CHAPTER – IV THE CONTEMPT OF COURTS ACT‚ 1971: A CRITIQUE 1.1 INTRODUCTION After discussing concept‚ historical background and constitutional aspect in the proceeding chapters‚ an attempt has been made in this chapter to discuss in detail the provisions of the Contempt of Courts Act‚ 1971. Rule of Law is the basic principle of governance of any civilized and democratic society. The principle asserts supremacy of law bringing under its purview everyone‚ individuals and institutions at par
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was developed in Salomon v. Salomon & Co Ltd [1897] AC 22. Even though this doctrine is the stone head of the English company common law‚ the courts introduced several exceptions which undermined the ’veil of incorporation ’. The exceptions were firstly introduced in the mid-60s by Lord Denning in Littlewoods Mail Order Stores Ltd. V IRC [1969]‚ and allowed the court to lift the veil and hold the shareholders liable for the company ’s actions. The main reason for the courts to lift the veil is where
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the creation of international organizations known as the International Criminal Court (ICC). Its purpose would be to capture criminals who had committed crimes against humanity and try them when their home nations refused to do so. Although there have been such courts in the past‚ the ICC would be the first of its kind to be a permanent international court. However‚ as all international organizations are‚ the courts are laden with internal disputes and disorganization from the sheer amount of people
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In general‚ the Supreme Court does govern well on issues related to abortion‚ school desegregation‚ and gay rights. Moreover‚ the court governs well because the courts decisions are based on the rule of law. “The Supreme Court may not speak directly for the people‚ however‚ its opinions speak to the people‚ and the methods used by the justices to express those opinions have revealed changes in the conception of the Court’s voice throughout history” (Bozzo‚ Shimmy‚ & April). Lastly‚ “The voice of
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Abstract More and more we are seeing cases in the news that people are being exonerated after being falsely accused of a crime. Unfortunately‚ most of the cases involve DNA or other evidence finally being reviewed years after a conviction. There are now hundreds of inmates on death row who claim DNA tests or review of evidence would show they were not guilty of the crimes for which they were convicted. Logic suggests that untold numbers of additional innocent people have been punished for crimes
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Bragdon v. Abbott Lisa Moulder Western International University HRM 430 4092 – Employment Law February 15‚ 2012 Professor Sandy White Abstract Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990? In the case of Bragdon v. Abbott‚ Ms. Abbott disclosed her HIV status to her dentist. Dr. Bragdon offered to treat Ms. Abbott at a local hospital. Dr. Bragdon
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The Constitutional Regulation of Capital Punishment Since Furman v. Georgia Background: The main argument in this article is that the Supreme Court has failed in their duties to regulate the death penalty. This purported failure is attributed to the Supreme Court not following their own terms and their high-profile involvement in overseeing state and federal death penalty practices (Steiker & Steiker‚ 1998). The authors argue that the Court’s high profile involvement is in fact creating a “False
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Plessy v. Ferguson In 1896 the Louisiana Supreme Court was challenged with a case that had the potential to tear apart racial segregation in our country. The central question that revolved around this court case was whether or not segregation amongst whites and blacks was still equal. The decision made by the court prolonged unnecessary social/racial inequality‚ oppression‚ hate‚ and violence in our country. The court’s ruling had immutable repercussions that greatly scarred our nation’s history
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patient dies. Since most of the time it is hard to clearly determine whether the outcome was solely a result of the course of treatment chosen by the doctor or whether other factors played a role too‚ quite often patients take their grievances to court to seek justice. What makes these kind of cases complicated is the “What would have been if…?” scenarios where one can only guess what the outcome of the treatment would have been had a different course of treatment been chosen because the proximate
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Plyler v Doe When state and local governments try to pass restrictions for education based on legality of the student they are‚ for the most part‚ brought to a halt by the court system. The courts cite Plyler v Doe‚ but why? What does Plyler v Doe do for undocumented students? Before 1982‚ the year when Plyler v Doe was put into action‚ some Texas local governments were denying funding for undocumented students and charging them a tuition fee of $1‚000.00 per year. The original policy stated
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