Domestic Violence Act, 2005- A Summary of the Provisions and Precedents
The D.V. Act provides relief to an aggrieved woman who is subjected to “domestic violence.” The “aggrieved person” has been defined by Section 2(a) to mean any woman who is,…
The Directions of Supreme Court on the Issue of Overlapping of Jurisdiction in Maintenance Case
The Supreme Court Bench comprising Justice Indu Malhotra and Justice R. Subhash Reddy, had the occasion to lay down guidelines on the issue of overlapping of jurisdiction in maintenance case,…
When a repugnancy actually arises in Acts created by States and Union? – Judicial Precedents
In the case of Hoechst Pharmaceuticals Ltd. v. State of Bihar, (1983) 4 SCC 45, at page 87: “67. Article 254 of the Constitution makes provision first, as to what…
The Reservation for Persons with Disabilites- Rajeev Kumar Gupta Case
The case came before the Supreme Court when the petitioner who was person with disability and was employed in Prasar Bharti, filed a petition against the memorandum of government which…
Parliamentary Privileges & Judicial Review: A Historical Perspective
The history of relationship between Parliament and Courts at Westminster is also marked with conflict and controversy. Sir Erskine May rightly comments; “After some three and a half centuries, the…
Evolution of Parliamentary Privileges in India and Power of Expulsion of Parliament
It is no doubt true that the existing law relating to parliamentary privileges in India is essentially of English origin. But the concept of parliamentary privileges was not unknown to…
Judicial Review vs. Legislative Privileges: The Keshav Singh Case
Keshav Chand case is a leading case of Supreme Court under Powers, Privileges and Immunities of State Legislatures, Article 143 of the Constitution, Re (‘Keshav Singh’ for short), (1965) 1…
Parliamentary Privileges- The Meaning and the Reasons
Meaning Though all the three expressions, powers, privileges and immunities are invariably used in almost all Constitutions of the world, they are different in their meanings and also in contents.…
Role of Advocate General in State Appeals: A Legal Analysis of Section 378(1) CrPC & Article 165
An Important question came before the court whether the State Government can direct the Advocate General or the Additional Advocate General to present an appeal Under Section 378 (1) of…
The Power of Prorogation- The 1968 Punjab Assembly Case
The Facts of the Case At the Fourth General Elections Congress won 43 seats in the Legislative Assembly which has a membership of 104. The other parties (none of which…