The origin of ‘Justice Equity and Good Conscience’ in India
The application of ‘justice, equity and good conscience’ to India commenced with colonial rule in Bombay. As Bombay assumed prominence as a commercial centre, there arose a need for a…
The concept of ‘justice, equity and good conscience’
In an essay titled ‘Justice, Equity and Good Conscience’, Duncan Derrett notes the difficulties that plague a discussion of a concept whose contours are vague: “It may be argued at…
Acts of State and changes in sovereignty
The principles determining the extent to which our courts can enforce the legal consequences of actions and rights from previous legal regimes has been laid down by the Privy Council…
Evidentiary Value of Historical Facts And Gazetteer
Punjab Chief Court in Farzand Ali v Zafar Ali analysed this. In that case, there was a dispute between the Mutawalli of a mosque and the defendants, who were descendants…
The standard of proof in Evidence Law
Preponderance of Probabilities in Civil Law The court in a civil trial applies a standard of proof governed by a preponderance of probabilities. This standard is also described sometimes as…
The Suit of 1885 in Babri Mosque Case
The Suit of 1885 was instituted by Mahant Raghubar Das, describing himself as “Mahant Janamsthan situated at Ayodhya”. The suit was initially instituted only against the Secretary of State for…
Deity as a perpetual minor- Analysis
In Bishwanath v Sri Thakur Radha Ballabhji Supreme Court was tasked with deciding whether a worshipper can maintain a suit for eviction on behalf of the idol if the shebait…
Limitation law on endowed Property
In Rai Sahib Dr Gurdittamal Kapur v Mahant Amar Das Chela Mahant Ram Saran, Supreme Court dealt with a case where a suit was filed in 1957 by the first…
Law of limitation and Right to claim in perpetuity
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…
De Facto Shebait’s right to continue in office
Whether a de facto shebait can claim a right to continue indefinitely in office. A de jure shebait and a de facto shebait exercise similar rights in the limited sense…