...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature excepting...
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...Violation of Constitutional Rights? Abstract The paper explores the United States Government’s efforts to put in place laws that guide the ethical behavior of its civil service employees. From the founding of the nation, ensuring ethical behavior by government employees has been a recurring theme, and legislation, laws, and executive orders have been implemented at each stage of our government’s growth to guide federal employees in the ethical administration of their duties. However, at what point do the laws become too restrictive on the very citizens who have sworn to uphold our nation’s democratic values? A history of legislation, laws and executive orders is given along with the eventual backlash of court cases and demands for reform based on constitutional rights. For purposed of brevity, this analysis will focus on federal employees. Are Ethics Laws in the Federal Government a Violation of Constitutional Rights? Over two hundred years ago, with regard to ethics in the federal government, Thomas Jefferson wrote the following words “The right of any officer to give his vote at elections as a qualified citizen is not meant to be restrained, nor, however given, shall it have any effect to his prejudice; but it is expected that he will not attempt to influence the votes of others, nor take any part in the business of electioneering, that being deemed inconsistent with the spirit of the Constitution and his duties to it.”1 (CSC v. Letter Carriers, 1973, para...
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...1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… Home | Databases | WorldLII | Search | Feedback Court of First Instance You are here: HKLII >> Databases >> Court of First Instance >> 2014 >> [2014] HKCFI 1891 Database Search | Name Search | Recent Decisions | Noteup | LawCite | MS Word Format | Context | No Context | Help CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET [2014] HKCFI 1891; HCA 2086/2014 (20 October 2014) HCA 2086/2014 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO 2086 OF 2014 _______________ BETWEEN CHIU LUEN PUBLIC LIGHT BUS COMPANY LIMITED (潮聯公共小型巴士有限公司) and PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR http://www.hklii.hk/cgibin/sinodisp/eng/hk/cases/hkcfi/2014/1891.html?stem=&synonyms=&query=taxi%20drivers%20occupy Plaintiff Defendant 1/10 1/29/2015 CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, TH… REPASSING OF ARGYLE STREET...
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...The African American Civil Rights Movement was a monumental human rights campaign that sought to secure black Americans’ rights as citizens and end racial segregation and discrimination. There is debate among scholars over the time frame of the movement; the popular belief is the “Montgomery to Memphis” period of Martin Luther King Jr., but some historians have traced the movement past the Brown v. Board of Education of Topeka Supreme Court case, and into the Great Depression Era (Fairclough 387). The movement was generally successful in achieving its goals of legal recognition, as evident in the passage of the landmark Civil Rights Act of 1964 and the Voting Rights Act of 1965, but racism and inequality remains persistent in today’s society....
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...Symbiosis International Deemed University) Accredited by NAAC( UGC) with grade ‘A’ Post graduate department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...Brown v. Board of Education Case In 1619, the African slave trade extended to the Northern American Colony of Jamestown, Virginia. The White Americans forced these enslaved African Americans to do impenetrable labor, such as, pick cotton, harvest tobacco, and build railroads in harsh milieu. In addition to the slaves being subjected to these horrible working conditions, the slave masters often tortured and raped young colored women. It wasn’t until December 6, 1865 that the 13th amendment abolished slavery in the United States. The 13th amendment states that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction”(13th Amendment to the U.S. Constitution: Abolition of Slavery (1865)). Although this amendment abolished slavery, segregation was still a major problem in America. On May 17th, 1954, the Supreme Court handed down its ruling in the Brown v. Board of Education case. The Brown v. Board of Education case of Topeka, Kansas influenced the path of...
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...Judicial Review in respect of the decision of the President of Zambia to appoint a Tribunal to investigate the Applicants and to suspend the applicants. An Ex-part order was granted by Hon. Mrs Justice F. Chisanga to the applicants for leave to apply for judicial review. The leave granted to the applicants operated as a stay of the decision of the President. Therefore judicial review is a High Court procedure for challenging administrative actions. Delegated legislation may also be challenged. It allows individuals, businesses or groups to challenge in court the lawfulness of decisions taken by Ministers, Government Departments and other public bodies. These bodies include local authorities, the immigration authorities, and regulatory bodies and some tribunals. In the case of R v HM the QUEEN in Council, ex parte Vijayatunga[2], Mr Justice Simon Brown ( now Lord Brown of Eaton Under Heywood) observed that “judicial review is the exercise of the court’s inherent power at common law to determine whether action is lawful or not; in a word to uphold the rule of law”.[3] Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the...
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...Consti 1 Tañada v Tuvera, 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24, 1985 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473,...
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...Brown v. Board of Education Brown v. Board of education case took place in 1954. It is one of the most important cases in the American history of racial prejudice. The U.S. Supreme Court recognized separate schools for blacks and whites unconstitutional. This decision became an important event of struggle against racial segregation in the United States. The Brown case proved that there is no way a separation on the base of race to be in a democratic society. Brown v. Board of education is not a case just about education and children, it is a case of everybody being equal. Brown v. Board of Education was a beginning for American people to understand that separate but equal is not the same. The Brown case revealed this. It was the reason why blacks and whites do not have separate accomodations any more. Separate and equal does not exist any more, Brown v. Board of eduacation made everyone equal. The first case in which African American challenged the doctrine of separate but equal in the United States public education system was in Boston Massachusetts in 1849. Prior to Brown v. Board (1954), from 1881 to 1949 there were eleven cases initiated to try an integrate schools in Kansas. The schools that the African American children attended were not equal to their white counterparts. Most of the time the African American students had to travel farther than white students to get to their schools. The schools for African Americans were run down with-of-date...
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...In 1954, the Supreme Court of the United States of America pulled down its decision in the revolutionary case of Brown v. Board of Education of Topeka. The Court’s verdict changed provisions which permitted for distinct but equal communal amenities like public schools. Brown v. Board declared that the existence of separate facilities like schools was intrinsically unequal. This decision offered inspiration to the movement of American civil rights. The arbitrary decision brought down the public tolerance of racism. The decision engrossed on the country’s courtesy on black suppression in a way not seen because the Republicans were trying to rebuild the South after a Civil War. Brown succeeded in emphasizing the country’s ethnic caste scheme which gave inspiration to a movement of liberty rides to reunite federal transportation,...
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...Department of Labor include outreach campaigns, targeted recruitment, employee and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles. 5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no: 5.4.1. Territorial jurisdiction; 5.4.2. Pecuniary jurisdiction; 5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35 CHAPTER-1 INTRODUCTION The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same coin an they cannot be dissociated from each other. Accordingly, a litigant having a grievance of a civil nature has a right to institute a civil suit in a competent civil court unless its cognizance is either expressly or impliedly barred by any statute. A suit for its maintainability requires no authority of law and it is enough that no statute is bars it. 1.1. Jurisdiction: Meaning...
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...Writ of Habeas Corpus: A Right or Not? Shelly Shelton POL 201 American National Government Instructor: Amy Lyons August 4, 2014 The words war, terrorism, and death strike fear, anger, and pain in to the hearts of many. We want to retaliate against those who have caused us to feel this way. To somehow make them pay for the wrongs they have committed against us. In order to do this we kill, capture and or detain them. This is a fact of war, even an undeclared one. When these persons are taken prisoner do they lose their right to fair treatment, trial by constitutional standards and civilized means of interrogation? To answer these questions and others let us look at our history as well as review how our courts have viewed cases and situations that have arisen from actual war and the war on terrorism. Looking at the history of the United States it can be seen that the framers of the Constitution took civil liberties and civil rights into consideration when writing the Constitution and the Bill of Rights. Article I Section 9 of the Constitution states “The Privilege of the Writ of Habeas Corpus shall not suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This writ is issued to determine if a person has been afforded due process of the law and to prevent unlawful imprisonment. It literally means “you should have the body.” (Unknown, 2013). The writ has been mentioned as early as the fourteenth century in England. The English people lived...
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...1960’s America for African Americans: The Civil Rights Movement For African American’s life in the 1960’s proved itself to be a challenge amongst many other things. These challenges are what prompted the Civil Rights Movement, which actually began in 1954 and lasted until 1968. Because African Americans or Blacks, in the United States had virtually no equality or constitutional rights they began a nonviolent freedom movement in order to gain some quantity of value. Throughout the years of this movement, Blacks in America went through both wins and losses against the states in the South and the United States Supreme Court. Within the fourteen years of the movement many events created a lasting impact on life for African Americans in America. In the following paragraphs the details of these events will be discussed. Beginning the Civil Rights Movement were a number of court cases that created more opportunity for African Americans. Bolling v. Sharpe in 1954 was an important case in providing equal education rights for white and black students. Similar to it was one of the most monumental cases or more landmarked case, the Brown v. Board of Education of Topeka that was decided on within the same year. This case paved a way for African American student acceptance into all white schools that permitted segregation, overturning the court case Plessy v. Ferguson with the idea of “separate but equal”. The first states to follow through with desegregating education were the District...
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...Throughout United States history, the United States Supreme Court has decided major cases related to the civil liberties of African Americans. In 1857, the Supreme Court case Dred Scott v. Sanford raised the questions, “Is a slave a citizen?”, “Can a slave sue in court?”, “Is a slave free if transported to a free territory?”. The Supreme Court ruled no to all of these questions. In 1896, the Supreme Court case Plessy v. Ferguson ruled “separate but equal” is constitutional. These decisions have had a significant impact on the nation. The years leading up to the Dred Scott v. Sanford case consisted of tensions over the issue of slavery and slave rights. There are many compromises and documents established that helped to prevent the extension of slavery. The Northwest Ordinance of 1787 was one of the first of many documents that banned slavery in the territories. It was established to allow for the administering of new territories and forbade the expansion of slavery into...
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