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Equality Before Law

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                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...

Benami Transaction In India

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Benami Transaction In India 1. Prohibition of benami transaction. The Benami Transaction (Prohibition) Act, 1998 speaks loud and clear ''no person shall enter into any benami transaction."                              Nothing in the section 3(1) shall to the purchase of property by any person in the name of wife unmarried daughter and it shall be presumed , unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter. Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or fine or both and it is an offence which shall be non-cognizable and bailable. Though the question  whether a particular sale is benami of not, is largely one of the fact, and determining this question, no absolute formulae or acid test, uniformly applicable in all situations, the ...

Rights of a Arrested Person in India

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One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...