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Contempt Of Court, Because Of Its Controversial Nature, Has Created Contradictory Opinions Among The Jurists As Well As Scholars. The Contempt Jurisprudence With The Common Law Origin Has Been Transmitted Into The Indian Jurisprudence By The Courts Of Record Through Several Charters. Our Constitution Has Acknowledged And Accepted This Jurisdiction By Conferring The Status Of Court Of Record To The Supreme Court And High Courts. A Country Embedded In The Concept Of Rule Of Law Should Give Due Respect To The Law And The Organ Which Applies The Law And Administers Justice. This Organ Which Possesses Neither The Muscle Power Nor The Money Power Has To Extract Due Obedience To Its Orders Only Through This Jurisdiction. But Difficulty Arises When This Jurisdiction Clashes With The Invaluable Rights Of Citizens As Well As Those Of The Press, As Enshrined In The Constitution. It Becomes All The More Difficult When It Interferes With The Functioning Of Administrative Authorities, Corporations And The Like. It Poses Different Questions. What Constitutes A Contempt Of Court? When And How This Jurisdiction Has To Be Exercised? In What Way Is The Judiciary, One Of The Organs Of The State, Justified In Controlling Other Organs Of The State And Also Rights Of Citizens In The Name Of Contempt Jurisdiction?No Indepth Study Has Been Undertaken So Far To Ascertain The Answer To The Above Questions. The Author Has Made Sincere And Humble Attempt To Cull Out Answers To The Above Questions In The Light Of Judicial Interpretations.The Concept Of Criminal Contempt, Which Includes Prejudicing Fair Trial Or Interfering With The Administration Of Justice Or Scandalising The Court, Is Analysed In Relation To The Rights Of Individuals And Those Of The Press. The Concept Of Civil Contempt, Which Includes Disobedience To The Orders Of The Court Or Breach Of An Undertaking, Is Analysed In Relation To The Administrative Authorities And Corporations, Individuals And Subordinate Judiciary.The Existing Political And Social Scenario Requires A Comprehensive Understanding Of This Branch Of Law To Eliminate Its Possible Misinterpretation. It Is Hoped That The Observations And Suggestions Made By The Author Will Be Of Immense Help And Of Use For Students, Lawyers, Law Teachers And Administrators.
Working with Bengali mentors, especially his close friend A. B. Ghose, Sir John Woodroffe became the pseudonymous orientalist Arthur Avalon, famous for his tantric studies at the beginning of the twentieth century. Best known for The Serpent Power, the book which introduced 'Kundalini Yoga' to the western world, Avalon turned the image of Tantra around, from that of a despised magical and orgiastic cult into a refined philosophy which greatly enhanced the prestige of Hindu thought to later generations of westerners. This biographical study is in two parts. The first focuses on Woodroffe's social identity in Calcutta against the background of colonialism and nationalism - the context in which he 'was' Arthur Avalon. To a very unusual degree for someone with a high position under the empire, Woodroffe the British High Court Judge absorbed the world of the Bengali intellectuals of his time, among whom his popularity was widely attested. His admirers were attracted by his Indian nationalism, to which his tantric studies and supposed learning formed an important adjunct. Woodroffe's friend Ghose, however, was the chief source of the textual knowledge in which the 'orientalist' scholar appeared to be deeply versed. The second part of this study assesses Woodroffe's own relationship to Sanskrit and to the texts, and highlights his very extensive but gifted use of secondary sources and the knowledge of Ghose and other Indian people. It examines the apologetic themes by which he and his collaborators made Tantra first acceptable, then fashionable. Partly because of his mysterious pseudonym, Woodroffe acquired a near legendary status for a time, and remains a fascinating figure. This book is written in a style that should appeal to the general reader as well as to students of Indian religions and early twentieth century Indian history, while being relevant to the ongoing debate about 'orientalism'.
This book traces the life of M N Roy from his early years, to the Russian Revolution of 1917 which deeply drew him to Marxism and led him to found the first Communist Party outside Russia in Mexico in 1919. It takes us through his deep involvement with Marxism, and his subsequent disillusionment with Lenin and the autocratic nationalist and colonial aspects of Marxist thought, to his belief in democracy and commitment to a scientific, humanist and moral kind of socialist thought.