Necessity test to claim and exercise a Parliamentary Privilege
In State of Karnataka v. Union of India (1977) a seven-Judge bench of Supreme Court speaking through MH Beg, CJ held that the powers under Article 194 (as well as…
Privacy of a Citizen- Supreme Court’s Views
In Justice KS Puttaswamy (9J) v. Union of India a nine-Judge Bench of Supreme Court held that the Constitution guarantees the right to privacy. Supreme Court traced the right to…
The Evolution of Right to Information in India
Article 19(1)(a) has been held to guarantee the right to information to citizens. The judgments of Supreme Court on the right to information can be divided into two phases. In…
The concept of ‘justice, equity and good conscience’
In an essay titled ‘Justice, Equity and Good Conscience’, Duncan Derrett notes the difficulties that plague a discussion of a concept whose contours are vague: “It may be argued at…
The standard of proof in Evidence Law
Preponderance of Probabilities in Civil Law The court in a civil trial applies a standard of proof governed by a preponderance of probabilities. This standard is also described sometimes as…
The Suit of 1885 in Babri Mosque Case
The Suit of 1885 was instituted by Mahant Raghubar Das, describing himself as “Mahant Janamsthan situated at Ayodhya”. The suit was initially instituted only against the Secretary of State for…
Limitation law on endowed Property
In Rai Sahib Dr Gurdittamal Kapur v Mahant Amar Das Chela Mahant Ram Saran, Supreme Court dealt with a case where a suit was filed in 1957 by the first…
Law of limitation and Right to claim in perpetuity
The law of limitation is embodied in a statute which is based on the principles of repose or peace, as held by Supreme Court in Pundlik Jalam Patil v Executive…
De Facto Shebait’s right to continue in office
Whether a de facto shebait can claim a right to continue indefinitely in office. A de jure shebait and a de facto shebait exercise similar rights in the limited sense…
Dispossession and Discontinuance- Difference
Dispossession connotes an ouster; it involves a situation where a person is deprived of her/his possession with the coming of another person into possession. Dispossession implies deprivation of a right…