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THE CLASSIFICATION OF LAW

The law can be classified into the following four categories:  A. Substantive Law & Procedural Law i. Substantive law says what you can do and what you can not do. They give you rights and duties.  ii. Procedural laws tell you what you must do when you decide to take a person to court, or to file a lawsuit. It is about court procedure.  B. Public Law & Private Law i. Public law means that the government is involved. Constitutional law, administrative law and criminal law are the sub-divisions of public law.  ii. Private law involves the cases between individuals such as the law of contracts, torts etc.  C. Criminal Law & Civil Law i. Criminal law refers to the crime and punishment. Criminal cases are where there is the state or the prosecution.  ii. Civil law is where one or both the parties want compensation. Civil law is all law that is not criminal law.   D. Common Law & Civil Law i. Common law takes abstract rules from specific cases. Common law is where judges make

Can Advocates drink liquor in India?

  There is no uniformity of law regarding sale and consumption of alcohol in India.  The laws varies from state to state. Some state have liquor ban in India such as Bihar, Gujarat, Lakshadweep, Nagaland etc.  Anyone can drink liquor who has drinking licence. There is no discrimination on anyone to drink liquor in India. Advocates also can drink liquor in their home, wine shop, pubs, permit room. Any person of legal age and having licence can consume liquor, beer, wine. No discrimination on the ground of profession. In Maharashtra to drink liquor you need a permit. To get permit one can apply to the excise department. The drinking licence is issued for a day, a year and lifetime. The Bombay Prohibition Act, 1949 deals with sale, possession and drinking age. The person who is 25 years old and has permit can legally drink liquor in private space, bars, permit room, in pubs etc. To drink beer the age is 21 years.  Drink in public space is not allowed. The person who is drunk and driving c

Maratha Reservation Case

Maharashtra had passed a law creating a special category of Socially and Economically Backward Class (SEBC) on November 30, 2018, to accommodate a 16 per cent quota in government jobs and educational institutions for the Marathas, a highly influential and socially and politically dominant community that was classified as a ‘forward caste’ by two state-level commissions, the Bapat Commission and the Saraf Commission, in the late 1990s. The Bombay High Court still approved the law, but cut the quota to 13 and 12 per cent, respectively, in June 2019. But the new law came months after the Centre had, through an amendment to the Constitution on August 11, 2018 (widely known as the 102nd amendment), empowered the President to identify the SEBC in the states. On May 5, a five-member constitution bench of the Supreme Court referred to said amendment while striking down the HC ruling on Maratha reservation and discarding the Maharashtra SEBC Act, 2018. The SC made it clear that the states can a