (2002). In this case the issue was of...

  State of Andhra Pradesh v. Challa Ramkrishna Reddy :   This case was a recent case the judgment was passed on April 26, 2000; the judgment was delivered by the D.P.Wadhwa, S.S.Ahmad . The facts of case is S.SAGHIR AHMAD, J. Challa Chinnappa Reddy and his son Challa Ramkrishna Reddy were involved in Criminal Case, while they were in jail some persons entered the premises of Sub-jail and hurled bombs into the cell where they are kept by the police as a result of which Challa Chinnappa Reddy sustained grievous injuries and died subsequently. His son Challa Ramakrishna Reddy who was also lodged on the same jail however, escaped with some injuries. Ramakrishna Reddy and his four other brothers as also his mother filed a suit against the State of Andhra Pradesh government claiming of Rs. 10 lakhs as damages on account of the negligence of the defendant which had resulted in the death of Challa Chinnappa Reddy.  The state asserted that it was not liable for any damages. "It is...

  The President The clemency power of the President is one of the powers which has been conferred on the executive.  Article 72  of the  Indian Constitution  confers the power of pardon on the President and  Article 161  gives the same power to the Governor Scope of pardoning power  The scope of clemency power by the President under Article 72 of the Indian Constitution is wider than the pardoning power of the Governor as mentioned under Article 161 of the Indian Constitution. Article 72 condors the power on the President to grant pardon, reprieve, respites, or remissions of punishment or to suspend, remit or commute the punishment of any person convicted in crime in the following cases- Where the punishment is by court-martial. Where the punishment is for the offense against any law relating to the matters of executive power of the union. Where the sentence is a death penalty. Article 161 confers the power of clemency on the Governor to grant par...

  The clemency power and judicial review The clemency power of the President is not an absolute one but it is governed by the advice of the Council of Ministers. The basic development served by the judicial system in the context of the Article 72 and 161 allowing the judicial review. Judicial review is an independent judiciary that assures the faith embodied in the Constitution of India.  There has always been a debate as to whether the power of the executive to pardon should be subjected to judicial review or not. In a series of cases, the Supreme Court of India has laid down the law relating to judicial review of clemency power.  In  Maru Ram v. Union of India  (1981) t he constitutional bench of the Supreme Court held that the power to grant pardon under Article 72 is to be exercised on the advice of the Council of ministers. The Supreme Court, in this case, laid down emphasis on the British practice while arriving at this conclusion regarding the Indian posi...

  Drugs Consumption and Related Laws  A drug is any  chemical substance  that causes a change in an organism's  physiology  or  psychology  when consumed. Drugs are typically distinguished from  food  and substances that provide nutritional support. Consumption of drugs can be via  inhalation ,  injection ,  smoking ,  ingestion ,  absorption  via a  patch  on the skin,  suppository , or  dissolution under the tongue . There are numerous governmental offices in many countries that deal with the control and oversee of drug manufacture and use, and the implementation of various drug laws. The  Single Convention on Narcotic Drugs  is a international  treaty  brought about in 1961 to prohibit the use of narcotics save for those used in  medical research  and treatment. In 1971, a second treaty the  Convention on Psychotropic Substances  had to...

  Section 89 of C.P.C Substitute Dispute Resolution or ADR is intended to incorporate a wide assortment of procedures and systems that are utilized by the gatherings to a debate to determine their contentions. It goes about as an option in contrast to the court framework, and incorporates techniques like, Arbitration, Conciliation, Mediation, Negotiation, Lok Adalat, and so forth The idea of ADR is certainly not an unfamiliar one, it has existed in our country since the Vedic occasions. In any case, the word 'Mediation' was utilized without precedent for the Bengal Act of 1772, yet it was applied uniquely to the administration territories of Calcutta, Bombay, and Madras. The first Arbitration Act was presented in Quite a while in the year 1899, yet was again applied uniquely to the administration states. The Arbitration Act of 1940 supplanted this demonstration, however it couldn't meet the assumptions for the administrators, subsequently it was revoked by the Arbitration a...

  Patent law  Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items. The main motto to enact patent law is to encourage inventors to contribute more in their field by awarding them exclusive rights for their inventions. In modern terms, the patent is usually referred to as the right granted to an inventor for his Invention of any new, useful, non-obvious process, machine, article of manufacture, or composition of matter. The word “patent” is referred from a Latin term “patere” which means “to lay open,” i.e. to make available for public inspection What can be patented? Sections 3 and 4 of the Indian Patents Act, 1970 clearly mentioned the exclusions regarding what can be patented in India. There are certain criteria which have to be fulfilled to obtain a patent in India. They are: Patent...