Doctrine of Exclusivity and Inclusivity of Fundamental Rights: Maneka Gandhi’s Case
An excerpt from the Judgment (Headings have been added) A. K. Gopalan’s Case (1950) The view taken by the majority in A. K. Gopalan’s case (1950) was that so long…
Article 356 and 355- Analysis with Historical Background
Historically, the proximate origin of these ’emergency’ powers can be traced back to the Government of India Act, 1935. Section 93 of the Act provided that if the Governor of…
Article 200 of the Constitution- Analysis with Historical Background
The Constitution makes the Governor a component part of the State Legislature (Article 168). He cannot be a member of either House of that Legislature. In order to become an…
How India Protects its Women against Domestic Violence- Legal Provisions
The progress of any society depends on its ability to protect and promote the rights of its women. Guaranteeing equal rights and privileges to women by the Constitution of India…
Distribution of Legislative Powers between the Union and the States- In Brief
The distribution of legislative powers between the Union and the States is the most important characteristic of a federal constitution. This distribution can be achieved by a single, two-fold or…
Confession by Co-Accused- Scope and Effect
Section 30 provides that when more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some…
MahaRERA directs cancellation of Agreements for Sale with the flat purchasers as they default in making timely payments to the Promoter
Bombay High Court Diary Introduction The Maharashtra Real Estate Regulatory Authority (for short, “MahaRERA”), Chairman Shri. Ajoy Mehta was hearing a bunch of complaints filed by a Pune based Promoter/Developer…
Position of the High Courts in Comparison of Supreme Court
A High Court is also a constitutional Court. It is well settled that it is not judicially subordinate to Supreme Court. In the case of Tirupati Balaji Developers (P) Ltd.…
Scope of Exercise of Powers under Article 142 of the Constitution
The provisions of Article 142 of the Constitution of India are meant to further the cause of justice and to secure complete justice. The directions in the exercise of power…
Object of Passing Interim Orders and When It Can Be Passed
Object of passing orders of interim relief pending the final disposal of the main case The High Court can grant relief of the stay of hearing of the main proceedings…