What does Socialist Republic mean? – Explained by Supreme Court
The Supreme Court in the case of ‘D.S. Nakara v. Union of India (1982)’, while deciding the question of pension, discussed the concept of Socialism as follows- What does a…
What is pension and why pension is needed in welfare state?
“When you gave your best in the hey-day of life to your employer, in days of invalidity, economic security by way of periodical payment is assured.” The antiquated notion of…
D.S. Nakara v. Union of India (1982) – An analysis
The case of ‘D.S. Nakara v. Union of India (1982)’, is a landmark case on right to equality in India. The case arose when government issued a notification laying down…
Injunctions from instituting any suit under Specific Performance Act, 1963
Part III of the Specific Performance Act, 1963 bears the heading ‘Preventive Relief’ and fasciculus of sections therein included provide for injunctions generally. Sec. 36 provides that preventive relief is…
Ashoka Kumar Thakur Case – When the importance of Caste Census appeared before the Supreme Court
The ‘Caste Census’ is a hot topic in India nowadays. The issue was first raised this year by Indian National Congress leader Rahul Gandhi in a Speech at Kolar Karnataka…
Ashok Kumar Thakur v. Union of India (2008) – A Brief Analysis
The case of Ashok Kumar Thakur v. Union of India (2006) is an important case related to reservation in India. The case arose when a writ petition was filed challenging…
Importance of Intention of the Legislature in Interpretation of Laws
It is a well settled principle in law that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the…
Reasonable Restrictions and Test of Proportionality in Freedom to Trade and Business
The relevant freedoms and restrictions with respect to trade under the Indian Constitution are as follows: “19. Protection of certain rights regarding freedom of speech, etc.- (1) All citizens shall…
The Limits of Religious Freedom- Case of the Followers of Ananda Marg Cult
The case of ‘Acharya Jagdishwaranand Avadhutha etc. v. Commissioner of Police, Calcutta (1983)’ is an important case under Article 25 of Constitution which gives the right of religious freedom. Here…
Tenant’s rights cannot be expanded to eclipse the rights of a property owner willing to undertake redevelopment: Bombay HC
Bombay High Court Diary Introduction [1]A division bench of Justice G.S Patel and Justice Kamal Khata was hearing a petition pertaining to the issue of proposed redevelopment of a building…