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Biography – Thurgood Marshall: Justice for All

admin — Mon, 30 Aug 2010 17:05:07 +0000

Description
As a civil rights lawyer in the ’40s and ’50s, he turned the floor of the Supreme Court into his personal battleground. As a member of the court, he presided over some of the most influential decisions in American history. Thurgood Marshall grew up with a strong sense of justice and the courage to fight for his convictions. While a mid-century black lawyer, he traveled the South as a lonely warrior in the battle to end discrimination, the embodiment of hope for black Ameri… More >>

Biography – Thurgood Marshall: Justice for All

Point Arena City Hall ~ Arena Justice Court

admin — Thu, 26 Aug 2010 14:40:12 +0000

Image taken on 2009-03-24 12:49:42 by MikeJamieson(1950).

Youth Justice and the Youth Court by Mike Watkins and Diane Johnson

admin — Sun, 22 Aug 2010 11:04:53 +0000

BOOK REVIEW YOUTH JUSTICE AND THE YOUTH COURT By Mike Watkins and Diane Johnson ISBN: 978-1-904380-53-5 Waterside Press www.WatersidePress.co.uk YOUTH LAW EXPLAINED AND REVIEWED An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers This is very much a hands-on book written by Mike Watkins and Diane Johnson from Waterside Press, with a foreword from Chris Stanley. The trio have considerable experience of the workings of this first rung criminal court which handles well in excess of 95% of youth offending with a team of mainly legally unqualified justices who give of their time to serve their local communities. Members of The Bench remain the unsung heroes of civic life, especially in this jurisdiction. Whether you read the book cover to cover, or selectively as a reference to specific areas, you will find your understanding of the youth justice system in England and Wales immeasurably enhanced. Examining in depth the roles of the youth court, police, Crown prosecutors, youth offending teams (YOTs) and youth offending panels (YOPs), this extremely useful work deals with the full spectrum of youth justice processes and issues, beginning with Chris Stanleys foreword which contains a brief yet fascinating history of youth justice. For example, did you know that the youth court is 100 years old? It was established by the Children Act 1908 and implemented in April 1909. The Act represented a reform and reflected an evolving change in public …

The Tribunalization of Justice: the Constitutional Validity of the National Tax Tribunal

admin — Wed, 18 Aug 2010 08:03:59 +0000

Introduction:

The adoption of the Forty-Second Amendment of the Constitution of India in 1976, courts became key dramatis personae in the justice system. In order to achieve the objectives of the amendment, which was to ensure quick disposal of cases, a number of courts have been created. These include the administrative courts, controls the courts and tribunals also rent tax. The establishment and functioning of these courts were controversial and intense debate. The Constitution of the National Tax Tribunal, through the adoption of the Law of National Tax Tribunal, 2005 pursuant to Article 323-B (1) (a). The law provides a mechanism for review by the National Tax Tribunal of disputes relating to the levy, assessment, collection and application of direct taxes and also provide for the adjudication by that Tribunal of disputes relating to the determination of rates of customs duties and excise on goods and valuation of goods for their evaluation and for the deduction of service tax. The law aims to raise issues of great constitutional importance of the validity of the transfer of powers and functions of the Tribunal, the exercise of those powers and functions, and the concept of judicial review under the Constitution.

The Edict of machinery from Indian courts

The concept and the establishment and functioning of the tribunals established under the Administrative Tribunals Act. The exclusive jurisdiction so far have the advantage of the courts in relation to services and distinguish the superior courts were developed in part to stop the Supreme Court of India in the sentence that you feel ‘L. Chandra Kumar vs. Union of India and others. The Supreme Court diversified and redistributed to the jurisdiction of the issues of services, etc. among these courts for what purpose have been established and the higher courts as to the spirit of the constitutional mandate established by the framers of the Constitution, in accordance

According to the ‘theory of basic structure “and the provisions of Article 226 227, 32 and Articles 323 A and 323 B of the Constitution of India.

The outstanding feature of our constitutional system that every time new laws or decrees are passed, or by Parliament or legislative assemblies, generally that, being tested in the courts, both in its validity as a whole or any provisions of these acts if they offend the provisions of the Constitution, any public policy or to establish legal principles. Therefore, no exception is shown in the ‘Administrative Tribunals Act, 1985, issued under Article 323-A of the Constitution of India. Following the establishment of courts of services in the country under the Administrative Tribunals Act, 1985, a series of disputes had broken out in the High Court and also in several States Supreme Court, questioning the validity of certain provisions Law and ultra vires of Article 323-A and 323-B. First, the “Punta Court by Judge Constitution Bench Five, headed by the then Honorable Chief Justice, Justice PN Bhagwati, has examined the constitutional validity of Article 323-A and its provisions on SP Sampath Kumar v. Union of India and the bank others3 said while upholding the validity of Article 323-A, said the service courts established under Article 323-A are substitutes for the higher courts and the exclusion of the jurisdiction of High Courts is legal. Subsequently, a constitution bench of seven judges of the Supreme Court “L. Chandra Kumar case” in relations with the judiciary conferred by the Supreme Court and High Courts of Articles 32 and 226 227 respectively, vis-á -vis Article 323-A and B-323 not only deviated from the previous discussion of the Supreme Court ‘S. P. Sampath Kumar case, ‘but also stated that the courts are complementary in their role and power of “judicial” attributed to higher courts and the Supreme Court under Articles 226, 227 and 32 is an inviolable basic structure of the Constitution and hit Clause 2 (d) of Article 323-A and Clause 3 (d) of Article 323-B of the Constitution of India as far as it excludes the jurisdiction of the courts and the Supreme Court in Articles 226 high / 227 and 32 as unconstitutional and section 28 of

‘Administrative Tribunals Act, 1985′, which excludes the jurisdiction of the Superior Court. The Supreme Court in the previous case also stated that: “The courts established under article 323-323-A and B of the Constitution have a responsibility to ensure the constitutional validity of laws and rules. All decisions of these courts, however, be examined before a “Bench Division ‘of the Court in whose jurisdiction of the Court in question belongs. The court, however, continue to operate as a court of first instance in relation to areas of law for which they were created. Therefore, it is open or litigants to directly address the high court, even in cases where the question of the vires of the law (unless the legislation creating the special court is being challenged) by overlooking the jurisdiction of court concerned. “In the same case, when an argument has been advanced for the Superintendence of the Courts of the High Courts, the Supreme Court categorically held as follows:” Thus, we suggest that the courts are subject to the jurisdiction of surveillance “Territorial the Supreme Court, in which they depend. There are, however, believes that this can not be the best way to solve the problem. do not believe that our constitutional system requires that all organizations have to decide within the territorial jurisdiction of the courts higher should be the responsibility of supervision. If the idea is clear from the High Courts of their heavy loads, then add to their oversight functions in any way be useful to them. “Therefore, in view of the duty imposed by the Supreme Court in the ‘Chandra Kumar case’ (emphasis on the furniture), this Court is working as a “court of first instance that” like any other court in the country referred to in Article 323-A of the Constitution India. It should also be noted that “judicial review” upheld by the Supreme Court in ‘Chandra Kumar case can not be treated / treated as a “resource” as the constitutional exercise as a “judicial” shows a strong increase Basic Structure Theory “of the courts of law with Articles 226 and 227 of the Constitution of India.

Provisions for appeal under the decrees of direct and indirect taxation

About the National Tax Tribunal, under the “evidence of direct and indirect resources on the substantive issues of law judicial decisions and the Court of Appeals for the income tax and customs, excise and Service Tax Tribunal d ‘appeal to the High Court.

The Court of Appeals Income Tax under Article 252 of the Law on Income Tax of 1961, an appellate court known as the Income Tax Appellate Tribunal was created, composed of members of the judiciary, as well as members of Contador. This court hears appeals against orders passed by the Appellate Deputy Commissioner or the Commissioner of Appeals, as specified in section 253 of the law on matters of law and questions of fact. Under the regime of direct taxation, the Income Tax Appellate Tribunal is the final authority on determining questions of fact. Under Article 260 of the said law is an appeal to the High Court of each order adopted by the Court of Appeals for the income tax if the High Court considers that the case involves a substantial question of law. However, there is also a provision for filing of appeals before the Supreme Court from any decision of the Supreme Court, as specified in Article 261, unless the Supreme Court certifies that the case is able to appeal to the Court Supreme. If the High Court refused the certificate, the aggrieved party has the opportunity to invoke the extraordinary jurisdiction of the Supreme Court through a special leave petition under Article 136 of the Constitution of India. Income Tax Appellate Tribunal, the Supreme Court and High Courts have been given similar powers of a court of appeal in disputes relating to wealth tax under the tax law on capital, 1957. The Customs, Excise and Service Tax Appellate Tribunal under Article 129 of the Customs Act 1962, Customs, Excise and Service Tax Appellate Tribunal (CESTAT) was established, consisting of the judiciary and technical members. The Court hears appeals against orders of the powers under section 129A of the Customs Act. It also considers appeals against orders of the rights powers as specified in Section 35 B of the Central Excise Act 1944. Previously, a reference resource used to lie about issues of law. The appeal before the Supreme Court in a matter of substance of the law against an order made by the Customs, Excise and Service Tax Appellate Tribunal under section 130 of the Customs Act, replaced by the project Finance Act 2003. A similar provision was incorporated on appeals to higher courts under the Central Excise Act 1944. The court also has appellate jurisdiction in anti-dumping and special court presided by the President of the court of appeals against decisions adopted by the authority designated by the Ministry of Commerce. The resources related to tax services are also heard by the court. This court is the court of appeal in respect of the classification and evaluation, resources are at the Supreme Court on the matter.

The need to establish National Tax Tribunal in India

The need for uniformity and safety in the administration of tax laws (both direct and indirect tax laws), the resources or references to the orders of the Court of Appeals on income and Customs, Excise and Service Tax Tribunal Appeals Courts High These courts have invaded these cases take time to dispose of them. Due to the large workload of higher courts, there is a huge backlog of cases in the tax as a result of which hang enormous controversy than revenue. This is detrimental to the national economy. Therefore, the necessary urgent measures be taken to accelerate the current fiscal year

to a higher court. Also noted that currently there are 21 high courts. Many times, the high court decisions vary from one another, creating uncertainty, delays and problems in the treatment of tax issues. Conflicting decisions among the various High Courts

the same point of law has the effect of uniform distortion and leads to unnecessary appeals to the Supreme Court resulting in further delays.

National Tax Tribunal to help eliminate delays and mitigate the burden is on the threshold of the higher courts. The formation of national tax tribunal would relieve taxpayers the burden of tax disputes continue over a long period and significantly reduce the workload of the various superior courts could not concentrate and devote as much focus on the complex tax laws that demand.

Judicial sovereignty and the National Tax Tribunal

In the judgments of the Court in Landmark L Chandra Kumar Sampath Kumar and even if the courts should play a complementary role, since the powers at their disposal, including the power to kill the legislation as a ground for invalidating the Constitution NTT has been enjoy judicial sovereignty as understood in the context of Indian Constitution. Judicial sovereignty in India has always been a controversial issue. Judicial decisions and doctrine about it, emphasize the different stages that must be evaluated independent judiciary. Sovereignty include judicial independence of the judiciary from other branches of the collective state and the independence of individual judges. The first aspect concerns the appointment, transfer, etc, while the second relates to matters relating to security of tenure, wages and allowances, etc. We take these issues in relation to national taxation Court. The members and the chairman of the National Tax Tribunal shall be appointed by the central government in accordance with the recommendation of a selection committee composed of the Chief Justice of India or his nominee. Although the other two committee members are not the judiciary, stated that this is sufficient safeguard against executive mandate. In terms of ratings also appear to be sufficient safeguards were provided. The law provides that all members, including the President sufficient legal training and experience to handle complex tax related issues, as well as related maters or vires Committee on legislation and administrative actions. More importantly, the method of removal of the member and the president has been sufficiently developed to minimize the interference of the executive. Article 11 provides that the removal and suspension can only be done in consultation with the Chief Justice and at the end of a formal investigation. The president also was given sufficient discretion to constitute the National Tax Tribunal banks. In terms of wages and other benefits, members and the president was the same status as that of the judges of the Tribunal. Also of importance is the fact that these courts were created with the contempt referred to in paragraph 12 of the NTTA, 2005, as well as certain powers of Civil Court granted it by Article 16. The law also protects the actions undertaken in good faith while performing duties of members, the President or another official, who also helps maintain judicial independence. Along has argued that the provisions effectively secure the enactment judicial sovereignty.

The differentiation of national taxes and higher courts in India,

There is a provision of law which can cause hardship for taxpayers. The law provides that an appeal to the NTT may be preferable if the applicant deposits of at least 25 percent of the taxes or duties paid on the basis of the contested order. NTT also has the right to waive this requirement. There is no such provision in cases that come before the

Superior Court. Another distinction is that no interim order can be transmitted NTT without hearing the other party. No court constituted under 323 or 323B of the Constitution can never

oust the jurisdiction of the Court under Articles 226/227 of the Constitution. The act of jurisdiction of the High Court will continue, despite the provision that the NTT will appeal to the Supreme Court. The NTT will therefore be a forum to work together more

Superior Court.

The government seems to be controversy pending before various high courts fiscal enormous. The truth seems to be that does not exceed the total of 30,000 outstanding cases, the maximum is around 10,000 in Mumbai and an equal number in Delhi. Probably the establishment of permanent fiscal banks in these two Justices solve the problem for the tickets. The NTT will not be governed by the Code of Civil Procedure, although the rules of natural justice apply.

Conclusion

There can be flaws in the government’s intention to reduce the number of cases, with the proposed National Tax Tribunal, but the way in which NTT is set to raise serious concern. In addition to creating structures for multiple simultaneous resolution of tax disputes, which lead, of course, to much confusion, NTT also faces challenges as uploaded to allow accounts to appear before it. The decree also seems fair in terms of ensuring the independence of the judiciary, but can not because the Constitution to deprive the act of jurisdiction of the superior courts in connection with the transfer of cases. This is a serious defect which must be corrected. Efficiency arguments for and against the court can be analyzed or in response to a systematic and scientific study going on about it. The Law Commission has come out with official statistics in this regard. More importantly, we must decide whether courts are the best way to achieve justice in relation to tax issues or simply creating tax tables exclusive to the higher courts would solve the problem. Vacancies in the higher courts do not regularly cover and there is no concerted effort nationwide to expedite the procedures of litigation provision. The government has not been able to develop realistic presentation of the statistics of the existing tribunals, or explain tribunalize tax administration to promote justice. At least in the future, such efforts to create an alternative forum and the replacement worked for the court must be supported by the methodical study, debate and more comprehensive planning to ensure they do not end up like the hands of unproductive spending Treasury.

Bibliography:

1) Durga Das Basu, Shorter Constitution of India-2001 thirteenth edition of Wadhwa Nagpur.

2) HM-Seervai Constitutional Law of India: a critical commentary act universal Publishers

3) Walter W. Brudno – Taxation in India, the Harvard Law School Program in International Taxation.

4) The Income Tax Act 2005 National Court – Government of India Bharatgazette.

5) The National Tax Tribunal (Amendment) Act 2007 – Act Manupatra naked.

Expediting the Indian Criminal Justice System

admin — Wed, 28 Jul 2010 17:22:11 +0000

Justice is required for every person on this earth. But as we all know that justice delayed is justice denied, so it is a concern that many people really do justice in time. Well, this is a very vague question because there is no specificity to it. However, establishing the basis of a very common problem that has plagued the Indian courts. Yes, the word “haunted” is actually the current scenario of Indian judicial system. The problem of the backlog of cases have been around the court in India for a long time and it is time to react to the situation and do something about it. Just talking about the criminal process requires much more than what is expected to take and what they actually take. So it is very necessary that some kind of system is seen to accelerate the process of experimentation and relieve the courts of the heavy portfolio of cases. Crimes happen almost every day and with a large population is quite clear that at least thousands of crimes are committed almost daily around the country. And while the level of literacy and awareness among people has increased their concerns relate to the courts is the only system of dispute resolution and the only place where you can expect justice. Therefore, it is even more evident that with such a sharing rate of criminal cases in the courts of the workforce available is very short of expectations. Apart from that there are more actions that are evidence to prefer to increase the number of cases in court. In such a scenario becomes a concern about controlling the problem. This solution or alternative through which this problem could be stopped and negotiations that are incorporated under the provisions of the Code of Criminal Procedure.

Plea bargain – An Insight

Well, the first question that comes to mind is that what is really a solution. Just talking plea bargaining refers to an agreement in a criminal case where the prosecutor offers the defendant the opportunity to defend his innocence. In other words this means that the option given to the accused of a crime to accept their guilt and avoid the test procedure should be initiated against the accused as in a standard test procedure. Now the question arises what is the advantage is always to accept the defendant is guilty and avoid a test procedure. Well, the answer to this is that in a case of plea bargaining defendant is usually charged at a lower cost than the initial charge and the penalty is lower, but it would have had if he had been responsible for the initial charge. It sometimes happens that the defendant, while sitting through a process has been convicted of a crime more serious and even some additional costs may be charged along with original sin. So with the help of the bargaining defendant can threaten to revive appropriate penalties. On the other hand is of great help to the victim and the victim to obtain justice quickly accepted by the defendant guilty. Apart from saving time to conduct legal proceedings and comply with the formalities of the court. Moreover, the court time is saved by establishing the guilt of the accused, the accused acknowledges his guilt. So a lot of money and court time is saved. Thus one can see that with the help of plea bargaining can really speed up criminal proceedings.

Negotiating history in India

The concept of bargaining, introduced in the Criminal Procedure Code, with the help of a Criminal Law (Amendment) Act 2005. This amendment bill was passed by Parliament in its winter session. Chapter XXI of the Code of Criminal Procedure contains the required provisions of the bargaining, which is enforceable in India. Sections 265-265, 265-265 ABC-D 265-E 265-E 265-F, 265-G 265-H, 265-265-IJ, 265 and 265 K–The Penal Procedure Code sets out requirements relating to Plea bargaining.

However, the above would be a mistake to say that the concept of bargaining, is of recent origin. Efforts to address the problem of the excessive burden of the criminal courts have been done earlier. 154 The Law Commission to reduce the delay in disposal of criminal cases, advanced the concept of bargaining, and also recommended the introduction of bargaining, as an alternative to cope with the heavy backlog of criminal cases. Following the recommendations of the Commission with the support of legal report Malimath Committee. In its report, the Malimath Committee recommended that a system of bargaining, will be introduced in the Indian criminal justice system to facilitate the removal of previous criminal cases and reduce the workload of the courts. To strengthen their case, the Malimath Committee also highlighted the success of the negotiation system in the United States. Accordingly, the draft Criminal Law (Amendment) Bill 2003 was introduced in Parliament. The statement of objects and reasons, inter alia, provides that the disposal of criminal cases in the courts are slow and in many cases the test can be started for 3-5 years after the time the defendant has been remitted to judicial custody. . although not recognized by the criminal law is considered as an alternative method to address the huge backlog of criminal cases. The bill attracted enormous public debate. Critics have said that is not recognized and public policy in our criminal justice system. The Supreme Court has also time and again attacked the concept of plea bargaining to say that negotiation is not admissible in criminal matters. More recently, in the state of Uttar Pradesh, V. Chandrika CR 2000. LJ 384 (386), Apex, the Court held that the law based on court plea bargaining can not solve criminal cases. The court must decide on the merits. If the accused admits his guilt, the decision of the case is sufficient for its implementation. The court also stated in that case, the simple acceptance or admission of guilt should not be cause for reduction of sentence. Neither the business accused the court in which he pleaded guilty the penalty is reduced. Despite this huge hue and mourn, the government has deemed acceptable and, finally, Article 265-A 265-L added to the Code of Criminal Procedure to establish greater bargaining in certain types of criminal cases. Commenting on this aspect, the Section of the Division of Gujarat High Court in the state of Gujarat V. Harchanji Natwar Thakore (2005) Cr LJ 2957 that the very purpose of law is to make justice easier, faster and cheaper to resolve disputes, including the trial of criminal cases and realistic, considering the current profile is pending and delay in the elimination of the ‘administration of law and justice, fundamental reforms are inevitable. There should be no static. Therefore, we can say that is really a measure and to mitigate it, and adds a new dimension in the field of judicial reform.

Plea bargaining – Relieve Indian court

Very clear in the debate on the main subject of negotiation is reason to reduce the risk of side orders on both sides. Besides this is also useful to clear pending cases in criminal courts. But it is also important to know that the plea agreement does not apply to all crimes. Y “applies only to crimes for which there is a penalty of up to seven years. In addition, the supply of solution does not apply to cases where the crime was committed is a crime, socio-economic or otherwise, if the offense is committed against a woman or a child under 14 years.

The concept of bargaining, is very strong. Y ‘benefits both the victim and the accused, at the same time and, finally, and most important benefit of the court. There are two types of bargaining, to assist the accused in the confession of his guilt. One is full of business and the other is the Trial Offers. In the case of a business charge allows the prosecution of the accused to plead guilty to a misdemeanor charge or just some of the charges framed against him. This helps reduce the burden on the defendant to a greater extent that the defendant has a wide range of options for framing the accused of the crime. After negotiating practice helps the defendant to negotiate with prosecutors and to reduce the number of charges that prosecutors could be framed against him. If the defendant has raised the sentence against harsher punishment and higher if the accused confesses his crime or pleads guilty. In this case, the defendant is told in advance what his sentence would be if convicted. So with most of these options for the negotiation of the status of the cases could be resolved, are rotting in the criminal courts and waiting their turn to be eliminated in this regard.

Deficiencies Plea bargaining

Although negotiation is a very positive concept and welcome legislation to reduce the backlog of criminal courts in India, also has some shortcomings. There are some flaws inherent in this legislation, which may be called as the disadvantages of negotiation skills. The first demerit is its inapplicability of the decision of all causes. As mentioned above, is not applicable when the crime relates to socio-economic crimes and crimes against women and children under 14 years. Then, the accused may make use of these gaps and may alter the entire liquidation proceedings. Apart from that another disadvantage of the negotiations is the involvement of judges in the process of liquidation. If the judge is involved in the negotiation process of the impartiality of the court becomes questionable. Also the participation of victims in this process may invite corruption. There is a scope of how the corruption in this regard. However, the main drawback of the primary process of negotiation is the rejection of the request to plead guilty. In cases where the accused has confessed his crime and then the application of the accused is dismissed then become very difficult for the accused to prove his innocence when the trial proceedings would be normal for him accordingly.

Conclusion

While there are some inherent problems and disadvantages associated with the provision of the solution, remains a powerful weapon to combat the problem of heavy backlog of criminal cases in Indian courts. It is very necessary that the deficiencies of the negotiation process occurs even if the debt and resolve accordingly. More important in case of rejection of application memory of the defendants guilty, the refusal should be kept confidential to avoid any damage to the defendants. Apart from that it is unacceptable that the concept of bargaining, will strengthen the public’s faith in the criminal justice system and help the courts in India to combat the problem of the number of cases.

2003-04 Topps Justice of The Court JC7 Kevin Garnett Minnesota Timberwolves

admin — Sat, 24 Jul 2010 14:09:09 +0000

One Single NBA Basketball Card Shipped in a Protective Sleeve
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2003-04 Topps Justice of The Court JC7 Kevin Garnett Minnesota Timberwolves(Basketball Cards)… More >>

2003-04 Topps Justice of The Court JC7 Kevin Garnett Minnesota Timberwolves

How does one become a supreme court Justice?

admin — Tue, 20 Jul 2010 11:07:51 +0000

How to become a Supreme Court justice?

Justice

admin — Fri, 16 Jul 2010 08:00:41 +0000

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The scene is the managing clerk’s room, at the offices of James and Walter How, on a July morning. The room is old fashioned, furnished with well-worn mahogany and leather, and lined with tin boxes and estate plans. … More >>

Justice

Video 6 (from youth at the TO Justice Court)

admin — Mon, 12 Jul 2010 05:06:02 +0000

Video submission #6 to befreepima.com video contest. Topic: 837-SAFE …