Colourable Legislation – In Brief
When a legislature which has no power to legislate frames legislation so camouflaging it as to appear to be within its competence when it knows it is not, it can…
Section 433A of CrPC- Why it was introduced and What does it provide?
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after the…
Ashok Kumar Golu V. UOI- Premature Release of a Life Convict
Facts of the Case Contentions of the Petitioners It must be conceded that such would have been the impact if the Indian Penal Code (Amendment) Bill was passed by the…
Maintenance to Step Mother- Cases when she can claim maintenance
In the case of ‘Kiritikant D. Vadodaria v. State of Gujrat (1996)’, a father filed an application claiming maintenance from his son who was earning well at that time, but…
What is the Office of Profit?- In Brief
Article 102 of Indian Constitution provides the conditions of disqualification of Members of Parliament. Clause (1) of Article 102 provides that a member of parliament shall be disqualified from membership…
Jaya Bachchan v. UOI (2006)- A Case on Office of Profit
Article 102 of Indian Constitution provides the conditions of disqualification of Members of Parliament. Clause (1) of Article 102 provides that a member of parliament shall be disqualified from membership…
Difference between material collected during the process of taking cognizance and during trial
Chapter XV Chapter XV of the Code of Criminal Procedure, 1973 deals with complaints made to Magistrates. Section 200 which appears in the said Chapter inter alia provides that the…
Scott v. Scott (1913)- Case on Trial in Camera
Scott v. Scott is an important decision of English court on Trial in Camera and Open Court. Indian Supreme Court referred this case in its judgments regarding open courts. In…
Open Courts and Trial in Camera
“The principle underlying the insistence on hearing causes in open court is to protect and assist fair, impartial and objective administration of justice; but if the requirement of justice itself…
Can a writ of Certiorari be issued to High Court by Supreme Court?
Certiorari is a writ, and it is issued to an inferior court. The origin of this writ is from England. The inferior court conceived in English law in this context…