Not every observation in a judgement of Supreme Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues…
The law laid down by Supreme Court is binding on subsequent benches of lesser or coequal strength. A bench of lesser strength cannot disagree or dissent from the view taken…
In Property Owners’ Association v. State of Maharashtra (2024), at its core, the dispute concerned whether the text of Article 31-C as it stood prior to the Forty-Second Amendment can…
The need to assess not only the entirety of the legislative circumstances but also the judicial decision invalidating the amending statute is also apparent from the decision in Shaukat Khan…
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…
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…
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…
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…
The Apex Court had the occasion to consider the true interpretation of the expression ‘Ordinarily resides’ in the case of Ruchi Majoo v Sanjeev Majoo (2011). Section 9 of the…
