What Constitutes a ‘Building’ in House Trespass Offence?
Section 442 of the Indian Penal Code, provides that, 442. House trespass.— Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a…
Can Court Direct Governor to Nominate a Person to Legislative Council?
Biman Chandra Bose vs Dr. H.C. Mukherjee, Governor This was a case of Calcutta High Court, when an advocate who was also well-accomplished in literature, offered his service to governor…
How much delay is relevant for filing a writ petition?
Supreme Court also has taken the view, that, there is no inviolable rule, that, whenever there is delay the court must refuse to entertain a petition. The Court has stated…
Oath and Affirmation by Legislators- An analysis
In the Constitution while referring to the Parliament, Article 99 prescribes that every member of either House of Parliament or some person appointed on behalf by him, should take an…
Oath by an MLA and MP- Is it necessary to understand the meaning of oath?
The question came before the court ‘Baljeet Singh v. Election Commissioner of India (2000)’. In this case, the the petitioner’s case was that Articles 84 and 173 of the Constitution…
Six months period for Minister who is not member of Legislative Assembly- Analysis
Article 164 (1) and (4) of the Constitution read as follows: “(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the…
42nd Report of Law Commission and insertion of Section 433A in CrPC
433A.Restriction on powers of remission or Commutation in certain cases “Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person…
Colourable Legislation – In Brief
When a legislature which has no power to legislate frames legislation so camouflaging it as to appear to be within its competence when it knows it is not, it can…
Section 433A of CrPC- Why it was introduced and What does it provide?
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after the…
Ashok Kumar Golu V. UOI- Premature Release of a Life Convict
Facts of the Case Contentions of the Petitioners It must be conceded that such would have been the impact if the Indian Penal Code (Amendment) Bill was passed by the…