What is the correct course to follow when we are faced with a decision which decides in a particular way but does not refer to any statutory provision, decides contrary to statute or ignores re...

What is the correct course to follow when we are faced with a decision which decides in a particular way but does not refer to any statutory provision, decides contrary to statute or ignores re...

According to Sir John Salmond, A 'Precedent' is said to be a Judicial decision which contains its principles. The stated principle which thus forms its authoritative element is called the Ratio...

The interesting observations of the Chief Justice of India during the Commonwealth Attorneys & Solicitors General Conference (CASGC), 2024, to the effect that Law Officers of the State must...

The Principle Of Retrospectivity Of JudgmentsA retrospective (from Latin retrospectare, "look back"), generally, is a look back at events that took place, or works that were produced, in the past...

The provisions of Rule 328 of the J&K Motor Vehicles Rules, 1991 makes it amply clear as to how the provisions of Order XLI of the Code of Civil Procedure, 1908 apply to appeals under Section 1...

The Employees' Compensation Act, 1923 provides for payment of compensation to certain classes of employees (other than one covered under Employees' State Insurance Act, 1948) for injury by acci...

Asserting its power to turn the clock back, the Supreme Court came down heavily on the Ladakh Union Territory administration run by the Bharatiya Janata Party-led Union Government for denying t...

Question of Law "Whether the Insurance Company can be held liable to answer the claims of persons who are either "Unauthorized Passengers" or "Gratuitous Passengers" in a "Goods Vehicle"? I...

Whether, for working out compensation under Motor Vehicles Act in the case of a bachelor, selection of multiplier is to be made by reference to the age of the deceased or that of the claimant? ...

The Flag Code of India, 2002 opens with a declaration that the Indian National Flag represents the hopes and aspirations of the people of India, and it is a symbol of our National Pride. The H...

Preamble Without God One of the last issues vigorously debated in the Constituent Assembly in October 1949 was the framing of the Preamble. B. R. Ambedkar proposed "We, the People of India …...

The word 'Perjury' is derived from the Latin word perjurium. 'Perjurium' was referred to as a sin but not as a public wrong. It was dealt with invoking God to bear witness to the truth of the s...

It is not an exaggeration to state that any form of Corporal punishment is evil, degrading, unjustifiable and a gross violation of the rights of children. Corporal punishment, also interchangea...

Exclusive And Wide-Ranging Powers Provided To The Trial Courts Under Section 216 of Cr. P. C To Add Or Alter Charges At Any Time, Even After Reserving Judgment; Supreme Court Whether the Cha...

The State is an artificial juristic entity and like any other juristic entity it can employ persons to discharge its functions. Since India has adopted a federal constitutional structure and sc...

It is axiomatic that tobacco smoking is hazardous to health. According to the World Health Organization, tobacco consumption is one of the leading causes of death, illness and impoverishment in...

Abusing someone is an act of using foul language intended to disrespect the victim of such abuse. It is often verbal in nature but can assume other forms too. Such a practice is not acceptable ...

Marriage being regarded as a sacrament under Hindu Law is also believed to be made in heaven. This leaves one with the question: does the sacramental nature make it eternal or indissoluble, or ...

As it is, pending litigation has been a pandemic too. Nani Palkhivala once said, "Law may or may not be an ass; but in India it is a snail - it moves at a pace which would be regarded as un...

The State is an artificial juristic entity and like any other juristic entity it can employ persons to discharge its functions. Since India has adopted a federal constitutional structure and sc...

How Did The Tricolour Reach This Present Form? Were There Other Flags Before It? If Yes, How Did They Look And Who Designed Them? History & Evolution Of The Indian Tricolour Mahatm...

Key Highlights The Flag is Hoisted on Independence Day from the bottom of the Flag post to the top to mark the country's independence from British Rule. The Flag is tied on the top of the...

Discharge in legal criminal parlance is defined in Black Law Dictionary as:The opposite of charge; hence to release; liberate; annul; unburden; disencumber as opposed to its meaning in contract...

In every system of government, the effective Justice Delivery Mechanism is a permanent and necessary condition of peace, order, civilization and governance of the country. Just as pollution poi...

"You cannot force someone to respect you, but you can refuse to be disrespected" A quote, by someone unknown, truly encapsulates the natural principle of human tendencies, which,...

The history of High Courts in India traces back to the period of British Raj. The Britishers came to India as traders but soon established foothold over the Indian mainland and consequently bec...

"No law or ordinance is mightier than understanding." - Plato Every individual living in a society understands the value of law. Law may be understood as a tool to keep the society peaceful an...

The underlying principle based on which the Code of Civil Procedure, 1908 functions is Ubi Jus Ibi Remedium that signifies where there is a right, there is a remedy. The concept of Mesne Profit...

The Constitution of India guarantees various rights to a Prisoner or a person in custody under Articles 20, 21 and 22 of the Constitution of India. The Supreme Court of India has interpreted cert...

What is delimitation and why is it needed?Delimitation is the act or process of fixing limits or boundaries of territorial constituencies in a country or a province (State or Union Territory) hav...

The text of Mahabharata says that path is the right path which has been followed by virtuous men. The concept of precedent is based on this theory. The edifice of the common law is made up of Jud...

The Law of Injunction in India has its origin in the Equity Jurisprudence of England who too in its turn borrowed it from the Roman Law, wherein, it was known as Interdict. The Roman Interdicts w...

"Judges must enforce the laws, whatever they be, and decide according to the best of their lights; but the laws, are not always just, and the lights are not always luminous." ...

The equitable remedy of Injunction bears such a marked resemblance to certain forms of the interdicts, which were granted by the Praetors under the Roman Law, that it has been said by some auth...

In each cultivated society there are two arrangements of laws that administer the lives of citizens: meaningful laws and procedural laws. While meaningful laws decide the rights and commitmen...

So long as there's a mindset that the home is a private space even when it's a workplace, and domestic work is just house work and not ‘proper' work, the apathy of the State towards the pli...

OathThe oath, perhaps the oldest means for encouraging truthful testimony, forms a link between court proceedings and religious belief since, in its usual form, the witnesses swear by Almighty Go...

Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to compel appearance. The said Chapter is divided in Four Parts. Part ‘A' relates to summons; Part ‘B' rela...

Every Saint Has A Past; Every Sinner Has A Future – Oscar Wilde Historical Background of Prison and PrisonersThe word Prison doesnt means to use sudden force or to cage. The Prison is an o...

What Is Sedition?According to Section 124-A of the Indian Panel Code, 1860, Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempt...

Road accidents occur due to multiple causes such as rash and negligent driving, the use of mobile phones on the go, drunken driving / consumption of alcohol / drugs, overloaded vehicles, poor...

Strangely unique that a Chief Minister lost her seat, but the party registered a bigger victory than achieved in the previous Assembly Election. West Bengal Chief Minister Mamata Banerjee earned ...

Hard cases make bad law. Black's Law Dictionary defines a 'hard case' as a law suit involving equities that tempt a Judge to stretch or even disregard a principle of law at issue. The costs of...

Strangely unique that a Chief Minister lost her seat, but the party registered a bigger victory than achieved in the previous Assembly Election. West Bengal Chief Minister Mamata Banerjee earne...

Whether the relatives & friends of Patients admitted in Hospital/Hospitals with Covid-19 or Patients having contracted the disease whilst in Hospitals after getting admitted for some other ma...

The adage, Funerals are for the living, not the dead, you may be tempted to consider relinquishing control over what happens after your death to your descendants. After all, it is your loved ones...

Part III of the Constitution of India guarantees certain fundamental rights to the citizens of India as well as other persons residing in India. These fundamental rights are guaranteed only again...

The Supreme Court in Criminal Appeal No. 472/2021 titled Sanjay Kumar Rai Vs State of Utter Pardesh & Anr., held that orders framing charges or refusing discharge are neither interlocutory no...

Constitutional & Statutory Provisions for ContemptThe Rule of Law is a foundational feature of Constitution of India and the right to obtain judicial redress is a feature of its basic structur...

With the best interests of under trial prisoners in mind, Section 436-A of the Code of Criminal Procedure, 1973 was brought in. The intent behind the new Section was to uphold the rights of impri...

[P]eople by and large have lost confidence in the criminal justice system�.. Victims feel ignored and are crying for attention and justice. Introduction The victim constitutes the most...

Summary Judgment, as the combination of two words suggests, is an outcome of a case decided summarily, based on the documentary evidence produced before the Court by the parties, without going fo...

Crime takes an enormous physical, financial and emotional toll on its victims. On November 29, 1985, the General Assembly of the United Nations adopted the Declaration of Basic Principles of Just...

The provisions of Sections 225, 301 and 302 are in consonance with the concept of fairness of trial as enshrined in Article 21 of the Constitution of India. Constructing a right to prosecute a pe...

Many a times, parties to a contract find, much to their dismay, that some parts of their contracts are not legal and valid and, therefore, unenforceable. In such a situation, the question that ar...

The Hon'ble Supreme Court, in Civil Appeal No. 3397 of 2020 titled titled Branch Manager, Bajaj Allianz Insurance Company Ltd. & Ors. Vs Dalbir Kour, decided on October 09, 2020 observed that a ...

Basis of DoctrineThis Doctrine of Severability is also known as the Doctrine of Separability. The word to the extent of the inconsistency or contravention makes it clear that when some of the p...

The Constitution of India is a living document as per the old saying and, therefore, one can find a culture of Invention-ism in the reading or interpretation of the Constitution. The supreme law...

Since 2009, the victim has officially entered in the textbook of Criminal Law. For the first time, a victim is defined under Section 2 (wa) of the Code of Criminal Procedure, 1973 as a person w...

Doctrine of proportionality finds its place in the Administrative Law and is used at the stage of Judicial Review. The doctrine assets that there must be a reasonable nexus between the desired re...

The Supreme Court recently, Vide Judgment & Order dated July 14, 2020 in Civil Appeal Nos. 20825-20826 of 2017 titled Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal & Ors., gave finality ...

In recent decisions, the Single Bench of the J&K High Court & Delhi High Court held that, in service matters the High Court lacks original jurisdiction under Article 226 of Constitution of India ...

In Criminal Justice System from the initial stage of investigation some time it happens that those who are actually committed the offence easily escape the boundaries of  Penal Law, by one way o...

By giving up the traditional theory of 'laissez faire' and the Police State, now the State has become not only a Welfare State but more so a progressive democratic State. As a result, State start...

The people are the focal point for the State in a democracy. The rights and welfare of the people need to be constantly kept in view by the legislature while making the laws and by the executive ...

To Constitute Civil Contempt, It Must Be Established That Disobedience Is Wilful, Deliberate And With Full Knowledge Of Consequences: SCSection 2 of the Contempt of Courts Act, 1971 Section 2 (a)...

The Contempt of Court is a matter concerning the fair Administration of Justice, and aims to punish any act hurting the dignity and authority of Judicial Tribunals. Although it is difficult to ac...

I. General Principles Under Order I Rule 10 Of Code Of Civil Procedure, 1908: Order I Rules 9 & 10 of the Code of Civil Procedure, 1908 read as under: 9. Misjoinder and non-joinder:No Suit shall be...

The Doctrine of Promissory Estoppel is an equitable doctrine evolved to avoid injustice and though commonly named Promissory Estoppel, it falls in the sphere of neither contract nor estoppel. Thi...

Brief History and Origin of Res Judicata Res Judicata Pro Veritate Accipitur is the full Latin maxim which has, over the years, shrunk to mere Res Judicata. The concept of Res Judi...

Section 157 of Code of Criminal Procedure, 1973 deals with the procedure for investigation, which is reproduced verbatim as under: 157. Procedure for investigation preliminary inquiry. (1) If, ...

A Constitution Bench of the Supreme Court recently in the case of [New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., MANU/SC/0272/2020] held that the time period to file...

The Limit of Ninety Days is Directory:A catena of Judgements by the Hon'ble Supreme Court of India, interpreting Order VIII Rule 1 of the Code of Civil Procedure, 1908, had settled the position t...

Legal Profession, which is otherwise called as Noble Profession, is the only profession, where genuine Practitioners are glorified with the title Learned, which denotes possession of skills not o...

Nature of the Directive Principles Of State Policy - Contours of the Context and Content Directive Principles of State Policy enjoined in Articles 36 - 51 of Constitution of India are in the natu...

The Supreme Court said it takes with utmost seriousness the sensitive task of balancing national security and human rights and referred to its earlier Judgement in which it held that: the degree ...

Article 226 of Constitution of India confers a power of judicial review on all the High Courts of India. It enables them to issue to any person or authority, including in appropriate cases any Go...

Why the need was felt The 1896 bubonic plague epidemic of Bombay (now Mumbai), which began in September that year and gradually spread to most parts of the sub-continent, is a well-known major ev...

Components of the Independence of the JudiciaryThe term separation of powers or trias-politica  was initiated by Charles de Montesquieu. For the very first time, it was accepted by Greece and t...

The Supreme Court in Civil Appeal No. 6110 of 2009 titled Basir Ahmed Sisodiya Vs Income Tax Officer, held that that the addition under Section 68 of the Income Tax Act, 1961 is needed to be quas...

Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to compel appearance. The said chapter is divided in four parts. Part A relates to summons; Part B relates to warrant of ...

Man, whether in the role of a son, a father or a husband, has a socially embedded duty to provide for the well-being – physical as well as financial - of his elderly parents, children and ...

The Constitution of India is the cornerstone of a liberated nation. Constitution of India is the soul of our country India - the Union of States. It is supreme lex of India. It is a symbol of Uni...

It was unwise for a Chief Justice of India, whose controversial tenure strengthened the perception that the Judiciary could not take on the Government on crucial issues, to have accepted the of...

Section 9 of the Code of Civil Procedure, 1908 recognizes the power of ultimate jurisdiction of the Civil Courts to try all Suits of civil nature. But this power is subordinate to the provisions ...

The Sky is like Father The Earth is like Mother and The Space as Their Son The Universe consisting the Three is like a Family and Any kind of damage done to any one of the Three Throws the Universe...

Corona Virus (COVID 19) has engulfed the World into an unprecedented crisis forcing most of the countries to enforce lockdown which appears to be the only option to control and contain spread of ...

The Executive Magistrate at any time after making the order under sub-section (1) of Section 145 in the Code Of Criminal Procedure, 1973 considers the case to be one of emergency, or if he decide...

Historical background in enacting the Epidemic Diseases Act, 1897 and its application to FIGHT COVID19 PANDEMIC On March 24, 2020, Prime Minister of India Narendra Modi announced a nation-wide l...

It was unwise for a Chief Justice of India, whose controversial tenure strengthened the perception that the Judiciary could not take on the Government on crucial issues, to have accepted the offe...

The Supreme Court reiterated that a Magistrate is not obliged to hear the accused before any direction for further investigation is made under Section 173 (8) of the Code of Criminal Procedure, 1...

The Preamble to Constitution of India (in brief, Preamble) is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all...

The place of Justice is a hallowed place, and therefore not only the Bench, but also the foot space and precincts and purpose thereof ought to be preserved without scandal and corruption. - ...

The Supreme Court reiterated that the relevant date for the determination of compensation along-with interest at the rate of 12% payable under Employees Compensation Act 1923 is the date of the a...

Under Common Law there was no right to claim damages in case of death. Right to claim damages was however always recognized in case of personal injury. After the advent of the rail and road trans...

In Criminal Appeal No. 770 of 2009 titled Anjana Agnihotri , Vs. State of Haryana, directed against the Judgment dated 23.04.2008 of the Punjab & Haryana High Court, whereby, the High Court uphel...

Declaring that access to the Internet is a constitutionally protected right under Article 19 (1)(a) of Constitution of India, the Supreme Court ordered the Jammu & Kashmir Administration to revie...

An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days ...

Section 144 of Criminal Procedure Code, 1973 gives power to a District Magistrate, a Sub - Divisional Magistrate or any other Executive Magistrate on behalf of the State Government to issue an or...