Continuing Mandamus
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Continuing Mandamus
Continuing mandamus or structural interdict or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public interest, as and when a need arises over the duration a case lies with the court, with the court choosing not to dispose the case off in finality. This happens in a situation which cannot be remedied instantaneously but requires a solution over a long time, at times going on for years. With this procedural innovation of the writ of mandamus or a mandatory order, the court monitors compliance of its orders, seeking periodic reports from authorities on the progress in implementing them. It may enlist senior advocates to assist it as ''amicus curiae'' in court, or as court commissioners in the field, and subject experts or expert bodies to report back to it on the facts and ground-realities of the case. It may appoint a court committee or a ...
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General Public Interest
In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by citizenship, collective action, and active participation in the realm of politics and public service. The concept of the common good differs significantly among philosophical doctrines. Early conceptions of the common good were set out by Ancient Greek philosophers, including Aristotle and Plato. One understanding of the common good rooted in Aristotle's philosophy remains in common usage today, referring to what one contemporary scholar calls the "good proper to, and attainable only by, the community, yet individually shared by its members." The concept of common good developed through the work of political theorists, moral philosophers, and public economists, including Thomas Aquinas, Niccolò Machiavelli, John Locke, Jean-Jacques Rouss ...
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Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires the suppor ...
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Vineet Narain
Vineet Narain (born 1956) is an Indian journalist, anti-corruption activist and conservator of heritage. His exposure of the 1990s Jain Hawala scandal led him to use a public interest petition to apply pressure on the Central Bureau of Investigation. The CBI was widely criticised when its prosecutions collapsed, and the Supreme Court of India in deciding the Vineet Narain Case made directions that included new supervision of the CBI by the Central Vigilance Commission. Family and early life Born in 1956 in a Brajwasi family, Vineet Narain had his primary education in Western Uttar Pradesh and did his higher studies from Jawaharlal Nehru University in New Delhi. His father was an academician and served as the Vice-Chancellor of two prominent universities in U.P. He fought against interference of the political masters in the admission procedure of some of the professional courses in the state. His mother, a Gandhian social worker and highly spiritual person, was active in student ...
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Bandhua Mukti Morcha
Bandhua Mukti Morcha (BMM) ( hi, बंधुआ मुक्ति मोर्चा, or Bonded Labour Liberation Front (BLLF) is a non-governmental organisation in India working to end bonded labour. Based in New Delhi, it was founded in 1981 by Swami Agnivesh who continued as its chairman until his death in 2020. Bonded labour was legally abolished in India in 1976 but remains prevalent, with weak enforcement of the law by state governments. Estimates of the problem vary. Official figures include a 1993 estimate of 251,000 bonded labourers while BMM says there are 20 - 65 million bonded labourers. A 2003 project by Human Rights Watch has reported a major problem with bonded child labour in the silk industry. Achievements BMM's efforts are credited with the passing of legislation to abolish child labour in India (the Child Labour (Prohibition and Regulation) Act 1986. This followed a 1984 Supreme Court decision in a case brought by BMM. Other cases on bonded labour brought t ...
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Taj Mahal
The Taj Mahal (; ) is an Islamic ivory-white marble mausoleum on the right bank of the river Yamuna in the Indian city of Agra. It was commissioned in 1631 by the Mughal emperor Shah Jahan () to house the tomb of his favourite wife, Mumtaz Mahal; it also houses the tomb of Shah Jahan himself. The tomb is the centrepiece of a complex, which includes a mosque and a guest house, and is set in formal gardens bounded on three sides by a crenellated wall. Construction of the mausoleum was essentially completed in 1643, but work continued on other phases of the project for another 10 years. The Taj Mahal complex is believed to have been completed in its entirety in 1653 at a cost estimated at the time to be around ₹32 million, which in 2020 would be approximately 70 billion (about US $1 billion). The construction project employed some 20,000 artisans under the guidance of a board of architects led by the court architect to the emperor, Ustad Ahmad Lahauri. ...
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Ganga
The Ganges ( ) (in India: Ganga ( ); in Bangladesh: Padma ( )). "The Ganges Basin, known in India as the Ganga and in Bangladesh as the Padma, is an international river to which India, Bangladesh, Nepal and China are the riparian states." is a trans-boundary river of Asia which flows through India and Bangladesh. The river rises in the western Himalayas in the Indian state of Uttarakhand. It flows south and east through the Gangetic plain of North India, receiving the right-bank tributary, the Yamuna, which also rises in the western Indian Himalayas, and several left-bank tributaries from Nepal that account for the bulk of its flow. In West Bengal state, India, a feeder canal taking off from its right bank diverts 50% of its flow southwards, artificially connecting it to the Hooghly river. The Ganges continues into Bangladesh, its name changing to the Padma. It is then joined by the Jamuna, the lower stream of the Brahmaputra, and eventually the Meghna, forming the major est ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ...
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Charge Sheet
In policing on the Indian subcontinent, a chargesheet is prepared after First Information Reports (FIRs), and charges an individual for (some or all of) the crimes specified in those FIR(s). Once the charge sheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against them to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system."Scam framing of charges - a raja kanimozhi"
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Law Of India
The legal system of India consists of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. In the first major reformist judgment for the last decade, the Supreme Court of India banned the Islamic practice ...
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