Doctrine of Due Process of Law Table of contents Introduction: What is the doctrine? Kinds of Due Process Procedural Due Process Substantive Due Process Keshavananda Bharti v. State of Kerala Its evolution Due process in England Due process in USA Barron v. The Mayor and City council of Baltimore Murray’s Lessee v. Hoboken Land and…
Doctrine of Laches: Blessing or Prejudice Table of Content: Introduction Distinction between Doctrine of laches and law of limitation Evolution of Doctrine Sources of the Doctrine Objective Elements of laches Landmark judgments Tilokchand Motichand vs H.B. Munshi & Anr. [1970 AIR 898] Kantilal Babulal & Brothers vs H.C. Patel, Sales Tax Officer [1965 16 STC…
A Critical Analysis of The Surrogacy (Regulation) Bill, 2020 You may have often seen in pictures daughter-in-law being abused by her in-laws for being unable to conceive. Childlessness is a taboo that still exists in society. But thanks to surrogacy and the surrogate mothers who have filled the lives of many intending parents with happiness….
Preventive Detention as “Depravity” of Article 22 Introduction Preventive Detention is the way of incarcerating the person who has been suspected to commit any crime, whose release may harm the interest of the society. The entire concept of preventive detention is based upon ‘MAY’ presumption of the person that he may likely to commit an offence….
Judicial Decisions 1. Pre Constitutional judicial Decision: Peninsular & Oriental Steam Navigation Company vs secretary for the state of India [(1861) 5 Bom. H.C.R. App. 1] In this case on a government site in a dockyard, some unloading work was carried out by the government servant. On the date of the accident, the plaintiff went…
Government of NCT of Delhi (Amendment) Act, 2021: What’s Wrong With It? The main feature of democracy is transparency and effective functioning between the organs of the Government viz. the Central Government and the State Government. The framers of the constitution, keeping this in mind divide the powers into three organs viz. legislature, executive and…
Critical Analysis: In Re: Prashant Bhushan & Anr. [Suo Motu Contempt Petition (CRL) No. 1 of 2020] The critical analysis of the Prashant Bhushan Contempt case helps us to determine the role of the court while it exercising its Suo Motu power in case of contempt. Table of Content: Introduction What is Contempt of Court?…
International Sea Laws Doctrine of Hot Pursuit in Respect of Maritime Law TRADE CHAnnels through sea traces its origins back to medieval times, when Vikings were the first to use sea to trade their goods and men. With the passage of time, trade through sea becomes the busiest route to travel goods and people from…
Can Tribunal Decide Jurisdictional Issue? UNION OF INDIA V. MYSORE PAPER MILLS LTD. & ORS. Time and again, various cases came before tribunals, where claim petitions were filed, for refund of excess charges being charged by various Government authorities. Tribunals across the country have been getting cases pertaining to refund of excess charges. However, again…
Refusal by Government – Is Breach of Personal Liberty? A brief analysis of Maneka Gandhi vs Union of India [1978 AIR 597, 1978 SCR (2) 621] The landmark Judgment of this case is considered to be an important pillar for the right of personal liberty guaranteed as a fundamental right enshrined under Article 21 of the…