Book Authorities in Zoroastrian Religion
21 Nasks It appears from the study of the literature now available to us that in the most ancient times when Zoroastrian religion came into existence, there were 21 Nasks…
Standard of Proof of Corrupt Practice in Election Petitions
As regards the principles enunciated by Supreme Court regarding the nature and the standard of proof of corrupt practice alleged by an election petitioner against the successful candidate, the ratio…
Principles of Redemption of a Mortgage and Clog on Equity of Redemption
Mortgager should not be preventing from getting redemption of his Property In Pomal Kanji Govindji and Ors. v. Vrajalal Karsandas Purohit and Ors. etc , the Court examined the principles…
Usufructuary Mortgage- General Principles
In Ram Kishan v. Shio Ram (2007), the court said that, “the provisions of the Act in respect of usufructuary mortgage are required to be interpreted keeping in view the…
Admissibility and Evidentiary Value of Judicial Confession
In Balwinder Singh v. State of Punjab , Supreme Court stated the principle that an extra-judicial confession, by its very nature is rather a weak type of evidence and requires…
The Meaning of ‘Status Quo’ in Property-related Orders
The parties are (or a party is) normally directed to maintain status quo in regard to a property, so that the position does not get altered or become irreversible pending…
Presumption of Notice- Section 106 of Transfer of Property Act
Presumption of notice has been interpreted by the Full Bench of Allahabad High Court in Ganga Ram v. Phulwati (FB) A.I.R. 1970 Allahabad 446, where following questions were referred:- (1)…
The Concept of ‘Creamy Layer’- Indira Sawhney Case
‘Means’ test and ‘creamy layer’ ‘Means test’ in this discussion signifies imposition of an income limit, for the purpose of excluding persons (from the backward class) whose income is above…
Mechanism Suggested by Supreme Court to Identify Backward Classes in Indira Sawhney Case
This is an edited excerpt from Indira Sawhney Judgment (Headings have been added) There is no set or recognised method. There is no law or other statutory instrument prescribing the…
Backward Classes in Pre-Independence India- ‘Caste’ and ‘Class’ in Colonial India’s Administrative Frameworks
The words ‘Caste’ and ‘Class’ in Pre-Constitution India Madras Province In the Madras Provincial and Subordinate Service Rules, 1942, framed by the Governor of Madras under Section 241(2)(b) read with…