The Meaning of ‘Status Quo’ in Property-related Orders
The parties are (or a party is) normally directed to maintain status quo in regard to a property, so that the position does not get altered or become irreversible pending…
Identification Parade- Value as an evidence
Identification Tests do not constitute substantive evidence As was observed by Supreme Court in Matru v. State of U.P. (1971 (2) SCC 75) identification tests do not constitute substantive evidence.…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
Termination of Tenancy on Natural Calamity- Determination
Definition of Lease Chapter V, of the Transfer of Property Act, 1882 (for short T.P. Act) deals with leases of immovable property. Section 105 defines lease as “Section 105 —…
Reservation more than 50%- When it started and what is its significance?
MR Balaji v. State of Mysore (1962), In MR Balaji v. State of Mysore (1962), a Constitution Bench of Supreme Court rejected the argument that in the absence of a…
The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Meaning of ‘Backward Class’- An Insight from Constitutional Assembly Debates
An Excerpt from Indira Sawhney Judgment It must be noted what is said during these debates is not conclusive or binding upon the court because several members may have expressed…
Backward Classes in Pre-Independence India- ‘Caste’ and ‘Class’ in Colonial India’s Administrative Frameworks
The words ‘Caste’ and ‘Class’ in Pre-Constitution India Madras Province In the Madras Provincial and Subordinate Service Rules, 1942, framed by the Governor of Madras under Section 241(2)(b) read with…
Whether Clause (4) of Article 16 is exhaustive of the topic of reservations
An Excerpt from Indira Sawhney Judgement Meaning of Reservation Its meaning has to be ascertained having regard to the context in which it occurs. The relevant words in Section 16…