📹 The Reinvention of Rescue and Judicial Inventiveness
In his presentation, Prof. Dr. Paul Omar identified the main debates concerning Insolvency Law, while considering the key features …
Can a judge become a lawyer in India?
The Constitution of India prohibits a High Court judge from acting in any court or authority within the country that may be influenced by debates in the Congress Assembly, Dr. Sapru’s view, or the 1956 Constitution amendment.
Why is Indian judiciary so powerful?
The Indian judiciary, comprising the Supreme Court, High Court, District Court, and local courts, is a vital government branch responsible for law interpretation and resolving disputes. It maintains independence from other government organs, with judges not subject to legislative or executive control. Removal of judges requires an impeachment resolution. The Supreme Court and High Court have significant power, including the ability to interpret the constitution, declare laws invalid, and have judicial review.
How does judiciary play an important role in the functioning of India’s democracy?
Democracy is governed by the Constitution, which serves as the supreme authority, with the Judiciary acting as its guardian. The Constitution divides governance into three branches: the Legislature, the Executive, and the Judiciary. The Legislature creates laws, representing public interests, while the Executive enforces them under a President or Prime Minister. The Judiciary interprets and applies laws, ensuring constitutional compliance and safeguarding rights. In parliamentary systems like India, the Judiciary acts as a vital check, upholding the Rule of Law and protecting against power abuses.
What is the significance of notion of judicial review in the process of constitutional adjudication in India?
The Indian judiciary conducts judicial review in three categories: legislative, administrative, and judicial actions. Legislative review ensures laws align with constitutional provisions, while administrative review examines the legality, rationality, and legitimacy of administrative decisions. Judicial review also rectifies inconsistencies in past court judgments to enhance legal coherence and minimize conflicting interpretations. This process contributes to the stability and predictability of India’s legal system, ensuring the public’s best interests are served.
Can I become a lawyer at 30 in India?
The LLB course in India is a three-year program that may be pursued at any age, provided that candidates meet the eligibility criteria for either the Class 12 or graduation level.
Which country has the most powerful judiciary in the world?
The United Kingdom, renowned for its constitutional monarchy and parliamentary democracy, has a strong legal architecture that is crucial for its growth and global position. A powerful justice system builds trust, maintains societal stability, and ensures citizens’ well-being and security. The top ten countries with the best judicial systems worldwide, including the UK, demonstrate strong legal architectures with autonomous judicial bodies, remarkable transparency, and rapid court action, based on information from various online sources.
What do lawyers call the judge in India?
The Chief Justice of India, SA Bobde, and a lawyer discussed how to address the court on 13th August 2020. The lawyer addressed the bench presided over by the CJI, who was hearing cases through video conference. The lawyer asked if the lawyer was appearing before the US Supreme Court. The CJI explained that the use of “Your Honour” is not Indian but American. The lawyer argued that there is no law prescribing address by lawyer, but rather the practice of the court. The lawyer stated that there is nothing in law that prescribes address by lawyer, but the court’s practice.
What is judge made law in India?
Professor A. V. Dicey advanced the view that the role of the court should be that of a judge, rather than an arbitrator, and that it should adhere to established precedents. He held the view that judge-made law constitutes genuine legislation, but that it must be interpreted in accordance with the established principles of legal interpretation. It is not within the purview of the judiciary to explicitly proclaim novel tenets of law; rather, such pronouncements must be derived through a logical deduction from established legal principles or statutory enactments.
Who is the most powerful person in judiciary?
The Chief Justice of India (CJI) is the highest-ranking officer in the Indian judiciary and the chief judge of the Supreme Court of India. The President of India has the power to appoint the next CJI, who serves until they reach 65 or are removed by impeachment. The successor suggested by the incumbent CJI is usually the next most senior judge of the Supreme Court. The CJI is responsible for the allocation of cases and appointment of constitutional benches dealing with important matters of law. In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the CJI allocates all work to other judges.
What is the role of judicial creativity in the judiciary of India?
The term “judicial creativity” is used to describe judges’ innovative use of the law to address complex issues that cannot be resolved through precedent or legislation.
📹 💡 Obviousness or Inventive Step – How the EPO Determines Inventive Step #rolfclaessen
Description: Obviousness – What is obviousness or inventive step? I am Rolf Claessen, patent attorney and patent attorney at …
As I understand your example, the closest prior art is a car with four wheels, the technical problem is to avoid collision with other vehicles and the solution is a rear view mirror. If there was then a second document with rear view mirror on a bicycle; then the judgement is, would a skilled person have been able to combine the second document to the technical problem and come to the solution? if so this would NOT be regarded as an inventive and therefore not patentable. Is my understanding correct?
I want to ask about Novelty. If someone published an online articule for example saying indoor wall mounted aircons should be made with a superellipse shape blow air at a 20,30,40 degree angles for them to nicely warm people in the room. And they go on to show researh data of superellipse shaped arcons warming up rooms at 20,30,40 degree angles. They dont patent anything its just an article. Then you happen to have a similar idea without reading that article and made a proto type but yot idea is a circular shape and you want to file a Utility Patent. Will that idea be concidered NOVEL?