Vertical and Horizontal Reservation- Difference
In Rajesh Kumar Daria etc. v. Rajasthan Public Service Commission and others (2007) 8 SCC 785, a bench of three judges of Supreme Court considered the difference between vertical and…
Ashburner’s Principles of Equity
The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.
Presumption of Innocence and Speedy Trial
Unless a statute indicates otherwise, a criminal trial would commence with the presumption of innocence. This principle is of utmost importance as the Court embarks upon a trial in its…
Section 311- Power to Summon Witnesses
Section 311 Cr.P.C. The said provision reads as follows:- “311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or…
The concept of retrospective and retroactive statute
The prospective statute operates from the date of its enactment conferring new rights. The retrospective statute operates backward and takes away or impairs vested rights acquired under existing laws. A…
Unobstructed and obstructed heritage in Mitakshara Coparcenary
In Mitakshara coparcenary, there is unobstructed heritage, i.e., apratibandha daya and obstructed heritage i.e., sapratibandha daya. When right is created by birth is called unobstructed heritage. At the same time,…
Order XLIII of Rule 1-A (2) of the CPC
A cross-appeal is the exercise of substantive right of appeal and only the procedure varies. Order XLIII of Rule 1-A (2) of the CPC. The same reads as under: “1A.…
Statutes those gave right of inheritance to daughters under Hindu Law
The earliest legislation with regard to right of female inheritance was made in 1929 called the Hindu Law of Inheritance Act, 1929. This Act conferred inheritance right to three female…
The Life of a Contract: From Offer to Performance
📝 Abstract This article explores the life cycle of a contract 🤝— from offer to performance — simplifying each stage for law students and new learners. Backed by key provisions…
Law protects the occupant in possession in the course of redevelopment
Introduction A division bench of the Hon’ble Bombay High Court comprising of Chief Justice Alok Aradhe and Justice Sandeep V. Marne was hearing two appeals travelled to the court concerning…