text:
UPDATE: Guide to Indian Laws
Ramakrishnan Viraraghavan is a lawyer of over 30 years standing practising in Chennai (formerly Madras), South India. He specialises in corporate law and arbitration. He is dual qualified: an advocate in India and a barrister in England and Wales. He has a degree in commerce from the University of Madras, a degree in law from the University of Bangalore, and a Post Graduate Diploma in Alternative Dispute Resolution from the National Academy of Legal Studies and Research (NALSAR) University of Law, Hyderabad. He is currently studying LLM at the University of Edinburgh. He is a member of the Chartered Institute of Arbitrators, UK. He has published 'Madras High Court Letters Patent, Appellate & Original Side Rules' (LexisNexis, 2015) and Guide to Memorandum, Articles and Incorporation of Companies (LexisNexis, 2015). He has contributed articles on corporate law and taxation in many law magazines.
The author gratefully acknowledges the assistance of Mr Anirudh Ramakrishnan (3rd year B.A., LLB NALSAR University) in updating the electronic resources cited in this article and proofreading.
Published November/December 2016
Table of Contents
1. Introduction
2. Law and Judicial System in Ancient India
3. Law and the Judicial System in Medieval India
10. Union Judiciary
12. Independence of the Judiciary from the Executive
15. Review of the Functioning of the Constitution
16. The Law Commission of India
17. The Election Commission of India
19. Securities and Exchange Board of India
21. Sources of Law
21.1. Primary Sources
21.2. Secondary Sources
23. Legal Education
1. Introduction
India is situated in South Asia. It is a democratic republic.[1] The striking features of India are, of course, its large population (in excess of 1 billion[2]), its diversity in religion and culture (almost all the major world religions are found here[3]), and its near absolute[4] commitment to democracy.[5]
Historically, India was a collection of kingdoms and empires constantly at war with each other.[6] The ancient empire of King Ashoka[7] (a Buddhist) and later the Mughal Empire united a substantial portion of Northern India.[8] South India was ruled independently by a number of kings.[9]However, modern India took shape with the conquest of the nation by the British.[10] This conquest started in the late 17th century.[11] The British ruled India till 1947 when India became an independent nation.[12]
As a consequence of over a century of British rule, a substantial portion of Indian law and Indian legal institutions are based on British law, British legal system and the English language.[13]
2. Law and Judicial System in Ancient India
During the ancient times, the Indian sub-continent was inhabited predominantly by Hindus. The legal system took its colour from Hindu religious and social practices. Hindu society was characterized by the caste system[14] and the joint family system.[15]
The four castes in the order of importance were (1) Brahmins or the priests (2) the Kshatriyas or the warriors (3) the Vaisyas or the merchants and (4) the Sudras or the workers. Castes apparently originated from an individual's occupation and mobility between the castes was not unknown.[16] In the later years, castes became rigid and inter-caste mobility was not permitted.[17]
The Hindu joint family is a family of Hindus related by blood living together sharing common food, shelter and properties.[18] The family rather than the individual was the social unit in ancient India. The family (not the individual) owned properties. The Hindu family was patriarchal in nature. The eldest male was the head of the family and enjoyed considerable powers over the rest of the family. His position was akin to pater familas under the Roman law.[19]
The law applied was on the basis of ancient religious texts, authoritative commentaries on these texts and customs.[20]The King himself administered the law with the help of his ministers. The king also appointed judges to administer the law.[21] Law at the village level was administered by village councils ('panchayat') consisting of five or more members.[22] The system of professional lawyers appearing for the litigants appears to be unknown.[23]
3. Law and the Judicial System in Medieval India
The Muslim invasions of India began around the 11th century AD.[24] Gradually vast portions of India came under the Muslim rule.[25] Muslim law and Muslim judicial institutions were established in India. The fountainhead of justice was the Sultan or the Mughal emperor. He established a hierarchy of courts in the provinces, districts, parganas[26] and villages. Courts for revenue cases were separate from the courts for civil and criminal cases.[27] Appeals lay from one court to the other and ultimately to the emperor in Delhi. The village councils (panchayats) continued in the villages and dealt with small civil and criminal cases.[28] As the courts were presided over by Muslim judges, the law administered was the Sharia or the Muslim Law. Professional legal representatives (called vakils or vakeels[29]) appeared in courts on behalf of litigants.[30]
4. The British Period
The British came into India as traders in the 17th century AD and gradually conquered the entire sub-continent.[31] They established their own set of courts and judges. They administered English law as extended to India. However, in matters of personal law, the British applied the Hindu law or the Muslim law depending on the religion of the subject. Assessors initially assisted the judges in matters of personal law but these assessors were later dispensed, as the judges became more knowledgeable in personal laws. Even today, different personal laws govern Hindus and Muslims.
5. Constitution of India
The Indian Constitution ('Constitution') was adopted by the Constituent Assembly on November 26th 1949[32] and came into effect since January 26th 1950.[33] The Constitution was in large part modeled on the Government of India Act 1935[34] and Constitutions of other nations were also considered.[35] The Indian Constitution in turn served as a model for many nations, which became independent subsequently. A current text of the Constitution can be found at http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
The Constitution is divided into Parts, Chapters and Articles. The Constitution provides for a quasi-federal nation consisting of a Union of States.[36] It provides for separate executives and legislatives for the Union and for each of the States and demarcates the powers of each. However, the residual legislative power is with the Union.[37] Under certain circumstances, the Union can (and has) dissolved the executive and legislatives of the States.[38]
The Constitution itself can be amended by a special majority of Parliament. Amendments to the provisions of the Constitution dealing with the States require the consent of the legislatures of at least half of the States.[39] The Constitution can be amended fairly extensively[40] but the amendments cannot violate the basic features of the Constitution[41] such as the independence of the judiciary, the sovereign democratic and republican structure of the nation, the rule of law and free and fair elections.
6. Union Executive: President, Vice President, Prime Minister
India follows the Westminster form of Government with an elected President[42] in the place of the hereditary monarch. The President of India heads the Union Executive[43] He is the nominal head of the State and the Supreme Commander of the defence forces of the Union.[44] The real power lies with the Union Council of Ministers headed by the Prime Minister.[45] The President is normally bound to act on the advice of the Council of Ministers.[46]
The President is elected by an electoral college consisting of the members of the Parliament and the State legislatures.[47] The President holds office for five years.[48] He can be re-elected for any number of terms.[49]
The President can be impeached for violation of the Constitution.[50] The charge for impeachment can be preferred by either House of the Parliament by a two-thirds majority of the total membership of that House. The charge will be investigated by the other House of the Parliament. A resolution by a two-thirds majority of the total membership of the investigating House is required for sustaining the charge.
The Vice-President[51] is elected by the members of the Union Legislature.[52] He holds office for five years.[53] The Vice President is the ex-officio Chairman of the Council of States[54] (the upper house of the Parliament).
The Vice-President can be removed by a resolution passed by the Council of States by a simple majority of its members and agreed to by the House of the People.[55]
The Prime Minister[56] is the de facto head of the Union Executive. The Prime Minister is the head of the Council of Ministers.[57] The President appoints the Prime Minister.[58] The other ministers are appointed by the President on the advice of the Prime Minister.[59] The Prime Minister is usually the leader of the political party commanding a majority in the House of the People. The Prime Minister can be the leader of a coalition of political parties which together command a majority in the House of the People.
The Union Government is divided into a number of ministries each headed by a minister and further into departments each with a large number of Indian Administrative Service officers and subordinate employees. See http://goidirectory.nic.in for a directory of the government websites.
7. The Union Legislature[60]
The Union legislature (Parliament) is a bicameral legislature on the Westminster model. It comprises an Upper House called the Council of States or the Rajya Sabha[61] and a Lower House called the House of People or Lok Sabha.[62]
The Council of States, as its name indicates, is largely comprised of representative of the States elected by the members of the legislatures of the States.[63] It is a permanent House with one third of its members retiring every second year.[64] The Vice-President is the Chairman of the Council of States.
The House of the People consists of members chosen by direct election by Indian citizens from territorial constituencies in the States.[65] The House of the People, unless sooner dissolved, continues for a term of five years from the date appointed for its first meeting.[66]
Parliament may make laws for the whole or any part of the territory of India.[67] Parliamentary laws cannot be invalidated on the grounds of extraterritorial operation.[68] Parliament has exclusive legislative power on certain matters[69] and legislative power concurrent with the State Legislature on certain other matters.[70] Parliament has residual powers of legislation.[71]
8. The State Executive: Governor, Chief Minister
The constitutional structure of the State is largely similar to that of the Union. The executive power of each State is vested in the Governor of the State.[72] The Governor of each State is appointed by the President on the advice of the Union Council of Ministers.[73] The Governor is appointed for a term of five years but holds office during the pleasure of the President and can be removed any time.[74]
The Chief Minister is the de facto head of the State Executive. The Governor is normally bound to act on the advice of the Council of Ministers.[75] The Chief Minister is the head of the Council of Ministers of the State.[76] The Governor appoints the Chief Minister.[77] The other ministers are appointed by the President on the advice of the Chief Minister.[78] The Chief Minister is usually the leader of the political party commanding a majority in the Legislative Assembly of the State. The Chief Minister can be the leader of a coalition of political parties which together command a majority in the Legislative Assembly of the State.
9. The State Legislature
The legislature of most States consists of only one House[79] (the Legislative Assembly) whose members are directly elected by Indian citizens from territorial constituencies in that State[80]. The Legislative Assembly, unless sooner dissolved, continues for five years from the date appointed for its first meeting.[81]
A few States have a Legislative Council in addition to the Legislative Assembly.[82] The Legislative Council is a permanent body[83] elected by specified electorates comprising members of the Legislative Assembly, University graduates, members of Municipalities and other local bodies.[84] The Constitution empowers the Legislative Assembly of a State to abolish or create the Legislative Council of that State.[85]
State Legislatures may make laws for the whole or any part of that State.[86] The State Legislature has exclusive legislative power on certain matters[87] and legislative power concurrent with Parliament on certain other matters.[88] Parliament has residual powers of legislation.[89]
10. Union Judiciary: Supreme Court
The Union Judiciary consists of the Supreme Court of India.[90] The Supreme Court sits in New Delhi.[91]The Supreme Court exercises original jurisdiction in disputes between (1) the Union Government and one or more States or (2) one or more States.[92] The Supreme Court is empowered to issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for the enforcement of fundamental rights.[93]The Supreme Court hears civil and criminal appeals from the High Courts.[94] The Supreme Court hears statutory appeals from tribunals constituted under various statutes such as Securities Appellate Tribunal[95] and National Company Law Appellate Tribunal.[96] The language of the Supreme Court is English.[97]
The Supreme Court comprises the Chief Justice of India and 30 puisne judges.[98] The President appoints every judge of the Supreme Court after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.[99] In practice, Supreme Court judges are appointed in accordance with the memorandum of procedure agreed between the Union Government and the Supreme Court of India.[100]
The Constitution (Ninety-Ninth Amendment) Act, 2014 proposed to establish a National Judicial Appointments Commission for the appointment of judges of the Supreme Court and the High Court.[101]The Supreme Court declared this amendment unconstitutional.[102] The Union Government is currently engaging with the Supreme Court of India to revise the memorandum of procedure for the appointment of judges.[103]
Supreme Court judges hold office up to 65 years of age.[104] They can be impeached on the ground of proved misbehavior or incapacity by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership and not less than two thirds of the members of the House present and voting.[105]
The State judiciary consists of the High Court for each State[106] and courts subordinate to the High Courts.[107] Parliament may establish a common High Court for two or more States.[108]
The High Court hears appeals from the subordinate courts and tribunals. It exercises superintendence over and acts as a court of revision for the subordinate courts and tribunals.[109] The High Court has powers to issue writs of habeas corpus, certiorari and such other prerogative writs.[110] Some High Courts exercise original jurisdiction in civil matters and admiralty jurisdiction.[111] The language of the High Courts is English[112], although the official language of the Union Hindi is gaining ground.[113]
Each High Court consists of a Chief Justice and a number of puisne judges.[114] The President appoints a High Court judge after consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of that State.[115] In practice, High Court judges are appointed in accordance with the memorandum of procedure agreed between the Union Government and the Supreme Court of India.[116]
The Union Government is currently engaging with the Supreme Court of India to revise the memorandum of procedure for the appointment of judges.[117]
A High Court judge holds office till he attains the age of 62 years.[118] A High Court judge can be impeached in the same manner as a Supreme Court judge i.e. on the ground of proved misbehavior or incapacity by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership and not less than two thirds of the members of the House present and voting.[119] A High Court judge can be transferred from one High Court to another High Court.[120]
Subordinate Courts[121]
The subordinate judiciary comprises of three tiers of civil and criminal courts.[122] The District Court[123] having jurisdiction over a district of State is the highest of the subordinate courts. The District Court is also the sessions court of that district while exercising criminal jurisdiction.
Civil courts subordinate to the district court are the courts of the Civil Judge (Senior division) and the Civil Judge (Junior Division).[124] In some States[125], these courts are called the Court of the Subordinate judge and the District Munsif's court respectively. Munsif courts and courts of Subordinate Judges exercise civil jurisdiction. Appeals from these courts normally lie to the District Court and then to the High Court. A litigant is normally entitled to two appeals-a first appeal on facts and law and a second appeal only on law.[126]
Criminal courts subordinate to the district (and sessions) court consist of Judicial Magistrates of first or second class and the Chief Judicial Magistrate. Appeals from the Magistrates' courts lie to the Sessions Court and then to the High Court.[127]
Specialised tribunals are established under various statutes. Examples of these are the Income tax Appellate Tribunal[128], the National Company Law Tribunal and Appellate Tribunal, the Sales Tax Appellate Tribunal, Customs, Excise & Service Tax Tribunal[129], Consumer Forums, National and State Consumer Disputes Resolution Commissions[130], the Central and State Administrative Tribunals, the Debts Recovery Tribunal[131], Debts Recovery Appellate Tribunal[132], National Green Tribunal[133], Lok Adalaths (Peoples' Courts), Mahila Courts (Women's Courts), Fast Track Courts, Special Courts/Designated Courts under various of Parliament or State Legislatures. Many of these tribunals are under the superintendence of the High Court within whose territorial jurisdiction they function. Appeals from some of the Appellate Tribunals lie to the Supreme Court.
12. Independence of the Judiciary from the Executive
Although the Parliament has powers to impeach a judge of the Supreme Court or a High Court, this is a power which is very difficult to exercise in practice. No judge has been removed by the Parliament in more than 65 years of independence.[134] Judges of the Supreme Court and the High Court have enormous freedom from political and other interference during their tenure.
13. Fundamental Rights
The Constitution prescribes certain fundamental rights such as equality before law (which includes protection from arbitrary action of the State), freedom from discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in matters of public employment, freedom of speech and expression, right to assemble peacefully without arms, to form associations or unions, to move freely through India, to reside and settle in any part of India, protection against deprivation of life and personal liberty, freedom of conscience and the profession, practice and propagation of religion.[135] The right to property is no longer a fundamental right[136] but no person shall be deprived of his property save by authority of law.[137]
14. Fundamental Duties
Fundamental duties were added to the Constitution in 1977.[138] Among these are duties to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, to value and preserve the rich heritage of our composite culture, to protect and improve the national environment including forests lakes, rivers and wild life and to have compassion for living creations and to strive towards excellence in all spheres of individual and collective activity.
15. Review of the Functioning of the Constitution
The Constitution has served the nation well for more than five decades and has survived onslaughts to destroy many of its features. In 2000, Government of India (the Union Government) constituted a committed headed by a retired Chief Justice of India to examine the working of the Constitution and suggest amendments. The final report of the committee can be found online.
Text Books
The standard text books on Constitutional law are:
- Basu-Shorter Constitution of India, LexisNexis. This book gives an article-wise commentary on the Constitution.
- H.M. Seervai -Constitutional law of India, Universal Law Publishing Co. Pvt. Ltd. This is closely reasoned and a detailed study into the Constitution. It makes very good reading but the last edition was in 1991 (4th Edition)
- Granville Austin –The Indian Constitution, Oxford University Press, 1966
- Granville Austin -Working a Democratic Constitution, Oxford University Press, 1999
16. The Law Commission of India
The Law Commission of India is constituted by the Government of India to suggest legal reforms. The Law Commission periodically submits reports to the Union executive suggesting legal reforms. The Union Executive or the Legislative is not bound to act on the suggestions.
17. The Election Commission of India
The Election Commission of India[139] is headed by the Chief Election Commissioner and two Election Commissioners. The sole responsibility of the Election Commissioner is to periodically conduct elections to the State and Union legislatures as well as the Presidential elections. It must ensure a free and fair polling in all these elections. The Election Commission is given financial and operation autonomy to ensure the conduct of free and fair elections.
18. The Reserve Bank of India
The Reserve Bank of India[140] is the apex bank in India. It manages monetary operations control over foreign exchange and control over commercial banks and financial institutions.
19. Securities and Exchange Board of India
The Securities and Exchange Board of India is the apex body dealing with the listing and trading of securities. It regulates public issue of securities, stock exchanges and other intermediaries in the securities market.
20. Legal Practitioners
India has a fused legal profession. All practising lawyers are called advocates. Advocates are the basic legal practitioners and the only persons allowed audience as a matter of right in the civil and criminal courts[141]. Advocates are governed by the Advocates Act 1961. Advocates are required to pass a degree in law from a recognised university and enroll themselves on the rolls of the Bar Council of the State within whose jurisdiction they regularly practice.[142] An advocate cannot practice unless he has passed the All India Bar Examinations which will entitle him to a certificate of practice.[143] Advocates are governed by the 'cab rank rule'.[144]
Senior Advocates are advocates so designated by a High Court or the Supreme Court.[145] Senior Advocates are the equivalent of Queen's Counsel or 'silks' of other jurisdictions.
The legal profession is regulated by the Bar Council of India[146] and the State Bar Councils.[147] Advocates are subject to disciplinary control by the State Bar Councils and the Bar Council of India. An appeal against the order of the disciplinary committee of the State Bar Council lies to the Bar Council of India[148] and a further appeal to the Supreme Court.[149] Bar Councils consists of ex-officio and elected members from the Bar.
Almost all the judges are appointed from practicing advocates. Judges of the Superior Judiciary (the Supreme Court and the High Courts) and the higher tiers of the subordinate judiciary are either promoted or directly appointed from the Bar.
Chartered Accountants, Company Secretaries and other persons with prescribed qualification have rights of audience before many of the Tribunals.
Some Courts/Tribunals like the Family Courts expressly bar lawyers from appearing except with the permission of the tribunal.
Personal laws
A substantial portion of the Hindu law has been codified by Parliament after independence.[150] The Muslim law is as yet uncodified.[151] Courts apply Muslim law based on authoritative commentaries and judicial precedents.
21. Sources of Law
21.1. Primary Sources
The primary source of law is the statutes passed by Parliament or the State Legislatures.[152] In addition to these, the President[153] and the Governor[154] have limited powers to issue ordinances when Parliament or the State Legislature is not in session. These ordinances lapse six weeks from the re-assembly of Parliament or the State Legislature. These laws are later published in the Official Gazette (The Gazette of India[155] or the State Gazettes[156]). Most enactments delegate powers to the executive to make rules and regulations for the purposes of the Acts. These rules and regulations (called subordinate legislation) are periodically laid before the legislature (Parliament or State Legislature). Subordinate legislation is another source of law.[157]
Statutes passed by Parliament are accessible at India Code which is a free site. The All India Reporter's Manual of Central Laws is an exhaustive collection of laws enacted by Parliament together with decisions of the Supreme Court and the High Court on these statutes. However, this is not available online.
Statutes passed by the States are more difficult to access. Some of the important Statutes passed by State Legislatures are found on the official portals of the corresponding State Government. The websites of most of the State Governments are found at http://goidirectory.nic.in/state.php.
21.2. Secondary Sources
An important secondary source of law is the judgments of the Supreme Court, the High Courts and some of the specialised Tribunals. The judgments of these institutions not only decide legal and factual issues in dispute between the parties but in the process interpret/declare the law. This interpretation/declaration law – the ratio decidendi is a binding precedent.
The Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.[158] The ratio decidendi as well as the orbiter dicta of the Supreme Court constitute binding precedents to be followed by all the other courts and tribunals. The Supreme Court is not bound by its own decisions. However, decisions of a larger bench of the Supreme Court are binding on benches of equal or lesser strength. The Supreme Court has used its powers to venture into judicial activism going far beyond the traditional view that courts should only interpret the law and not make new law. Judgments of the Supreme Court on public interest litigation, protection of the environment and protection against arbitrary State action can be viewed more as judicial legislation and not as mere interpretation of the law.
The judgments of a High Court are binding on itself and on all subordinate courts and tribunals in that State. However, a numerically larger bench of the High Court can overrule a decision of a numerically smaller bench. Judgments of a High Court are not binding on another High Court or on courts subordinate to another High Court, but are of great persuasive value.
Judgments of specialised tribunals are binding on itself but not on the courts or other tribunals. Occasionally larger benches of a tribunal are constituted to reconsider the correctness of the decisions of smaller benches.
The Privy Council in London was the highest appellate body for India until October 1949.[159] Previously rendered judgments of the Privy Council are binding precedents unless overruled by the Supreme Court. Decisions of all other foreign courts are only of persuasive value. In view of the prodigious output of the Supreme Court during the past fifty years, the role of judgments of foreign courts in shaping the law in India has declined considerably. Foreign judgments are cited in the Supreme Courts and in the High Courts only in the absence of Indian judgments on the point involved. Foreign judgments are seldom cited before the subordinate courts.
Judgments of the Supreme Court are available at http://judis.nic.in/supremecourt/chejudis.asp. Judgments reported in the Supreme Court Reports are found at http://supremecourtofindia.nic.in/scr.htm.
Judgments of the High Courts are found in the official website of each High Court. The High Court websites can be accessed from http://supremecourtofindia.nic.in/scr.htm. Electronic copies of judgments reported in the Indian Law Reports are available in the websites of some of the High Courts.[160]
Judgments of High Courts can be accessed at www.judis.nic.in Most of these judgments do not have head notes.
22. Books and Commentaries
Books and commentaries on Indian law are only of persuasive value but are frequently cited in the courts. Considering the underlying foundation of English Law and English legal principles, standard books on English law are frequently used and cited in the courts. Commentaries from other jurisdictions are rarely used.
Standard Books and Commentaries on Selected Topics:
Arbitration Law
- Law of Arbitration and Conciliation by R.S. Bachawat - LexisNexis
Civil Procedure
- Civil Procedure Code - The All India Reporter Commentaries.
Company Law
- Guide to the Companies Act by A. Ramaiya - Publishers LexisNexis.
Constitutional Law
- Shorter Constitution of India – Basu LexisNexis. This book gives a commentary on the Constitution article by article.
- Constitutional law of India-H.M. Seervai. Universal Book Traders. This is closely reasoned and a detailed study into the Constitution. It makes very good reading but the last edition was in 1991 (4th Ed.)
- Indian Conveyancer – G.C Mogha and M.C Agarwal-Eastern Law House;
- Conveyancing - De Souza's - Eastern Law House Private Limited
Contract Act
- Indian Contract and Specific Relief Acts by Pollock and Mulla - LexisNexis.
Criminal Law
- Indian Penal Code - Ratanlal-LexisNexis.
Hindu law
- Hindu law - Mulla - LexisNexis.
- Hindu law and usage - Maine -Bharat Law House.
Income Tax
- Kanga and Palkhivala's - The Law and Practice of Income Tax - LexisNexis
- Income tax - Chaturvedi and Prithisara - LexisNexis.
Muslim law
- Principles of Mohammedan Law – Mulla - LexisNexis
- Outlines of Mohammedan Law – Faizi - Oxford University Press
Property Law
- Transfer of Property Act - Mulla - LexisNexis.
- Ratanlal and Dhirajlal's, The Law of Torts - Lexis Nexis.
Publishers and Books Sellers
The addresses of some of the publishers and books sellers:
- LexisNexis India: http://www.lexisnexis.co.in/en-in/home.page
- Eastern Law House: http://elh.co.in/
- Eastern Book Company: http://www.ebcwebstore.com/
- C. Sitaraman & Co.: http://www.sitaraman.com/
- All India Reporter: http://www.airwebworld.com/
- Nabhi Publications: http://www.nabhipublications.com/booksonline/default.asp
- Taxmann: https://www.taxmann.com/#
- Company Law Institute of India: http://www.cliofindia.com/html/home2.htm
- Delhi Law House: http://delhilawhouse.com/
23. Legal Education
A list of national law universities participating in the Common Law Aptitude Test is found at https://clat.ac.in/. A law degree is normally a five-year course taken after 12 years of school or a three-year course taken after a bachelor's degree.
24. Other Legal Sites
Parliament, State Legislatures
Parliament of India
Parliament of India: Archives
Rajya Sabha
Lok Sabha
State Legislatures
Centre for Policy Research
PRS Legislative Research
Statutes of Parliament
India Code
Governmental websites
National Portal of India
Open Government Data
Ministry of Law and Justice
Ministry of Corporate Affairs
Law Commission of India
Income Tax Department India
Central Board of Excise and Customs
Controller General of Patents, Designs and Trademarks
Supreme Court of India
Indian Courts -links to Supreme Court, High Courts and a few tribunals
Tribunals/Regulatory Authorities
Appellate Tribunal for Electricity
Armed Forces Tribunal
Authority for Advance Ruling
Central Administrative Tribunal
Central Electricity Regulatory Commission
Competition Appellate Tribunal
Competition Commission of India
Consumer forums in country
Copyright Board
Customs Excise and Service Tax Appellate Tribunal
Cyber Appellate Tribunal
Debt Recovery Tribunals
Employees Provident Fund Appellate Tribunal
Income Tax Appellate Tribunal
Insurance Regulatory and Development Authority of India
National Company Law Tribunal
National Consumer Disputes Redressal Commission
National Green Tribunal
National Human Rights Commission
Securities and Exchange Board of India
Telecom Disputes Settlement & Appellate Tribunal
Telecom Regulatory Authority of India
Legal Services, Blogs & Legal News/Research Websites
Indian Constitutional Law and Philosophy
India Corp Law
India Law Journal
Madras Law Journal
SpicyIP (intellectual Property)
Advocate Khoj (Legal Service/BlogSpot)
Cyber laws in India
IPR Law India
Law finder
Law Guru
Legal India
Legal Services India
Tax Guru (News/Blog)
Case Status Site
Case Law Sites
CDJ Law journal
Corporate and Tax laws
http://www.taxlawsonline.com/ (fee-based)
Courts Judgment
http://courtsjudgments.com (fee-based)
Current Tamil Nadu cases
Indian Kanoon
http://Indiankanoon.org/ (fee-based)
Indian Law Cases
Judgment Information System Supreme Court, High Courts
Judgments, Orders -High Courts of Orissa, Meghalya, Uttarakhand
Law weekly
http://www.thelawweekly.com (fee-based)
http://Manupatra.com (fee-based)
SCC Online
http://SCConline.com (fee-based)
Supreme Court Case Law
http://supremecourtcaselaw.com (fee-based)
Supreme Court database of judgments
Supreme Court database of articles
Supreme Court of India- equivalent citation table
Westlaw India
http://indlaw.com (fee-based)
NYU Global Law Review (Universal Blog/law review)
NYU Global Law Review (Universal Blog/law review)
NYU Global Law Review (Universal Blog/law review)
[1] "Sovereign, Socialist Secular Democratic Republic" preamble to the Constitution of India ('Constitution') http://lawmin.nic.in/olwing/coi/coi-english/coi-indexenglish.htm.
[2] 1,210,193,422-provisional population totals Census of India 2011 http://www.censusindia.gov.in/2011-prov-results/prov_results_paper1_india.html.
[3] Census of India 2011 http://www.censusindia.gov.in/2011census/C-15.html.
[4] 'Near absolute' because of the brief period of totalitarian rule during the Emergency (1975-1977).
[5] Election Commission of India-general elections 2014, http://eci.nic.in/eci_main1/GE2014/ge.html.
[6] Meghnad Desai-The Rediscovery of India, Penguin Allen Lane,2009, page 7; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[7] Jawarharlal Nehru -The Discovery of India, page 132; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[8] Meghnad Desai-The Rediscovery of India, Penguin Allen Lane 2009, pages 7, 9.
[9] Jawarharlal Nehru -The Discovery of India, pages 139-140, 239-240; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[10] 'India is no more a political personality than Europe. India is a geographical term. It is no more a united nation than the Equator.' Sir Winston Churchill in a speech to the Constitutional Club 26th March 1931 India: Speeches by the Rt. Hon. Winston S. Churchill (London: Thornton Butterworth, 1931), pp. 163-70 cited by John David Olsen,The Churchill Centre in https://www.quora.com.
[11] Jawarharlal Nehru -The Discovery of India,pages 295-296; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[12] Indian Independence Act 1947, section 1http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf;
[13] Granville Austin -Working a Democratic Constitution, Oxford University Press, 1999, page 1.
[14] Jawarharlal Nehru-The Discovery of India, page 85; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[15] Jawarharlal Nehru -The Discovery of India, pages 255; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf
[16] Mayne's Treaties on Hindu Law & Usage Bharat Law House, 2014, pages 99, 100.
[17] The rigidity may have happened 1900 years ago http://www.livescience.com/38751-genetic-study-reveals-caste-system-origins.html.
[18] Mayne's Treaties on Hindu Law & Usage Bharat Law House,2014,page 820;Jawarharlal Nehru-The Discovery of India, pages 255; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[19] Mayne's Treaties on Hindu Law & Usage, Bharat Law House 2014,page 808; Jawarharlal Nehru -The Discovery of India, page 255; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[20] Mayne's Treaties on Hindu Law & Usage, Bharat Law House 2014, page 15; Mulla Hindu Law LexisNexis ButterworthsWadhwa, 2010, page 99.
[21] Mayne's Treaties on Hindu Law & Usage Bharat Law House 2014, page 10; V.D.Kulshreshtha's Landmarks in Indian Legal and Constitutional History Eastern Book Company, 2012, page 11.
[22] V.D. Kulshreshtha's Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 11.
[23] V.D. Kulshreshtha's Landmarks in Indian Legal and Constitutional History Eastern Book Company, 2012, page 14.
[24] Encyclopedia Britannica https://www.britannica.com/place/India/The-Rajputs#toc46899.
[25] The Delhi Sultanate (1206- 1526) https://www.britannica.com/place/Delhi-sultanate followed by the Mughal Empire (1526-1761) https://www.britannica.com/place/India/The-Mughal-Empire-1526-1761.
[26] Group of villages; subdivision of district athttp://www.oxforddictionaries.com/definition/english/pargana.
[27] V.D. Kulshreshtha's Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, pages 27, 28.
[28] V.D. Kulshreshtha's Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 29.
[29] Advocates today are also called vakils in Hindi; http://www.oxforddictionaries.com/definition/english/vakil.
[30] V.D. Kulshreshtha's Landmarks in Indian Legal and Constitutional History Rastern Book Company, 2012, page 31.
[31] Jawarharlal Nehru -The Discovery of India, pages 295-296; https://ia800807.us.archive.org/33/items/DiscoveryOfIndia/TheDiscoveryOfIndia-jawaharlalNehru.pdf.
[32] Preamble to the Constitution http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[33] Article 394 Constitution: http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[34] An Act passed by the British Parliament http://www.legislation.gov.uk/ukpga/1935/2/pdfs/ukpga_19350002_en.pdf; Granville Austin –The Indian Constitution, Oxford University Press, 1966 page 409 'The debt to the 1935 Act in particular is very great'.
[35] The Constitutional Adviser Mr B.N. Rau visited United States, Canada and Ireland for this purpose. An interesting anecdote is the advice of Justice Felix Frankfurter (United States Supreme Court) to Mr B.N. Rau not to use the 'due process' clause in the Constitution. Granville Austin –The Indian Constitution, Oxford University Press, 1966 pages129,130. The advice was taken. Article 21 of the Constitution instead uses the words "according to procedure established by law"
[36] Article 1, Constitution http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[37] Article 248; schedule 7, list II, entry 97 Constitution.
[38] Article 356; this is justiciable and can be reviewed by the High Courts or the Supreme Court (vide the Supreme Court judgment in S. R. Bommai v. Union of India([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) http://www.indiacourts.in/S.R.-BOMMAI-Vs.-UNION-OF-INDIA_da9d12c5-6e12-4881-ae4e-b5028a3abd1c.
[39] Article 368, Constitution http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[40] The Constitution has been amended 100 times during the 66 years of its existence. See the preface at http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[41] Kesavananda Bharati vs.State of Kerala AIR 1973 SC 1461: (1973) 4 SCC 225; http://www.indiacourts.in/Kesavananda-Bharati-Sripadagalvaru-and-Ors-Vs.-State-of-Kerala-and-Anr_b0528da8-83d3-42f5-a9d0-4a81a42bd1a2.
[42] The President of India, http://presidentofindia.gov.in/.
[43] Articles 52 & 53, Constitution http://lawmin.nic.in/olwing/coi/coi-english/coi-4March2016.pdf.
[44] Article 53 (2), Constitution.
[45] Article 74, Constitution.
[46] Article 74 (1), Constitution.
[47] Article 54, Constitution.
[48] Article 56, Constitution.
[49] Article 57, Constitution.
[50] Article 61, Constitution.
[51] The Vice President of Indian: http://vicepresidentofindia.nic.in/.
[52] Article 66, Constitution.
[53] Article 67, Constitution.
[54] Article 64, Constitution.
[55] Article 67, Constitution.
[56] The Prime Minister of India: http://www.pmindia.gov.in/en/.
[57] Article 74, Constitution.
[58] Article 75 (1), Constitution.
[59] Article 75 (1), Constitution.
[60] The Parliament of India: http://parliamentofindia.gov.in/.
[61] Parliament of India – Rajya Sabha – Council of States: http://rajyasabha.nic.in/; article 79, Constitution.
[62] Parliament of India – Lok Sabha – House of the People: http://loksabha.nic.in/; articles 79, Constitution.
[63] Article 80, Constitution.
[64] Article 83 (1), Constitution.
[65] Article 81, Constitution.
[66] Article 83 (2), Constitution.
[67] Article 245 (1), Constitution.
[68] Article 245 (2), Constitution.
[69] Article 246 (1), Seventh Schedule, list I.
[70] Article 246 (1), Seventh Schedule, list II.
[71] Article 248 (1), Seventh Schedule, list I, entry 97.
[72] Article 153, Constitution.
[73] Article 155, Constitution.
[74] Article 156, Constitution.
[75] Article 163 (1), Constitution.
[76] Articles 163, 164 (1) Constitution.
[77] Article 164 (1), Constitution.
[78] Article 164 (1), Constitution.
[79] Article 168, Constitution; The Legislative Bodies of India: http://legislativebodiesinindia.gov.in/.
[80] Article 170 (1), Constitution.
[81] Article 172 (1), Constitution.
[82] Article 168 (2).
[83] Article 172 (2), Constitution.
[84] Article 171, Constitution.
[85] Article 169, Constitution.
[86] Article 245 (1), Constitution.
[87] Article 246 (1), Seventh Schedule, list III.
[88] Article 246 (1), Seventh Schedule, list II.
[89] Article 246 (1), Seventh Schedule, list I, entry 97.
[90] The Supreme Court of India: http://supremecourtofindia.nic.in/; Article 124, Constitution.
[91] Article 130, Constitution.
[92] Article 131, Constitution.
[93] Article 32, Constitution.
[94] Articles 132, 133, 134, 136, Constitution.
[95] Constituted under the Securities and Exchange Board of India Act, 1992. Securities Appellate Tribunal in Mumbai: http://sat.gov.in/.
[96] Constituted under the Companies Act, 2013 http://www.mca.gov.in/Ministry/pdf/CompaniesAct2013.pdf.
[97] The Supreme Court of India – History: http://supremecourtofindia.nic.in/history.htm; article 348, Constitution.
[98] The Supreme Court of India – History: http://supremecourtofindia.nic.in/history.htm; Supreme Court (Number of Judges) Act 1956, as amended by the Supreme Court (Number of Judges) Amendment Act, 2008 (11 of 2009).
[99] Article 124 (2), Constitution.
[100] Memorandum Showing the Procedure for Appointment of the Chief Justice of India and Judges of the Supreme Court of India: http://doj.gov.in/sites/default/files/memosc.pdf.
[101] The Gazette of India: http://indiacode.nic.in/coiweb/amend/99th.pdf.
[102] Supreme Court Declares NJAC Unconstitutional: http://onelawstreet.com/2015/10/sc-declares-njac-unconstitutional-chelameswar-j-dissents-read-judgment/.
[103] Supreme Court Returns Government Memorandum of Procedure for Selection of High Court Judges: http://economictimes.indiatimes.com/news/politics-and-nation/sc-returns-government-memorandum-of-procedure-for-selection-of-high-court-judges/articleshow/52473923.cms.
[104] Article 124 (2), Constitution.
[105] Article 124 (4), Constitution.
[106] Article 214, Constitution; 24 High Courts so far; Web Directory – Judiciary: http://goidirectory.nic.in/judiciary_subcategory.php?ct=J001.
[107] Article 233, Constitution; District Courts of India: http://indiancourts.nic.in/districtcourt.html.
[108] Article 231, Constitution.
[109] Article 227, Constitution.
[110] Article 226, Constitution.
[111] These are the High Courts of Bombay, Calcutta, Delhi and Madras. Their original jurisdiction is conferred by their Letters Patent.
[112] Article 348 (1), Constitution.
[113] Articles 343, 344, 351, Constitution.
[114] Article 216, Constitution.
[115] Article 217, Constitution.
[116] Memorandum Showing the Procedure for Appointment of the Chief Justice of India and Judges of the Supreme Court of India: http://doj.gov.in/sites/default/files/memosc.pdf.
[117] Raghav Ohri, SC Returns Government Memorandum Of Procedure for Selection of High Court Judges, The Economic Times (may 28, 2016), http://economictimes.indiatimes.com/news/politics-and-nation/sc-returns-government-memorandum-of-procedure-for-selection-of-high-court-judges/articleshow/52473923.cms.
[118] Article 217 (1), Constitution.
[119] Article 217 (1) (b), Constitution.
[120] Article 217 (1) (c), Constitution.
[121] District Courts of India: http://indiancourts.nic.in/districtcourt.html; District Courts of India – E-Courts Mission Mode Project: http://ecourts.gov.in/index.php.
[122] District Courts of India: http://indiancourts.nic.in/districtcourt.html; District Courts of India – E-Courts Mission Mode Project: http://ecourts.gov.in/index.php.
[123] Article 233, Constitution.
[124] District Courts of India: http://indiancourts.nic.in/districtcourt.html.
[125] The State of Tamil Nadu for instance, http://ecourts.gov.in/tn.
[126] Sections 96, 100 Code of Civil Procedure, 1908 (Act No. 5 of 1908) at http://ecourts.gov.in/sites/default/files/The%20Code%20of%20Civil%20Procedure_0_0.pdf.
[127] Chapters 29, 30 Code of Criminal Procedure, 1973 at http://www.wipo.int/wipolex/en/details.jsp?id=8578.
[128] Income Tax Appellate Tribunal: http://itat.nic.in/.
[129] Customs Excise & Service Tax Appellate Tribunal: http://cestat.gov.in/.
[130] National Consumer Disputes Redressal Commission: http://ncdrc.nic.in/.
[131] The Debt Recovery Tribunal: http://bankdrt.net/.
[132] Debt Recovery Tribunals – Debt Recovery Appellate Tribunals: http://drt.gov.in/.
[133] National Green Tribunal: http://www.greentribunal.gov.in/.
[134] Impeachment proceedings were (at different times) initiated against V. Ramasami J., S. Sen J. and P.D. Dinakaran CJ. The motion against V. Ramasami was defeated. S. Sen and P.D. Dinakaran JJ resigned before the impeachment proceedings could be completed.
[135] Article 19, Constitution.
[136] This was repealed by the Constitution (44th Amendment) Act, 1978 with effect from 20 June 1979; The Constitution (44th Amendment)http://indiacode.nic.in/coiweb/amend/amend44.htm.
[137] Article 300A, Constitution.
[138] Article 51A, added by the Constitution (42nd Amendment) Act 1976 with Effect from 3 January 1977; The Constitution (42d Amendment) Act, 1976: http://indiacode.nic.in/coiweb/amend/amend42.htm.
[139] Election Commission of India: http://eci.nic.in/eci/eci.html.
[140] Reserve Bank of India: https://www.rbi.org.in/.
[141] Section 30, Advocates Act, 1961: http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf.
[142] Section 24, Advocates Act, 1961.
[143] The Bar Council of India: http://www.barcouncilofindia.org/all-india-bar-examination-rules-2010-notified/.
[144] Rule 11, section 2, chapter 2 part 6, Bar Council of India Rules: http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartVonwards.pdf.
[145] Section 16, Advocates Act, 1961.
[146] Section 4, Advocates Act, 1961.
[147] Section 3, Advocates Act, 1961.
[148] Section 37, Advocates Act, 1961.
[149] Section 38, Advocates Act, 1961.
[150] The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance Act, 1956, The Hindu Minority and Guardianship Act, 1956 and The Hindu Succession Act, 1956.
[151] The occasional legislation includes The Wakf Act, 1995: http://wamsi.nic.in/wamsi/legis/Wakf_Amend2013_Act1995.pdf, The Muslim Women (Protection of Rights on the Divorce) Act, 1986.
[152] The Supreme Court of India – Constitution: http://supremecourtofindia.nic.in/constitution.htm.
[153] Article 123, Constitution.
[154] Article 213, Constitution.
[155] Directorate of Printing Department of Publication Ministry of Urban Development Government of India – The Gazette of India: http://egazette.nic.in/(S(nw1dlg5iobezezzubrhr2twz))/default.aspx?AcceptsCookies=yes.
[156] Directorate of Printing Department of Publication Ministry of Urban Development Government of India – The Gazette of India: http://egazette.nic.in/(S(nw1dlg5iobezezzubrhr2twz))/default.aspx?AcceptsCookies=yes.
[157] Supreme Court of India – Constitution: http://supremecourtofindia.nic.in/constitution.htm.
[158] Article 141, Constitution of India.
[159] The Abolition of Privy Council Jurisdiction Act, 1949 (Constituent Assembly Act 5 of 1949) at http://bombayhighcourt.nic.in/libweb/actc/1949.05.pdf.
[160] High Court of Judicature at Allahabad: http://allahabadhighcourt.in/ILR/ (Indian Law Report – Allahabad Series); High Court of Delhi: http://delhihighcourt.nic.in/NewIlrdsFile.asp (Indian Law Reports from 2011 onwards).


text:
rivington belt bag 7 in reflective signature canvas
black copper/silver
Like the New York City street it's named after, Rivington mixes downtown cool with professional good looks. Smaller than our Rivington Belt Bag, the functional, hands-free 7 is crafted of our Signature canvas finished with a reflective coating for maximum visibility. It organizes the absolute essentials, with space for your wallet, phone and other small accessories.
rivington belt bag 7 in reflective signature canvas
Shipping and Returns
Standard shipping is free on all orders over $100. For all other orders, shipping is $15.
For more on shipping, read here.
Product details
- Reflective Signature coated canvas and refined calf leather
- Zip closure, fabric lining
- Outside zip pocket
- Adjustable strap with speedclip for wear at waist
- 12 1/4" (L) x 4 3/4" (H) x 2 3/4" (W)
- Style No. 79047
Product Care
Love your leather, and it'll love you forever. To help preserve the beauty of your bag over time, we offer free lifetime leather care at our Coach Retail stores. Simply call to make an appointment, and we'll professionally clean and condition your bag while you shop (tip: bring a back-up bag for your belongings). We recommend this service every three months.
You can also clean and condition your bag at home by purchasing our Coach Leather Cleaner and Coach Leather Moisturizer.
Note: Coach Leather Cleaner should not be used on Sport Calf, suede or haircalf leathers. Coach Leather Moisturizer should not be used on buffalo, calfskin, suede or haircalf leathers.
Coated Canvas and Fabric/Jacquard
Clean with our Signature Fabric Cleaner. You can do this at home by purchasing our cleaner here.
Clean with a suede brush and suede eraser. Use the eraser to gently rub away spots and the brush to remove surface dirt and scuff marks and to revive the nap.
Do not expose to water or moisture. If the leather gets wet, immediately wipe dry with a soft cloth, wiping with (not against) the direction of the scales.

subset: commoncrawl


text:
Dry weather, followed by rain, then sunny again: with unpredictable weather conditions and a grid with 47 cars, the Lamborghini Blancpain Super Trofeo Europe has started today in Monza. The show was not certainly missed, with a lot of new features which marked this extraordinary start of the season 2016. As evidence of this, the fact that Race 1 was won by the young Dane Dennis Lind at his debut in the one-make series dedicated to the cars of the company of Sant'Agata Bolognese.
The driver of the team Raton Racing, who turned 23 last February, after setting the fourth position in the first round of qualifying, managed to leave all the other cars behind; starting from the new crew of the Orange 1 Team Lazarus formed by Nicola De Marco (on his return to racing after a two-year stop and author of the first driving stint) and Fabrizio Del Monte, who were in first position before swapping seats.
Instead, it was the Latvian Harald Schlegelmilch (Artline Team Georgia) who took the last step on the podium and was already very fast in the second qualifying session, during which he set the fastest times.


text:
Hmmmm…. I really don't know what to make of this video that takes place in what I think is a Thai zoo.
So (mostly) petite, Asian women are dangling colored trash bags filled with God knows what over tigers while they stand in the same enclosure. And they find it hilarious? Let's put this idea into my handy list of "THE SMARTEST, SAFEST THINGS I'VE EVER SEEN" along with flaming vodka shots and parkour-ing over high rises.
(via Videogum)


text:
Just about ready to embellish and quilt up "The Leyton Reminiscence Quilt" by RAGWORKS. As you were, son.
RAGWORKS uses completely recycled textiles.
Here you will see chapel windows which serve as air-vents for a Turkish barber's salon. Chimney pots and paraffin kiosks (remember them?) sit comfortably with public baths, church steeples and mosque domes. There's Hollow Pond before the July burnings. And there's more….. coming to an exhibition near you.
Even though it's too hot to sew, the heat is on!
Look out for Lloyd Park Sharing Heritage RAGWORKS wall-hangings. Busy bees.


text:
Thursday, December 11, 2008
Valentine Vixen #3 - Final
I knew I wouldn't leave her alone. A few changes: I added the hearts on her stockings and shoes. I also changed the background as well as saturated her colors and darken them a bit. Just a little pop. And the faux plaid pattern on her skirt was added. Not too much really but I like it better now. :)
3 comments:
- Brian Jones said...
OK....I admit it I was wrong when I said I wouldnt change a thing. Nice extra touch to an already beautiful piece Gene! :)
- December 12, 2008 at 12:11 PM
- Royce Thrower said...
What Brian said!!
- December 12, 2008 at 8:49 PM
- Robin/Harleychick said...
The hearts are a great touch!!
She is a beauty~~ xo
- December 16, 2008 at 9:43 AM
Subscribe to: Post Comments (Atom)


text:
In April 2017, the Gardening Australia show included a segment on "A Thriving Community", featuring Genesis by The Green Swing. It is where I live.
Of course for a gardening show, the focus was on the open and green spaces that are such an important element of our suburban community.
These open and green spaces include our individual private courtyards, but, in co-housing style, most of the open and garden spaces are shared. We have productive gardens at the rear with fruit trees, a couple of raised garden beds and of course the shed. At the front of the development are native gardens; we also re-vegetated the verges. And then of course we showed Josh the community sump garden which Josh planted the seed for in early 2010.


text:
Your Memory Improves After Sleep Apnea Therapy
The many patients with obstructive sleep apnea (OSA) may improve their memory by using continuous positive airway pressure (CPAP). A new study published in the December issue of CHEST, the peer-reviewed journal of the American College of Chest Physicians (ACCP), shows that the majority of patients with OSA, who were memory-impaired prior to treatment, and thought to be caused by sleep deprivation, demonstrated normal memory performance after 3 moths of optimal CPAP use. The study also showed that memory improvement varied based on CPAP adherence. Patients who used CPAP for at least 6 hours a night were nearly eight times as likely to demonstrate normal memory abilities compared with patients who used CPAP for 2 or fewer hours a night.
"Patients with OSA often complain of daily forgetfulness, e.g., losing their keys, forgetting phone numbers, or forgetting to complete daily tasks," said senior study author Mark S. Aloia, medical and research center in Denver, CO. "Where memory is concerned, we may have the ability to reverse come of the impairments by providing effective and consistent use of CPAP treatment.
Dr. Aloia and colleagues examined the degree to which varying levels of CPAP adherence improved memory in 58 memory-impaired patients with clinically diagnosed OSA. All patients underwent cognitive evaluation involving verbal memory testing prior to initiation of CPAP and at a 3-month follow-up visit. Patients were prescribed CPAP machines, and adherence was covertly monitored using internal microprocessors within each device. After treatment, patients were divided into three groups based on their 3-month CPAP Adherence: (1) poor users, patients who averaged fewer than 2hours/night of CPAP use; (2) moderated users, patients who averaged 2 to 6 hours/night of CPAP use; and (3) optimal users, patients who averaged more than 6 hours/night of CPAP use.
At baseline, all patients were found equally impaired in verbal memory, with the average verbal memory score being approximately 2 SD below the mean for all participants. Following 3 moths of CPAP treatment, 21 percent of poor users, 44 percent of moderate users, and 68 percent of optimal users demonstrated normal memory performance. Compared with poor users, optimal users of CPAP were nearly eight times as likely to demonstrate normal memory abilities. Overall, the average memory score for all patients improved approximately 1 SD.
"Moderate use of CPAP may help, but it might not allow patients to reach their full potential recovery where memory is concerned, especially if memory is impaired at baseline," said Dr. Aloia. "For patients with OSA, the more regularly and consistently they use CPAP, the better off they will be." Dr. Aloia believes that getting patients to use CPAP at least 6 hours a night could be a challenge for physicians.
"Our findings also suggest that this optimal level of CPAP adherence is uncommon following 3 months of treatment," said Dr. Aloia. "We need to find ways of encouraging patients to use their treatment all night, every night in order to optimize treatment response."
"CPAP has proven to be an effective treatment for patients with OSA, yet adherence to treatment remains poor, "said Mark J. Rosen, President of the American College of Chest Physicians. "Physicians should educate their patients with OSA about the importance of using CPAP consistently and discuss ways to overcome obstacles to adherence."


text:
After debating ways to make the public comment session of council meetings more effective and less prone to abuse, the council piloted a program this week by creating a literal strawman council to hear public comments.
"The public comment sessions were getting really tedious," said Councilor Josh Denton. "I know Jack [Blalock]'s eyes would start to glaze over after about 20 minutes. We had to do something."
The creative solution was dreamed up in a hallway meeting – to just build some councilors out of straw and tell everyone that the public comment would be a day after the real city council meeting.
"It was hard getting it right," said Councilor Dwyer. "We wanted to make sure it was convincing, and Nancy [Pearson] just always looks so fabulous – feminine but hinting at a capability for great and sudden violence. It was hard to pull off her style with just hay, burlap, and flannel."
Despite the setbacks, sure enough, at 7pm on Tuesday July 11th, the usual ten or so public comment regulars showed up to the silent glares of lovingly-placed button eyes. The meeting went on for 4 hours before the comments finally ceased. Dwyer cued a pre-recorded call to order from her ipod over the council chambers PA and sat back to watch what unfolded.
"Just look at these poor fuckers," said City Manager John Bohenko, watching from the CCTV lair and developer bribe acceptance suite on top of the police station where he monitors every Portsmouth citizen and also accepts bribes from developers to ruin Portsmouth. "They're totally buying it," he adds, sitting atop his golden swivel office chair.
Citizen reactions were mostly positive.
"The overall meeting was just great tonight," said frequent speaker Esther Kennedy. "I really feel like the council was listening to what we had to say, for once. I thought they were going to cut us off, but they never did. I feel like [Jane] Zill and I made excellent points now that we have more than three minutes. They even let me bring out my cork and yarn board."
"At first I thought it was ridiculous," explained Brian Kelly, young idiot. "They never told her to stop! I usually think rules are important unless it's me, so I was ready to say something. I was feeling really discouraged. Then it dawned on me – their reactionless silence is intended as a parody of the state of discourse in Portsmouth. It was a piece of performance art, really."
"The only one who said anything was Councilor [Jim] Splaine," said Kennedy, "who was enlightening as usual, and you barely notice his robot eye anymore."
"You can always count on Jim to wait patiently for his turn to speak, and that's almost like listening." added Zill.
When asked why Councilor Splaine was the only one in attendance, Mayor Blalock exclaimed, "Oh fuck, we forgot to tell Splaine! Well, I guess it all worked out."


text:
Recent Posts
Recent Comments
John Pratt Booker on We are all Trayvon, We are all… maria on New world, new tools
Heartwing Education
Sites to Visit
Tag Archives: spirituality
Celebrate Our First Ordination & Graduation!
Heartwing Education is pleased to announce our first Ordination and Graduation Celebration October 4, 2013 at Lost Dutchman State Park, Apache Junction, Arizona. Stefanie Atchison, Kathryn Ortiz, and Rhonda Jackson will receive their Certificates in Practical Mysticism. Kathryn Ortiz and … Continue reading
Posted in Uncategorized Tagged blessing, community, graduation, mysticism, ordination, spirituality Leave a comment
How may I serve?
How may I serve? Through this medium, you can see some of what I offer as an educator for informing and deepening your knowledge and awareness. As a minister, I also offer life-event rituals (infant naming/blessing, marriages, end-of-life/transition, funerals, etc.), … Continue reading
Posted in Uncategorized Tagged community, minister, service, spirituality Leave a comment
We are all Trayvon, We are all George
Dear ones, One may only speak for oneself and offers this in response to a posting in a mail group about the silence surrounding the Not Guilty verdict in the Zimmerman trial. Shock can silence us until it passes. Even … Continue reading
Posted in Uncategorized Tagged equality, guns, justice, peace, racism, spirituality, violence 1 Comment
Must we be sad as we age?
An intriguing question came up in an online group today and I found there was much to be said. The question and my response follows: What helps sustain faith and optimism in the world we are living in today. Do … Continue reading
Posted in Uncategorized Tagged community, seniors, sobriety, spirituality Leave a comment
Say Yes, Hang On!
My ordination anniversary comes around again and the memories arise. It was a long-awaited day and in the moment the baraka, the blessing poured through the shiny soul ordaining me there was nothing but that moment. There was light. There … Continue reading
Posted in Uncategorized Tagged heart, learning, spirit, spirituality, teaching Leave a comment
Heartwing Study Circle – Monday evenings
We remind you that the Heartwing Study Circle meets every Monday at 6 p.m. for zikr, sohbet, not infrequently a meal or desert, and sharing our heartspace. Each week, our work is supported by, "A Bowl of Saki," "Gathekas," by … Continue reading
Posted in Uncategorized Tagged community, learning, spirituality Leave a comment
Soul Can't Be Sold, Wisdom Can't Be Bought
This, "reality show," approach to life is getting stupid. People have to compete to prove they're a good person doing good works? Really? Don't we remember what happens every time humans play the, "my (religion/beliefs/practices) are better than yours," game?Why … Continue reading
Posted in Uncategorized Tagged community, growth, spirituality Leave a comment


text:
There are two deeds in the "Complete 'Credit Under' Land Entry of James Shores, assignee of Thomas J. Rampley" of Coshocton County, Ohio. Both are dated 21 April 1829. One transfers interest in the patent from Thomas Tipton to James Shores. The other transfers title in the patent from James Shores, Administrator of the Estate of Thomas J. Rampley, deceased, to Thomas Tipton. Both list the same property (part of section 5 in what is now Jackson Township, Coshocton County, Ohio) that is described in Thomas J. Rampley's "Complete 'Credit Under' Land Entry." Copies of both deeds are contained in the records of the complete claim file at the National Archives.
|Part of the patent to James Shores obtained on the Bureau of Land Management website.
There's a reason and the reason is that the deeds are not parallel. They also need to be viewed in the proper order. Both are dated the same date, but one was executed first--the one from James Shores.
The thing is, it was not James Shores who really executed the deed. It was James Shores in his capacity as administrator of the estate of Thomas J. Rampley who deeded the equitable interest in the land claim to Thomas Tipton. Then, Tipton immediately deeded that interest to James Shores in his own right. This was not done to confuse researchers nearly 200 years later.
|part of the 21 April 1829 deed from Thomas Tipton to James Shores, obtained in the "Completed "credit under" Land Entry" of James Shores, assignee of Thomas J. Rampley; National Archives
It was done to keep the title clean and appease the General Land Office. It would have looked odd if Thomas Shores as administrator had deeded the land to himself, particularly since there were heirs of Thomas Rampley who had an interest in the property upon his death. And there were heirs: Thomas' widow, Christianna, and several children--including the wife of James Shores.
Tipton was what is referred to as a "straw man." The intent was never to have him actually own the property in question. The deed to him and the deed from him served to clearly give Shores title and document the payment.
The order of the deeds matters--the deed from Shores was first. The description of Shores matters as well--words like "administrator" are not thrown around in documents willy-nilly.
Citation reminder: We are a strong believer in citing genealogical source material in the spirit of Evidence Explained. However, we choose not to include properly formatted citations in these blog posts. There's always enough information in the post to create a citation and full citations are included in my how-to newsletter Casefile Clues.


text:
Casa Andina Select Miraflores
From the airy lobby to the bright, contemporary rooms, Casa Andina Select Miraflores is the ideal base to explore bustling Miraflores — or to simply enjoy a relaxing vacation. Whether you are visiting for business or leisure, you will be greeted by friendly staff and enticing amenities. Sip a perfect pisco sour cocktail. Soak in the hot tub on the terrace. Get your hair done in the salon. It is a prime location to discover the city's markets, shops, restaurants, and nightlife.
- Perfect for exploring Miraflores' shops, bars, and restaurants
- Workout in the fitness center, indulge in a spa treatment, or unwind in the Jacuzzi
- Meet clients or deliver a winning presentation in modern meeting spaces
- Each of the 155 rooms has deluxe bedding, sound-proof windows, and blackout curtains
- Try local and international favorites at the hotel's La Plaza Bar & Grill
- The hotel's ideal location is within 10 minutes of prime attractions such as Larco Avenue, Kennedy Park, and Sala Luis Miro Quesada Garland Museum
Staying in the middle of upscale Miraflores, you will discover Lima's important attractions, shopping, dining, and entertainment. Stroll along the city's most famous shopping streets, where you can buy beautiful authentic handicrafts, leather goods, and Alpaca knitwear. Then spend the afternoon discovering Peru's fascinating history at nearby Huaca Pucllana.
Get instant benefits with I Prefer Hotel Rewards at more than 700 hotels in over 85 countries
- Free Internet
- Room Upgrade*
Priority Early Check-in
Late Check-Out*
Member Rates
Points For
Free Nights
Large windows flood each of the 155 spacious, air-conditioned rooms with light, while historic photos of Peru hang on the whitewashed walls of traditional rooms, junior suites, and suites across 11 floors. Catch up on work at your desk and indulge in a deep-soaking tub. Cozy bedding, soundproof windows, and blackout curtains add to a good night's sleep, and iPod dock alarm clocks are on hand to help you wake up for new adventures.
Combining friendly service with knowledgeable staff and an enviable location, the Casa Andina Select Miraflores makes leisure and business easy. Its impressive meeting and event spaces set a great stage if you're hosting clients; the hotel's neighboring suburb San Isidro is the city's financial center and the headquarters to some of Peru's largest companies.
After experiencing the sights, sounds, and smells of Lima, discover its local tastes. From Peruvian-Japanese fusion favorite Maido — considered one of the continent's best fine-dining options — to restaurants focused on showcasing local produce, you'll see why Peruvian cuisine is the talk of the culinary world.
Take a seat at one of the sleek high tables and ask the bartender what makes their pisco sours — Peru's national drink — so tasty.
Miraflores also boasts enough restaurants to suit every taste and budget. Try the world-renowned Maido, or Central, or the water-side El Señorío De Sulco for delicious criollo cuisine.
Get your heart rate up with a workout in the hotel's fully-equipped fitness center and then recover with a relaxing massage or spa treatment. It's a great day to start or end your day of exploring the area.
Miraflores offers the best of modern Lima, with chic shops, bars, and restaurants. Head north to see the Casa de Aliaga, the oldest colonial mansion in Lima, and enjoy a tour of the immense Cathedral of Lima. On your return, travel back in time at Huaca Pucllana, one of Lima's most important ancient monuments, built around 500 AD. BBack at the hotel, dine at the restaurant to see why Peruvian food has such a glowing worldwide reputation.
Casa Andina Select Miraflores
Casa Andina Select Miraflores is a prime location for exploring Lima. A stone's throw from the beach and within easy reach of the historic center, the hotel is only two blocks from lively Larco Avenue – one of the city's most elegant streets. Kennedy Park, and San Isidro, the city's financial center, are also in close proximity. Lima Convention Center, a regular host of major international events, is also nearby.
what3words Address
Jorge Chavez International Airport (LIM) is 11 mi / 18 km away, and the journey typically takes 45 minutes.
Complimentary on-site parking at the hotel makes zipping to and from the airport or other city attractions as easy as catching a taxi.