The Rules to Rely on Circumstantial Evidence
The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one…
The Reliability of Extra-Judicial Confessions
Extra-judicial confessions are those which are made by the party elsewhere than before a Magistrate or Court. Extra judicial confessions are generally those made by a party to or before…
Expansion of Article 21: The Evolution of the Right to Life and Personal Liberty in India
Article 21, one of the fundamental rights enshrined in Part III of the Constitution declares that no person shall be deprived of his “life” or “personal liberty” except according to…
Indian Constitution as a Living Document- Growth and Changes with the Time
The Constitution is a living and organic document. It cannot remain static and must grow with the nation. The Constitutional provisions have to be construed broadly and liberally having regard…
Supremacy of the Constitution and the Doctrine of Separation of Powers in India
In a democratic country governed by a written Constitution, it is the Constitution which is supreme and sovereign. As observed in Raja Ram Pal Vs. Hon’ble Speaker, Lok Sabha &…
Section 70 of the Indian Contract Act- A Brief Analysis
Section 70 reads thus: “Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the…
MACT Matters- Section 163-A and the Liability of the Insurer and Owner in case of Accident
Section 163-A and 166 of the MVA read as follows- “163-A. Special provisions as to payment of compensation on structured formula basis. — (1) Notwithstanding anything contained in this Act…
The purpose of the Symbols Order for Elections
The ECI issued the Symbols Order in 1968 in exercise of the powers conferred by Article 324 of the Constitution read with Section 29A of the Representation of the People…
The Speaker’s Power to Disqualify under Tenth Schedule- From Nebam Rabia to Maharashtra Assembly Case
Article 179 stipulates that a Speaker (or a Deputy Speaker) may be removed from their office by a resolution passed by a majority of “all the then members of the…
When an Election Petition can be Dismissed? – Supreme Court’s Judgement
Section 86 of Representation of People Act, vests power in the High Court to dismiss an election petition which has not been properly presented as required by Section 81; or…