In this short commentary, care has been taken to ... more

In this short commentary, care has been taken to deal with the subject in a systematic way so that even a common man also may be able to follow the essentials of the legislation... less

The Indian Railways Act 1890 was enacted at the t... more

The Indian Railways Act 1890 was enacted at the time when the railways in India were mostly managed by private companies. Initially, the Government of India played primarily the role of coordinating and regulating authority in various matters such as inter-railway movement of traffic, fixation of rates, sharing of revenue earnings, etc. As the role of the Government had changed, the Indian Railways Act 1890 came to be repealed and the Railways Act 1989 was introduced. Subsequently the Railways Act 1989 has undergone further changes in 1994, 2003, 2005 and 2008. The tenth edition of this work is now appearing incorporating all those amendments.Maintenance of railways Poor maintenance of railways is one of the causes for frequent accidents, so relevant provisions for regular maintenance of railways are exhaustively dealt with. Procedural aspects of inquiry, investigation and liability for railways administration relating to accidents have been discussed at length. Sickness of railways is mainly due to shortfall of fares for carriage of passengers and of goods and has been treated appropriately. Acquisition of land is now the foremost problem of the society and accordingly, a chapter on Land Acquisition for Special Railways Project is highlighted. Proposition to prevent offences There are many topics relating to railways. Supreme Court of India and different High Courts have laid down propositions of law to prevent commission of offences in travelling by railways, endangering safety of passengers, entering into reserved compartments, entering carriage or other reserved place for female passengers, carrying dangerous or offensive goods on railways, etc. and those are discussed at length. Issues which are very common in the railways likecompensation for death or injury, forum for deciding claim, loss of consignment, compensation for loss of goods, delayed delivery of goods, contributory negligence, owners risk rate, penalty for smoking in train, res ipsa loquitur, cancellation of ticket and refund for it etc. are dealt with elaborately. The book shall be treated as a faithful companion to the bench and the bar.... less

The book contains a brief biographical sketch of ... more

The book contains a brief biographical sketch of Justice Ahmadi. Justice Ahmadi has covered many aspects pertaining and extra judicial writings that make an interesting reading... less

Juridically speaking, the concept of jurisdiction... more

Juridically speaking, the concept of jurisdiction of a court comprehends (i) pecuniary jurisdiction, (ii) territorial jurisdiction, and (iii) Jurisdiction of the subject-matter. The Criminal Jurisdiction fell within five distinct categories (i) Ordinary original criminal jurisdiction (ii) Extraordinary original criminal jurisdiction, (iii) Appellate Criminal Jurisdiction, (iv)Jurisdiction as a Court if reference; and (v) Revisional jurisdiction.... less

The rules of interpretation are drawn from the ge... more

The rules of interpretation are drawn from the general scope and intention of the instrument or legislation, from the nature of the transaction or the circumstances, from the legal rights of the parties independent of the instrument or law in question, and from many other relevant particulars. Interpretation is the process which is adopted for determination of the meaning of a writing, to determine from its known elements its true meaning or the intent of the framers of the documents. It is the art of finding out the true sense of any form of words, the sense which their author intended to convey. This art enables others to derive from the words the same idea which the author intended to convey and thereby to find out or collect the intention of a writer. The process involved is such that one source speaks something and another source picks it up, discovers its meaning and applies it to do justice between others. It is not a science but an art to find out the meaning of words in the context of a given situation. It is to this field of art that the present study is dedicated to enable those who are interested in knowing the elements of the subject.... less

In their professional lives courtroom lawyers mus... more

In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief-writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.... less

Between 1950 and 2009, 189 judges (including 37 C... more

Between 1950 and 2009, 189 judges (including 37 Chief Justices) served on the Supreme Court of India, dubbed one of the world's most powerful courts. Not enough is known of who these judges were and the criteria that were used to select them for the court, especially of those who served on the court in relatively recent times. Broadly speaking, the Indian constitution formally provides that three types of individuals can be appointed to the Supreme Court: (1) High Court judges of five years' standing, (2) High Court lawyers of ten years' standing, or (3) "distinguished jurists", i.e. law professors or others. However, this says very little, perhaps nothing, about the kind of candidates that are selected for appointment to the court. Informal norms have evolved over a period of sixty years which co-exist alongside formal constitutional rules-norms that govern who will be considered fit and eligible for appointment to the Supreme Court of India. In this study, the author has aimed to quantitatively and qualitatively demonstrate that three informal eligibility criteria in particular are used to select judges for the Supreme Court of India, i.e. criteria that have not been formally specified in any constitutional document: (1) a judge should be of the age of 55 or above at the time he is considered for appointment to the Supreme Court, (2) he should be a senior High Court judge or, especially over the last twenty years, a High Court Chief Justice, (3) judges should reflect the geographic (and demographic) diversity of India, i.e. judges are selected for the Supreme Court by taking into account the state or region they belong to, and whether they belong to non-traditional backgrounds, i.e. in terms of religion, caste, or gender.... less