Rule Making Power conferred by a Statute should be confined within the Statute
The law is well-settled on the point that when a rule-making power is conferred under any statute on an authority, the said power has to be exercised within the confines…
What Constitutes an Essential Religious Practice? – Supreme Court in Sabrimala Case
Article 25 merely protects the freedom to practise rituals, ceremonies, etc. which are an integral part of a religion as observed by Supreme Court in John Vallamattom and another v.…
Trademark and Trademark Infringement
Abstract The article thoroughly introduces Indian trademark law, highlighting the value of registered trademarks and the penalties for infringement under Section 29 of the Trademarks Act, 1999. It addresses criminal…
The Essence of Constitution Morality
The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an…
Legislative History of India- From the time of arrival of East India Company to the time of Indian Constitution
The East India Company first started its operations as a trading company in India and gradually acquired political influence. The Crown in England became the legislative authority in respect of…
Parliamentary History as an Aid to Interpretation of Statutes
The traditional view of courts both in India and the UK was a rule of exclusion by which parliamentary history was not readily utilized in interpreting a law. But as…
Under the constitutional scheme mixing religion with State power is not permissible- Supreme Court
Secularism has been declared by Supreme Court to be one of the basic features of the Constitution. A long line of decisions delivered by Supreme Court on the subject have…
Literal versus Purposive Interpretation
The conflict between giving a literal interpretation or a purposive interpretation to a statute or a provision in a statute is perennial. It can be settled only if the draftsman…
Section 123 of The Representation of People Act, 1951- Legislative History
Corrupt practices during the election process were explained in the representation of people Act (as it was originally enacted in 1951) in Chapter I of Part VII thereof. Section 123…
The True Sense of Acceptance in Contract Law
Anson’s law of Contract In Anson’s law of Contract the law is summarised thus: “Acceptance means in general communicated acceptance. * * * * It must be something more than…