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 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 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…
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…
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…
The rights of a de facto shebait to institute suits on behalf of the deity can be traced to two early decisions of the Privy Council: Mahant Ram Charan Das…
The question of who can sue on behalf of the idol arises due to the unique nature of the idol. The idol is a juristic person and the owner of…
An idol is a juristic person in which title to the endowed property vests. The idol does not enjoy possession of the property in the same manner as do natural…
Decoding the Ayodhya Judgement- Part 4 Fifth Suit On 1 July 1989, a Suit (Suit 5) was brought before the Civil Judge, Faridabad by the deity (Bhagwan Shri Ram Virajman)…
In the case of Associated Hotels of India Ltd. v. R.N. Kapoor, 1 SCR 368 the minority judgment rendered by Subba Rao, J, the Court held that there is a…
The right of private defence are sections 96 and 97 of the Indian Penal Code- “96. Things done in private defence. – Nothing is an offence which is done in…