Mitakshara School of Law
The Hindu branch of dharma is influenced by the theological tenets of the Vedic Aryans. What is not modified or abrogated by the legislation or constitutional provisions still prevails, the…
The distinction of Powers of the Court under Article 142 of Constitution, Section 151 of CPC and Section 482 of CrPC
The Constitutional power is exercisable by Supreme Court under Article 142(1) of the Constitution of India, and the inherent power of the civil court recognised by section 151 of the…
Article 21 for the Convicts
The right to life is the most fundamental of all rights. The right to life, as guaranteed under Article 21 of the Constitution of India, provides that no person shall…
The Extent of Pardoning Powers of President and Governor
The power of the executive to grant pardon under Article 72/161 is a Constitutional power and the Court, on numerous occasions, has declined to frame guidelines for the exercise of…
When an amendment to a rule is invalidated by a court, the old rule does not revive- Principle Explained
The process of substitution consists of two steps. First, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place.…
The Pen and Ink Theory in Law
In the case of Shamarao Parulekar v. District Magistrate, Thana, 1952 (2) SCC 1; 1952 INSC 63, the Preventive Detention Act, 1950 which at the time was scheduled to expire…
Waman Rao Case in Brief
The petitioners in Waman Rao challenged the Maharashtra Lands (Ceiling on Holdings) Act, 1961 which had been placed in the Ninth Schedule of the Constitution. The respondents relied on Articles…
Recognition of Foreign Divorce in India
There is no particular law regarding foreign divorce recognition in India. The basic principle is that if the decree passed by a foreign court confirms the provisions of Indian laws…
Who are entitled to argue before the Supreme Court of India?
Provisions of the Advocates Act, 1961 Under Section 16, there are two classes of advocates, namely, senior advocates and other advocates. Sections 29 and 30 are also important, which read…
Requirements of Vakalatnama in case of Advocate-on-Record
Rule 1(b) of Supreme Court Rules, 2013 provides that no advocate other than the Advocate-on-record for a party shall appear, plead and address the Court in a matter unless he…