Questions

Is Union of India a legal entity?

Is Union of India a legal entity?

Under Article 300 of the Constitution it is provided that the Government of India may sue or be sued by the name of the Union of India. Under Article 1 of the Constitution, the Union of India has been created as a legal entity.

Which authority has the jurisdiction to decide the legality of such transactions and what are the powers of such authority?

The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.

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What is the difference between Union of India and territory of India?

With reference to the government in India, the two terms namely “Union of India” and “Territory of India” have specific meanings. i.e. the territory of India covers the entire trritory over which Indian sovereignty is exercised while Union of India covers only the federal system.

What happens when there is a clash between state and union law?

In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law.

What does it mean when a court decides to distinguish a case?

Lawyers and Judges Distinguish Cases to Explain Different Legal Results. When an attorney (or a judge) distinguishes a case, we mean that the lawyer is explaining why one case is different from another case. Remember, in the common law tradition, cases which present similar facts should have similar results.

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Who is the respondent in a name change case?

The next four variables identify the parties to the case. “Petitioner” refers to the party who petitioned the Supreme Court to review the case. This party is variously known as the petitioner or the appellant. “Respondent” refers to the party being sued or tried and is also known as the appellee.

Is it possible to sue a country?

These days it seems you can sue just about anybody and anything. The one place in the judicial system where it remains hard to take legal action is against individual countries. They’re covered by what’s known as sovereign immunity. Stephen Vladeck is a professor of law at the University of Texas.

What type of cases are decided by under civil law?

Divorce cases, rent matters and sale of land cases are decided under Civil Law.