Can Fundamental Rights be Waived? – Basheshar Nath Case
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…
The History of Insertion of Fundamental Rights to Indian Constitution
H.H. Bhagwati, J. – Ours is a nascent democracy and situated as we are, socially, economically, educationally and politically, it is the sacred duty of the Supreme Court to safeguard…
Can Fundamental Rights be Waived? – Basheshar Nath Case
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…
Continuing Wrong Principle in Service Law- When It Applies?
In Union of India v. Tarsem Singh (2008), the Court deliberated on the question of ‘continuing wrong’ on state’s part in issues related to pension or arrears. The Court said,…
Section 5 of the Limitation Act- Condonation of Delay is not the Right of Applicant
Section 5 of the Limitation Act. Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other…
Rule of Limitations- General Policy of the law of limitation is to favour the use of legal diligence
Supreme Court in Hameed Joharan (Dead) & Ors. v. Abdul Salam (Dead) by LRs & Ors., reported in (2001) 7 SCC 573, wherein it was observed that the general policy…
Rule of Limitation- Jurisprudential Aspects
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly.…
Section 5 of the Limitation Act- Interpretation of the Expression ‘for not preferring the appeal or making the application within such period’
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases— Any appeal or any application, other than an application under any of…
Principles for Fixing Damages in Consumer Cases related to Real Estate
Supreme Court in Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65, has observed that there is no fixed formula for fixing damages in the following manner- 8. However,…
Does Consumer Protection Act applies to Real Estate?- Supreme Court Answers
The Supreme Court in Lucknow Development Authority v. M.K. Gupta, (1994) considered the statute in detail and answered the question as follows: The provisions of the Act thus have to…