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D.K. Basu vs. State of Bengal

  D.K. Basu vs. State of West Bengal Facts: On August 26, 1986, DK Basu, Executive Chairman of Legal Aid Services, West Bengal, a non-political organisation, wrote to the Supreme Court of India to draw his attention to several news articles regarding fatalities in police custody and detention that had been published in the Telegraph Newspaper. In the "Public Interest Litigation," he asked that the letter be handled as a Writ Petition. The Defendants were informed and the letter was handled as a written Petition because to the significance of the matters presented. Mahesh Bihari from Pilkhana, Aligarh died in police custody, and Mr. Ashok Kumar Johri wrote to the Chief Justice of the Supreme Court to draw his attention to this while the writ case was being heard. Along with D.K. Basu's request for writing, the identical letter was also considered as a request for writing. The Law Commission also received a notice from the Court, which was issued on August 14, 1987, asking ...

PIL

 Day 14th Summer Internship Program Akanksha Tiwari Amity University Gwalior Madhya Pradesh VIP Author Written Assignment Date 29th july Opinion on Public Interest Litigation (PIL) PIL: From public interest to political interest litigation The PILs have played a key role in strengthening the rule of law of the country and ensured that everyone has access to justice. Anyone capable of doing so can file petitions on behalf of others who are unable or do not have the resources to do so. But in recent times it has been observed that certain PILs are filed just to fulfil political as well as personal vendetta. It is a well known saying that the welfare of people is the welfare of god and the PIL which stands for “PUBLIC INTEREST LITIGATION” was also conceptualized for the welfare of the general public who were not in a position to represent themselves. The concept of PIL was borrowed from the American jurisprudence where it was created to provide legal representation to unrepresented gr...

Case study

 Day 14th Date 29th July Summer Internship Program Akanksha Tiwari Amity University Gwalior Madhya Pradesh Written Assignment CASE-STUDY ADM JABALPUR Vs SHIVKANT SHUKLA The Constitution of India since its adoption in 1950 has provided the citizens with a means to enforce their guaranteed rights through various institutions, especially, the Supreme Court. The Supreme Court has by and large remained firm in its role as the guardian of the fundamental rights that are provided in the Constitution. The most serious challenge to the independence and integrity of the Judiciary in general, and the Supreme Court in particular, came when the Late Prime Minister Smt. Indira Gandhi decided to impose an ‘Emergency’ through a proclamation by the then President Fakhruddin Ali Ahmad under Clause (1) of Article 352 of the Constitution. The government declared that a grave emergency existed whereby the security of India was threatened by internal disturbances. Background ● The imposition of emergenc...

Data mining and the Right to Privacy

 Data mining and the Right to Privacy Particularly the surveillance of Constitutional Authorities and an active Supreme Court of India Judge throughout that time make the most recent claims of spying and phone tapping against the State particularly serious and dangerous in character. The way the accusations were presented, the cases the judge had on the docket, and the subsequent rulings in the Government's favour raise serious concerns about the integrity of the judiciary's lofty ideals of independence and impartiality. The last and most important institution for the general populace, and one that can be compared to God, is the judiciary. The public's confidence in the independence of our legal system has been undermined, however, by the spying surveillance of the judiciary and the contested results of the petitions delivered in the government's favour. Here, it's important to keep in mind that one of the fundamental tenets of both our democ...

Consumer Protection Act, 2019

 Consumer Protection Act, 2019Consumer Protection Act, 2019 Misleading advertisements are those that "falsely describe the product or service; give a false guarantee; are likely to mislead the consumers as to the nature, substance, quality, or quantity of such product or service; or deliberately conceal important information about the product or service," according to the Consumer Protection Act of 2019. The Central Consumer Protection Authority (CCPA) was established to protect consumers' rights from deceptive or false advertising. The CCPA may launch an investigation into deceptive advertising on its own initiative or in response to a complaint. If it is determined that the advertisement is deceptive, the CCPA may mandate its alteration and levy a fine of up to Rs. 10 lakhs. After conducting a preliminary investigation, the CCPA may also report the matter to the pertinent regulator created by any other statute. Recently, the CCPA has made headlines for a...

An overview on Article 21 & 21A of the Constitution of India

 By - Saumya Singh Course - B.B.A. LL.B. (Hons.) Year - 3 & Semester - 6 College - JEMTEC School of Law (JIMS), Greater Noida affiliated to GGSIPU, Delhi Designation - Legal Intern at Lexis and Company (Module 4 VIP Advance) Task Day 14 - An overview on Article 21 & 21A of the Constitution of India. An overview on Article 21 & 21A of the Constitution of India - Article 21 & 21A (Protection of Life and Personal Libety & Education) - •In this article question arises is - - what do we include in life and personal liberty i.e. what is it's scope. - what is procedure established by law? •To know this let us first understand a) what is "Due process of law"?- Due process follows American Constitution and checks whether any law in question is fair and not arbitrary and with this power courts get wide power or scope to grant protection to the rights of it's citizens. b) Procedure Established By Law? - It means that a ...

PUBLIC INTEREST LETTER

 PRATHA BAKSHI INTERN AT Lexis and Company Email- rashisinghbakshi@gmail.com Contact number – 8253040077 TASK 10 PUBLIC INTEREST LETTER JJ Colony Jabalpur 18 th April 2022 Chief Justice High Court Jabalpur SUBJECT: Scarcity of water in Colony. Hon'ble sir, I’m a 1 st year Public spirited law student at ITM University Gwalior, and currently working as an intern UbAdvocate. Sir through this letter I want to draw the attention of the authorities towards the problem of water scarcity in JJ Colony. JJ Colony is a jhuggi slum area, where about 10,000 people reside. They are poor and ignorant about rights in law. They do not have any means to come to court also from last two months there has been a serious drinking water problem. Earlier government used to send water tanks on daily basis. Water level has gone down, pumps sets are prohibited by the government. Due to this, people are suffering in terms of health, hygiene, law and order. A number of representations made to governmen...