When the Constitution was adopted, the constituent political units in the country consisted of different types of States (albeit with different structures, powers, and relationships with the Union Government) and…
Article 368 of the Constitution provides for the procedure by which the Constitution may be amended. Clause (2) of Article 368 is extracted below: “Power of Parliament to amend the…
Part XVIII of the Constitution deals with two types of emergencies, national emergencies, and the failure of constitutional machinery in a State. The invocation of a national emergency under Article…
Sovereignty has different connotations in political theory, law and philosophy. Even within these fields, there is no definitive meaning about its content. European philosophers, from Hobbes to Locke to Rousseau…
Equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed cabined and confined” within traditional and doctrinaire limits. From a positivistic point of view, equality…
Anti-Suit Injunctions are meant to restrain a party to a suit/proceeding from instituting or prosecuting a case in another court, including a foreign court. Simply put, an anti-suit injunction is…
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…
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…
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…
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 stated…
