Summary of the Judgment
In Gramophone Company of India Ltd. v. Birendra Bahadur Pandey (1984), the Supreme Court of India addressed the relationship between international law and domestic law, particularly focusing on the application of the Berne Convention and the Customs Act, 1962. The Court interpreted Article 51(c) of the Indian Constitution, which urges the
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LLM Notes: Human Rights in Non-Western Thought
Cultural Foundations and Distinctions
Human rights in non-Western thought are rooted in diverse cultural, philosophical, and religious traditions that often differ from the individualistic, legalistic framework prevalent in Western societies. While the modern concept of human rights—as universal entitlements held by all people simply by virtue of being human—was articulated in the West, similar ideas…
LLM Notes: Human Rights of Tribal Communities in India: Constitutional Safeguards and Challenges
The human rights of tribal people in India, often referred to as Adivasis or Scheduled Tribes (STs), are protected through various constitutional provisions, laws, and policies aimed at preserving their autonomy, culture, land rights, and socio-economic welfare.
Key Human Rights of Tribal People in India
1. Land and Forest Rights
- Tribal communities have the right
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LLM Notes: Discuss the legal status of universal declaration of human rights and its contribution in international level
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on December 10, 1948, is a foundational international document that articulates the basic rights and fundamental freedoms to which all human beings are entitled. It covers a broad spectrum of rights, including civil, political, economic, social, and cultural rights, such as the…
Big Relief for Widows in Maharashtra: Court Fees Slashed – Reduction in maximum court fees from Rs. 75,000/- to Rs. 10,000/-
2. In view of the requisition raised by the Testamentary Registrar, Ms. Chavan, Learned AGP, on instructions, submits that the State Government has issued a notification dated 9th August, 2024, which reads thus:“Maharashtra Court Fees Act.No. Mudrank-2023/C.R.641/M-1(Policy).- In exercise of the powers conferred by section 46 of the Maharashtra Court Fees Act (XXXVI of 1959), …
Supreme Court: What will be proper order there is disobedience of interim injunction order and thereafter main suit is dismissed?
A question of maintainability of the application Under Order XXXIX Rule 2A was raised. With reference to Samee Khan v. Bindu Khan MANU/SC/0564/1998 : 1998:INSC:334 : (1998) 7 SCC 59, it was held that even if the injunction order was subsequently set aside, the disobedience thereof is not erased. {Para 3}.12. But the position …
Jharkhand HC: Whether motor accident claim petition can be rejected on the ground that some of legal heirs of deceased are not added as party to the petition?
Matter for consideration is whether all the heirs are a necessary party in a claim case. Compensation is assessed on the basis of dependency and not on heirship. Only those who are the dependents shall be entitled to compensation. The entire concept of computation of compensation arising out of the death is based on calculation …
P & H HC: Whether Motor accident claim tribunal can reject claim petition if some of legal heirs are not added as party to the proceeding?
A bare perusal of the above-mentioned provision shows that where the death has resulted from the accident, the application for compensation may be filed by all or any of the legal representatives of the deceased. {Para 12}13. Learned Claim Tribunal while deciding the claim petition adjudicated upon the petition like a trial where principles …
Karnataka HC: Whether insurance company can be held as aggrieved party if husband of deceased is not added as party to motor accident claim petition?
It is to be borne in mind that the necessary parties are those without whose presence, the Court cannot determine the real matter or controversy between the parties in dispute. It is also settled principles of law that no suit/petition shall be defeated by reason of mis-joinder or non-joinder of parties if such defect does…