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Showing posts with the label Professor Dr. N. K. Bahl

Scope of Legal Education- Few Questions

  What is legal education?               JEMTEC School of law, Greater Noida, is affiliated to GGSIP University, New Delhi where we are imparting legal education to citizens of our country. It encompasses the knowledge of the principles, practice and theory of law as envisaged in our Constitution and various other laws. It includes the study of pre-constitutional as well as post-constitutional laws. Legal education in India generally refers to the training of budding lawyers before their entry into practice in law courts. Legal education encompasses the completion of a degree of B.L., B.A.,LL.B., (Honors) or B.B.A., LL.B.,(Honors) or BSc. LL.B., or B.Com., LL.B., at primary level and degrees of MBA., LL.M.,  MBL-LLM., MBA-LL.M., Ph.D., and D.Lit. at an advanced level.  The continuous legal education is also part of it, which does not require any degree, but it provides the stude...

Morality Police: Is it the need of the hour?

  A blind man was crossing the road. X, another man with all the good eye vision was also crossing the same road at the same time. X did not bother to escort the blind man to other side of the road. He walked away and crossed the road but blind man met with an accident and died while crossing the road. Is X liable to be prosecuted for not escorting the blind man? Was it his legal duty to escort the blind man and has he violated his legal duty? Or was it his moral duty to escort the blind man and has he violated his moral duty and is he liable for violation of moral duty?What is the duty of morality Police in these situations?           Similarly, it is the duty of children to obey and respect their parents and elders. But if they do not obey and/or respect their parents and elders, what will be the consequences? It is very common nowadays those children of many who are residing abroad and are not available for obeying them or paying re...

National Flag – Expression with Pride and Honour

 The Supreme Court in U.O.I. v. Naveen Jindal 1 upheld “the right of private citizens to fly National Flag on their private buildings, factories or offices as part of their fundamental right of freedom of speech and expression provided under Article 19 (1) (a) of Constitution of India. Mr. Naveen Jindal was allowed to fly National Flag in a respectful manner on his factory/private building and it was held that he cannot be prohibited from doing so on the basis of instructions contained in the Flag Code of India when none of the law of the land is infringed. The flying of the flag is permitted on Independence Day as well as Republic day. But many people get confused between Independence Day and Republic Day. Independence Day is always celebrated on 15 th of August every year since India got independence from British’s rule on this auspicious day. Republic Day is always celebrated on 26 th January each year since our Constitution came into force on this day.” Flag Hoisting and Unfurl...

Are you demanding impossible?

  INTRODUCTION The demand for Uniform Civil Code is engaging the attention of all sections of the society. There is a considerable misunderstanding in the minds of Muslim community regarding the actual scope and nature of reforms sought to be introduced through UCC. It is generally argued by the Muslim thinkers that Shariat law is divine law and interference with it is not permitted. They are indirectly suggesting that people demanding reforms through UCC want to meddle with the divine law, which may amount to an attempt to revolutionize the Muslim law and to re-write the holy Quran. So far as administration of Mahomedan Law in India is concerned, Mahomedan Law is applied by the courts in India to Mahomedans in some important matters only. Mahomedan laws are not applied in all cases. The rules of Mahomedan Law are applicable in three ways in India. Firstly, those rules which have been expressly directed by the Legislature to be applied to Mahomedans, such as rules of succession and...

Ratio decidendi at halt

  There are three main sources of law, i.e., legislatio n, custom and judicial precedent. The legislation comes into force the moment its enforcement is notified by the legislature. The custom takes a long and immemorial time to mature into law, but the judicial precedent takes the shape of law when it is consistently followed by the future courts. The million dollar question is that which portion of the judgment is binding on the future courts? Is it the ratio decidendi, i.e., reason for the decision, which takes the shape of law or obitur dictum, i.e., things said by the way by the judges while deciding a case? Obviously, it is the ratio decidendi, which is binding on future courts. Delhi High Court on 15-6-2021 granted bail to three activists students, Natasha Narwal, Devangana Kalita and Asif   Iqbal Tanha in the north-east Delhi riot cases. Supreme Court has on the appeal of Delhi Police, ordered that “ the order of High Court of Delhi would not be cited as judicial p...