Ashburner’s Principles of Equity
The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.
Mitakshara School of Law
The Hindu branch of dharma is influenced by the theological tenets of the Vedic Aryans. What is not modified or abrogated by the legislation or constitutional provisions still prevails, the…
Privacy as a Right of Citizens- Jurisprudential Aspects
The Greek philosopher Aristotle spoke of a division between the public sphere of political affairs (which he termed the polis) and the personal sphere of human life (termed oikos). This…
Privacy as a Natural and Inalienable Right
Privacy is a concomitant of the right of the individual to exercise control over his or her personality. It finds an origin in the notion that there are certain rights…
Doctrine of the lost grant- Explained in Detail
Under the doctrine of lost grant, a long-continued use or possession can raise a legal presumption that the right exercised was previously conveyed to the user or possessor and that…
Equity and Article 142- A Brief Discussion
The concept of ‘justice, equity and good conscience’ as a tool to ensure a just outcome also finds expression in Article 142 of the Constitution which reads: “142. (1) The…
The origin of ‘Justice Equity and Good Conscience’ in India
The application of ‘justice, equity and good conscience’ to India commenced with colonial rule in Bombay. As Bombay assumed prominence as a commercial centre, there arose a need for a…
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 jural consequence of a remission of the sentence.
Remission, in the legal context, doesn't equate to absolution. It doesn't erase the committed offense or the resulting conviction; rather, it meticulously influences the execution of the imposed sentence.
What is Sovereignty? – Explained
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…