Vishnu Karle

 

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 case...

  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 ...

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...

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Nature has divided human race between men and women, but their status and role in society are determined by our culture. No culture or society treats it's women as like men. In patriarchal societies women have always experienced injustice, tyranny and inequality. According to the United Nations Declaration on Human Rights, all the persons irrespective of their gender, sex, religion, ethnicity, caste they have been given equal rights and freedom. All humans are born free. No man is superior or inferior towards one another.  In patriarchal societies, women's role is limited to the household work. There are not allowed to study more and go to work. They do not have rights to marry and divorce as per their wish. Their role is just to get married, have children, and take care of the family. Even today some Indian men don't want to marry very educated and working women. Till early 2005 Hindu women had no equal rights in the ancestral property of the parents.  According to the Art...

Article 226 of the Constitution is more powerful than article 32.  Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose. The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. This implies that the writ jurisdiction of the high court is wider than that of the SC. This is because the SC can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.