Frustration of Contracts- Section 56 of the Contract Act
Section 56 occurs in Chapter IV of the Contract Act which relates to peformance of contracts and it purports to deal with one class of circumstances under which performance of…
Process of Removal of the Judge under Judges (Inquiry) Act, 1968
The constitutional scheme for the removal of a Judge of the Supreme Court or a High Court in accordance with Article 124(4) of the Constitution and the Judges (Inquiry) Act,…
Material Resources and the Common Good: Directive Principles in the Mafatlal Case
In Mafatlal Industries Ltd v. Union of India , 1997 (5) SCC 536; 1996 INSC 1514. a decision by a bench of nine judges of Supreme Court, the majority opinion…
What are Obiter dicta and Ratio decidendi in a Judgement? – Simple Explanation
Not every observation in a judgement of Supreme Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues…
The Law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength
The law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength. A bench of lesser strength cannot disagree or dissent from the view taken…
Property Owners’ Association Case- The issue of the revival of Article 31C after Minerva Mills Case
In Property Owners’ Association v. State of Maharashtra (2024), at its core, the dispute concerned whether the text of Article 31-C as it stood prior to the Forty-Second Amendment can…
Effect of Invalidation of Subsequent Legislation- The need to assess legislative intent and Judicial decision
The need to assess not only the entirety of the legislative circumstances but also the judicial decision invalidating the amending statute is also apparent from the decision in Shaukat Khan…
Revival Principle After Substitution: Supreme Court’s View in BN Tewari Case (1965)
In BN Tewari v. Union of India , 1965 (2) SCR 421, which was a writ petition under Article 32 filed on the heels of the decision of Supreme Court…
The Process of Substitution of Statutes and its Effect- Judicial Precedents
In Maharashtra v. Central Provinces Manganese Ore, 1977 (1) SCC 643; 1976 INSC 269, In a taxation dispute, the assessee challenged an amendment to the Explanation to clause (g) of…
Mulchand Odhavji v. Rajkot (1971): Revival Principle of Statutes
In Mulchand Odhavji v. Rajkot Borough Municipality, 1971 (3) SCC 53, a Constitution Bench of Supreme Court invalidated the Municipality of Rajkot’s levy of octroi duty. The case originated from…