Section 321 of CrPC gives the power to Public Prosecutor and Assistant Public Prosecutor to withdraw the prosecution against a person except in some cases. Section 321 reads as follows…
India is a member of the United Nations and has ratified the International Covenant on Civil and Political Rights (ICCPR). A large number of United Nations international documents prohibit the…
Both Articles 72 and 161 repose the power of the people in the highest dignitaries, i.e., the President or the Governor of a State, as the case may be, and…
It is apposite to refer the relevant Articles which give power to the President of India and the Governor to grant pardons and to suspend, remit or commute sentences in…
The question of construction may manifest itself in two totally different ways. In one class of cases the question may simply be, as to what the parties themselves had actually…
Section 56 occurs in Chapter IV of the Contract Act which relates to peformance of contracts and it purports to deal with one class of circumstances under which performance of…
The constitutional scheme for the removal of a Judge of the Supreme Court or a High Court in accordance with Article 124(4) of the Constitution and the Judges (Inquiry) Act,…
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…
