What does Socialist Republic mean? – Explained by Supreme Court
The Supreme Court in the case of ‘D.S. Nakara v. Union of India (1982)’, while deciding the question of pension, discussed the concept of Socialism as follows- What does a…
Injunctions from instituting any suit under Specific Performance Act, 1963
Part III of the Specific Performance Act, 1963 bears the heading ‘Preventive Relief’ and fasciculus of sections therein included provide for injunctions generally. Sec. 36 provides that preventive relief is…
The Offence of Cheating- In Brief
CHEATING is defined in Section 415 of the Indian Penal Code which provides as under:- “415. Cheating.- Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived…
How much delay is relevant for filing a writ petition?
Supreme Court also has taken the view, that, there is no inviolable rule, that, whenever there is delay the court must refuse to entertain a petition. The Court has…
Colourable Legislation – In Brief
When a legislature which has no power to legislate frames legislation so camouflaging it as to appear to be within its competence when it knows it is not, it can…
Section 433A of CrPC- Why it was introduced and What does it provide?
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after…
What is the Office of Profit?- In Brief
Article 102 of Indian Constitution provides the conditions of disqualification of Members of Parliament. Clause (1) of Article 102 provides that a member of parliament shall be disqualified from membership…
Scott v. Scott (1913)- Case on Trial in Camera
Scott v. Scott [1913] is an important decision of English court on Trial in Camera and Open Court. Indian Supreme Court referred this case in its judgments regarding open…
Open Courts and Trial in Camera
“The principle underlying the insistence on hearing causes in open court is to protect and assist fair, impartial and objective administration of justice; but if the requirement of justice…
Can a writ of Certiorari be issued to High Court by Supreme Court?
Certiorari is a writ, and it is issued to an inferior court. The origin of this writ is from England. The inferior court conceived in English law in this context…