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…
When an amendment to a rule is invalidated by a court, the old rule does not revive- Principle Explained
The process of substitution consists of two steps. First, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place.…
The Pen and Ink Theory in Law
In the case of Shamarao Parulekar v. District Magistrate, Thana, 1952 (2) SCC 1; 1952 INSC 63, the Preventive Detention Act, 1950 which at the time was scheduled to expire…
Waman Rao Case in Brief
The petitioners in Waman Rao challenged the Maharashtra Lands (Ceiling on Holdings) Act, 1961 which had been placed in the Ninth Schedule of the Constitution. The respondents relied on Articles…
Article 31-C- Its Insertion to the Constitution and Challenges
Article 31-C provides statutes with immunity against constitutional challenges for alleged breaches of Articles 14 and 19 provided that the statutes give effect to the principles set out in clauses…
Section 340 of the CrPC and the Prerequisites for Initiating an Inquiry – Supreme Court Rulings
Indian Penal Code Section 191. Giving false evidence. -Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by…
Recognition of Foreign Divorce in India
There is no particular law regarding foreign divorce recognition in India. The basic principle is that if the decree passed by a foreign court confirms the provisions of Indian laws…