Rule Making Power conferred by a Statute should be confined within the Statute
The law is well-settled on the point that when a rule-making power is conferred under any statute on an authority, the said power has to be exercised within the confines…
What Constitutes an Essential Religious Practice? – Supreme Court in Sabrimala Case
Article 25 merely protects the freedom to practise rituals, ceremonies, etc. which are an integral part of a religion as observed by Supreme Court in John Vallamattom and another v.…
Trademark and Trademark Infringement
Abstract The article thoroughly introduces Indian trademark law, highlighting the value of registered trademarks and the penalties for infringement under Section 29 of the Trademarks Act, 1999. It addresses criminal…
The Essence of Constitution Morality
The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an…
Under the constitutional scheme mixing religion with State power is not permissible- Supreme Court
Secularism has been declared by Supreme Court to be one of the basic features of the Constitution. A long line of decisions delivered by Supreme Court on the subject have…
Literal versus Purposive Interpretation
The conflict between giving a literal interpretation or a purposive interpretation to a statute or a provision in a statute is perennial. It can be settled only if the draftsman…
The True Sense of Acceptance in Contract Law
Anson’s law of Contract In Anson’s law of Contract the law is summarised thus: “Acceptance means in general communicated acceptance. * * * * It must be something more than…
Foundations of Judicial Independence
Deep learning in law, incisive and alert mind to quickly grasp the controversy, energy and commitment to resolve the problem are critical elements which make a Judge efficient and enable…
If Grounds of Arrest are not informed, it will vitiate the process of Arrest and Remand- Supreme Court
The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as, this information would be the only effective means for the arrested person…
Domestic Violence Act, 2005- In Brief
The Purpose of the Act The very purpose of enacting the DV Act was to provide for a remedy which is an amalgamation of civil rights of the complainant i.e…