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Another area of tort that developed in India which differs from the UK is the notion of constitutional torts. Creating constitutional torts is a public law remedy for violations of rights, generally by agents of the state, and is implicitly premised on the strict liability principle. [ 63 ]
Three Judges Cases: 1981 S.P. Gupta v. Union of India [37] Established the Collegium system of the Indian Judicial System. 1993 Supreme Court Advocates-on-Record Association v. 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 ...
By late April, India led the world in new and active cases. On 30 April 2021, it became the first country to report over 400,000 new cases in a 24-hour period. [ 15 ] [ 6 ] Experts stated that the virus may reach an endemic stage in India rather than completely disappear; [ 16 ] in late August 2021, Soumya Swaminathan said India may be in some ...
In the midst of a national emergency and global pandemic, what a perfect time to pick a Constitutional fight. At first, the President insisted he had “total" power to decide how and when to ...
Suresh Kumar Koushal & Anr. v. NAZ Foundation & Ors. (2013) is a case in which a 2 judge Supreme Court bench consisting of G. S. Singhvi and S. J. Mukhopadhaya overturned the Delhi High Court case Naz Foundation v. Govt. of NCT of Delhi and reinstated Section 377 of the Indian Penal Code.
In India, as in the majority of common law jurisdictions, the standard of proof in tort cases is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of ...
"Justice Khanna was right in holding that the recognition of the right to life and personal liberty under the Constitution does not denude the existence of that right, apart from it nor can there be a fatuous assumption that in adopting the Constitution the people of India surrendered the most precious aspects of the human persona, namely, life ...
Two Indian chemical companies have been indicted for allegedly importing ingredients for the highly addictive opioid fentanyl into the United States and Mexico, the U.S. Department of Justice said ...