Prior Restraint and Freedom of Speech
Supreme Court is not only the sentinel of the fundamental rights but also a balancing wheel between the rights, subject to social control. Freedom of expression is one of the…
When Extra-Judicial Confession may be accepted and relied upon? – Supreme Court Rulings
It is a settled principle of criminal jurisprudence that extra-judicial confession is a weak piece of evidence. In the case of Sahadevan and Others v. State of Tamilnadu (2012), the…
The Last Seen Theory in Evidence
With the development of law, the theory of last seen has become a definite tool in the hands of the prosecution to establish the guilt of the accused. This concept…
The Non-Appealing Accused- Does he deserve benefits given to co-accused in appeal without appealing himself
Under the Indian criminal jurisprudence, an accused is presumed to be innocent until proven guilty and his liberty can be curtailed by putting him under imprisonment by due process of…
PHHC Acts on 19-Year-Old Grievance, Directs State to Review Rejected Candidates’ Cases Who Ranked Higher in Merit
Service Law Matters The Punjab & Haryana High Court has directed the state department to reconsider the claims of petitioners and grant them seniority and other consequential benefits from 2006—the…
Whether a landlord a necessary party in a Suit where a tenant is thrown forcibly by another person?
Section 6 of the Specific Relief Act, provides legal provisions for the legal remedy to the person who was dispossessed forcibly from his possession. Section 6 reads as thus: “6.-…
Representative Government and Its Adoption in India
Parliamentary democracy generally envisages (i) representation of the people, (ii) responsible government and (iii) accountability of the Council of Ministers to the Legislature. The essence of this is to draw…
Article 164 of the Constitution- Provision Explained with Draft Article, Assembly Debates and Case Laws
Provision “164. Other provisions as to Ministers. – (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the…
Can a Person who is not a member of legislature be sworn as Minister of the State?
A Constitution Bench of Supreme Court had occasion to consider whether a person who is not a member of either House of the State Legislature could be appointed a Minister…
Can a person who is not a member of either House of Parliament be sworn in as the Prime Minister of India?
This question came before the court for consideration in the case of S.P. Anand, Indore vs H.D. Deve Gowda & Others, 1996. The Petitioner file the petition challenging the appointment…