Can a writ of Certiorari be issued to High Court by Supreme Court?
Certiorari is a writ, and it is issued to an inferior court. The origin of this writ is from England. The inferior court conceived in English law in this context…
Does Trial under Camera Violate Article 19?
The question was considered in the case of “Naresh Shridhar Mirjakar v. State of Maharashtra (1966)’. While considering the question, the Court analysed the question as follows- It is a…
Torture in Police Custody and the Importance of Human Dignity
Albert Schweitzer, highlighting on Glory of Life, pronounced with conviction and humility, “the reverence of life offers me my fundamental principle on morality”. The aforesaid expression may appear to be…
Section 433A of CrPC- In Brief
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after the…
Why Supreme Court not allow reappreciation of evidence in every appeal?
If there is concurrent finding of facts by lower court and High court in a case, the Supreme Court considers the reappraisal or reappreciation of case in following circumstances- (1)…
Adverse possession- In Brief
In the eye of law, an owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the…
The Range of Judicial Review of Indian Supreme Court
The nature and scope of judicial review has been succinctly stated in Union of India v. Raghubir Singh(1989) by R.S. Pathak, C.J. thus: (SCC p. 766, para 7) “7. ……
Aruna Ramachandra Shanbaug v. Union of India (2011)- A Brief Analysis
Article 21 gives ‘right to life’ and it is guaranteed to all the citizens of India. The question was as to whether ‘right to die’ is also an integral part…
Easy, Intermediate, and Hard Cases- How Judges Decide the Case?
The Courts, in dispensation of their judicial duties of deciding cases, come across all types of problems which are brought before them. These cases may be broadly classified into three…
The Benefits of Corporate Trustees: Why Consider Professional Fiduciary Services
Introduction: When it comes to managing assets wealth and estates individuals and businesses often require assistance to ensure their interests are protected and their goals are met. A valuable resource…