The burden on the Detaining authority to comply with the rules of detention
The power of preventive detention is a draconian power justified only in the interest of public security and order and it is tolerated in a free society only as a…
Section 20 of Evidence Act- Vicarious admission i.e. admissions of persons other than the party
Admissions may operate as estoppel and they do so where parties had agreed to abide by them. The word ‘information’ occurring in s.20 is not to be understood in the…
Article 215- Power of Contempt of High Court
Article 215 Article 215 of the Constitution provides that every High Court shall be a court of record and shall have all the powers of such a court including the…
Does concealing of caste in Marriage amount to Cheating?
A Special Leave Petition was filed before Supreme Court of India, the petitioner was a Post-Doctoral fellow at Centre for Cellular and Molecular Biology, Hyderabad. Petitioner invited marriage proposals for…
Section 354 of IPC- Is it against Article 14 of the Constitution?
Girdhar Gopal vs State,1953 The question came for decision before Madhya Pradesh High Court in the case of ‘Girdhar Gopal v. State (1952)’. Article 354 Provides that, 354. Assault or…
What Constitutes a ‘Building’ in House Trespass Offence?
Section 442 of the Indian Penal Code, provides that, 442. House trespass.— Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a…
Can Court Direct Governor to Nominate a Person to Legislative Council?
Biman Chandra Bose vs Dr. H.C. Mukherjee, Governor This was a case of Calcutta High Court, when an advocate who was also well-accomplished in literature, offered his service to governor…
Oath and Affirmation by Legislators- An analysis
In the Constitution while referring to the Parliament, Article 99 prescribes that every member of either House of Parliament or some person appointed on behalf by him, should take an…
Oath by an MLA and MP- Is it necessary to understand the meaning of oath?
The question came before the court ‘Baljeet Singh v. Election Commissioner of India (2000)’. In this case, the the petitioner’s case was that Articles 84 and 173 of the Constitution…
Six months period for Minister who is not member of Legislative Assembly- Analysis
Article 164 (1) and (4) of the Constitution read as follows: “(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the…