The Evolution of Right to Information in India
Article 19(1)(a) has been held to guarantee the right to information to citizens. The judgments of Supreme Court on the right to information can be divided into two phases. In…
Article 19(1)(a) has been held to guarantee the right to information to citizens. The judgments of Supreme Court on the right to information can be divided into two phases. In…
Section 31 of the RBI Act stipulates that only the RBI or the Central Government authorized by the RBI Act shall draw, accept, make, or issue any bill of exchange…
Under the doctrine of lost grant, a long-continued use or possession can raise a legal presumption that the right exercised was previously conveyed to the user or possessor and that…
A waqf is a dedication of movable or immovable property for a religious or charitable purpose recognised by Muslim law. Ordinarily, a waqf is brought into existence by an express…
The concept of ‘justice, equity and good conscience’ as a tool to ensure a just outcome also finds expression in Article 142 of the Constitution which reads: “142. (1) The…
The application of ‘justice, equity and good conscience’ to India commenced with colonial rule in Bombay. As Bombay assumed prominence as a commercial centre, there arose a need for a…
In an essay titled ‘Justice, Equity and Good Conscience’, Duncan Derrett notes the difficulties that plague a discussion of a concept whose contours are vague: “It may be argued at…
The principles determining the extent to which our courts can enforce the legal consequences of actions and rights from previous legal regimes has been laid down by the Privy Council…
Punjab Chief Court in Farzand Ali v Zafar Ali analysed this. In that case, there was a dispute between the Mutawalli of a mosque and the defendants, who were descendants…
Preponderance of Probabilities in Civil Law The court in a civil trial applies a standard of proof governed by a preponderance of probabilities. This standard is also described sometimes as…