Equity and Article 142- A Brief Discussion
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 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…
The Suit of 1885 was instituted by Mahant Raghubar Das, describing himself as “Mahant Janamsthan situated at Ayodhya”. The suit was initially instituted only against the Secretary of State for…
In Bishwanath v Sri Thakur Radha Ballabhji Supreme Court was tasked with deciding whether a worshipper can maintain a suit for eviction on behalf of the idol if the shebait…
In Rai Sahib Dr Gurdittamal Kapur v Mahant Amar Das Chela Mahant Ram Saran, Supreme Court dealt with a case where a suit was filed in 1957 by the first…
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…