Radha Binod Pal
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Radha Binod Pal
Radhabinod Pal (27 January 1886 – 10 January 1967) was an Indian jurist who was a member of the United Nations' International Law Commission from 1952 to 1966. He was one of three Asian judges appointed to the International Military Tribunal for the Far East, the "Tokyo Trials" of Japanese war crimes committed during the Second World War. Among all the judges of the tribunal, he was the only one who submitted a judgment which insisted all defendants were not guilty. The Yasukuni Shrine and the Kyoto Ryozen Gokoku Shrine have monuments specially dedicated to Pal. Career Radhabinod Pal was born in 1886 in the village of Salimpur, Kushtia District in Bengal Presidency, British India (present-day Bangladesh). He passed the Entrance Examination in 1903, and F.A Examination in 1905 from Rajshahi College with distinctions. Radhabinod Pal took his BA Honors (1907) and MA (1908) in Mathematics from the Presidency College, Calcutta. Pal worked as a clerk at the Allahabad Accountant Gen ...
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Kushtia District
Kushtia District ( bn, কুষ্টিয়া জেলা, pronunciation: ''kuʃʈia'') is a district in the Khulna administrative division of western Bangladesh. Kushtia is the second largest municipality in Bangladesh and the eleventh largest city in the country. Kushtia has existed as a separate district since the partition of India. Prior to that, Kushtia was a part of Nadia district. Kushtia is the birthplace of many historical figures including Mir Mosharraf Hossain (1847–1912), Bagha Jatin (1879–1915) and Lalon (1774–1890). Nobel laureate poet Rabindranath Tagore lived his early life at Shelaidaha. History In 1860, the Indigo revolt spread throughout the Bengal province. Shalghar Madhua in Kushtia district was one of the forerunners in this movement. It inspired all indigo farmers in Kushtia to refrain from paying government taxes. Subsequently, with the publication of the Indigo Commission Report, an act was passed prohibiting coercion of cultivators for ind ...
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Kyoto Ryozen Gokoku Shrine
The is a Shinto Shrine located in Kyoto, Japan. It honors the heroes of Japan, especially from the period of the Bakumatsu period and the Meiji Restoration, most famously Sakamoto Ryōma and his associate Nakaoka Shintarō, who are buried side by side in the shrine. Within the shrine is a monument in memory of the Bengali jurist Radhabinod Pal. The Ryozen Museum of History is next to this shrine. History In 1862, a funeral was held by volunteers at the Shinto burial site Reimeisha in the red seal land (朱印地) of the Shohoji (正法寺) temple of the :de:Ji-shu Ryozan school. There were 3 festival gods Kukurihime, Hayatama-no-Okami, and Susano Otomo.Since it was a red seal land (朱印地), it could not be purchased, and it was a "permanent contractor". On June 29, 1868, in order to worship the spirits of the Shishi (tenchu-gumi in order to enshrine a holy spirit etc) who fell from Emperor Meiji on the verge of the Meiji Restoration, a sacred area of a sacred mountain i ...
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Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from the case, the court may be stuck with a tie, in which case the ...
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Dissenting Opinion
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise holding of the majority opi ...
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Nuremberg Trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II. Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting 27 million deaths in the Soviet Union alone. Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the Soviet Union) to summary executions (the United Kingdom). In mid-1945, France, the Soviet Union, the United Kingdom, and the United States agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal instrument. Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as six German organizations. The purpose of the trial was not just to convict the defendants but also to as ...
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Crimes Against Humanity
Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of war, and apply to widespread practices rather than acts committed by individuals. Although crimes against humanity apply to acts committed by or on behalf of authorities, they need not be official policy, and require only tolerance rather than explicit approval. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in international law, following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against hu ...
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Crimes Against Peace
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. Aggression is generally a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, rather than those who carry it out. The philosophical basis for the wrongness of aggression is found in just war theory, in which waging a war without a just cause for self-defense is unjust. In the wake of the German invasion of the Soviet Union during World War II, Soviet jurist Aron Trainin made the first successful proposal to criminalize aggression. The Charter of the International Mi ...
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Nulla Poena Sine Lege
''Nulla poena sine lege'' (Latin for "no penalty without law", Anglicized pronunciation: ) is a legal principle which states that one cannot be punished for doing something that is not prohibited by law. This principle is accepted and codified in modern democratic states as a basic requirement of the rule of law. It has been described as "one of the most 'widely held value-judgement in the entire history of human thought. Requirements In modern European criminal law, e.g. of the Constitutional Court of Germany, the principle of ''nulla poena sine lege'' has been found to consist of four separate requirements: ;''Nulla poena sine lege praevia'': There is to be no penalty without ''previous'' law. This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. ;''Nulla poena sine lege scripta'': There ...
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Calcutta High Court
The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court building's design is based on the Cloth Hall, Ypres, in Belgium. It is the oldest high court in India. Currently, the court has a sanctioned judge strength of 72. History The Calcutta High Court is one of the three High Courts in India established at the Presidency Towns by Letters patent granted by Queen Victoria, bearing date 26 June 1862, and is the oldest High Court in India. It was established as the High Court of Judicature at Fort William on 1 July 1862 under the High Courts Act, 1861, which was preceded by the Supreme Court of Judicature at Fort William. The building structure was designed by Walter Long Bozzi Granville. Despite the name of the city having officially changed from Calcutta to Kolkata in 2001, the Court, as an ins ...
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Department Of Law, University Of Calcutta
The Department of Law, University of Calcutta, Kolkata, West Bengal, formerly University College of Law, is a Faculty (division), faculty in the University of Calcutta, founded in 1909, colloquially referred to as Hazra Law College, which offers undergraduate, postgraduate, doctorate and post doctorate courses. The Faculty oversees fifteen affiliated Law schools of the University. History The college was established by the then Vice Chancellor of University of Calcutta Ashutosh Mukherjee in 1909. Prior to 1983, the Department of Law was known as the University College of Law. Sir Asutosh wanted it to be a model center of legal education. In a meeting held on 4 July 1908, the Senate recommended the proposal to establish University Law College in Kolkata. Sir Surendranath Banerjee was also present at the meeting, which was presided by Andrew Henderson Leith Fraser, the Rector (academia), Rector of the University. The resolution was passed that a college is to be established for ...
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