The Rationale of Pardoning Powers of President and Governor under Article 72 and 161
Both Articles 72 and 161 repose the power of the people in the highest dignitaries, i.e., the President or the Governor of a State, as the case may be, and…
Pardoning Powers- Article 72 and Article 161 of the Constitution
It is apposite to refer the relevant Articles which give power to the President of India and the Governor to grant pardons and to suspend, remit or commute sentences in…
The Principle of Construction in Contracts
The question of construction may manifest itself in two totally different ways. In one class of cases the question may simply be, as to what the parties themselves had actually…
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…