Case Brief: K. N. Mehra vs The State of Rajasthan

Brief Details: Relevant Citation: AIR 1957 SC 369Decided on: 11th February, 1957Court: Supreme Court of IndiaJudge Bench: Honorable Justice Jagannadhadas B. Imam, Justice Syed Jaffer Menon and Justice P. Govinda. Facts of the Case: K. N. Mehra and M. Z. Phillips were cadets who were doing training in the Indian Air Force Academy situated in... Continue Reading →

Analysis on right of private defence

Introduction Section 96 to 106 of the Indian Penal Code, 1860 deals with the right of private defence of person and property. The provisions of these sections give authority to the person to use necessary force against wrong-doers in order to protect one’s own body and property as well as another’s body and property. One... Continue Reading →

Case Brief: H.S. Verma vs T.N. Singh

Brief Details: Relevant Citation: 1971 AIR 1331Decided on: 16th March, 1971Court: Supreme Court of IndiaJudge Bench: Honorable Justice S.M. Sikri, J.M. Shelat, C.A. Vaidialingam, A.N. Grover, A.N. Ray Facts of the Case: The petitioner was a rate payer working in Lucknow, Uttar Pradesh. Mr. Tribhuvan Narain Singh (the respondent) was appointed Chief Minister of Uttar... Continue Reading →

Case Brief: M.C. Mehta vs Union of India

Brief Details: Relevant Citation: 1987 AIR 1086Decided on: 20th December, 1986Court: Supreme Court of IndiaJudge Bench: Chief Justice P. N. Bhagwati, G. L. Misra Rangnath Oza, M. M. Dutt, K. N. Singh. Facts of the Case: Shri Ram Foods and Fertilizers Industries was located in a very densely populated area of Kirti Nagar, New Delhi.... Continue Reading →

Article 21: right to life and personal liberty

Every person has the right to live a life on their own terms, without any interference from others. Article 21 of the Indian Constitution guarantees every citizen the right to life and personal liberty. This article is considered as the heart and soul of the Indian Constitution. Article 21 of the Indian Constitution states, “Protection... Continue Reading →

Case Brief: Smt. Kewal Pati vs State of Uttar Pradesh

Brief Details: Relevant Citation: 1995 (3) SCR 207Decided on: 6th April, 1995Court: Supreme Court of IndiaJudge Bench: R.M. Sahai and S.B. Majumdar Facts of the Case: Ramjit Upadhyaya (the deceased) was given life imprisonment in Varanasi Central Jail. He was accused under Section 302 of the Indian Penal Code[1], 1860. Happu (the accused) was another... Continue Reading →

Sedition: A Threat to Freedom of Speech and Expression

One of the most essential ingredients in a democracy is the right to speak freely. It includes the right to express one’s own opinions and beliefs through words, images, writing, or through any other means, freely and without any fear. Such a right has been enshrined under Article 19(1)(a)[1] of the Indian Constitution. However, it... Continue Reading →

Drug Abuse and Crimes: Can society break this connection with the help of the laws

A drug is any substance that results in a change in an organism’s psychology when it is consumed. Drug Abuse is excessive use of a psychotropic substance that results in many physical and psychological problems. Drug Abuse is a very big problem in today’s world as many adolescents are becoming prone to it. There are... Continue Reading →

Case Brief: Indian Express Newspaper vs Union of India

Brief Details: Relevant Citation: 1986 AIR 515Decided on: 6th December, 1984Court: Supreme Court of IndiaJudge Bench: Honorable Justice V.C. Daga and J.P. Devadhar Facts of the Case: In this case, the petitioners were companies, employees and shareholders who were engaged in the publication of newspapers. Initially, the newsprint enjoyed the benefit of not being covered... Continue Reading →

Hiba under Muslim Law

A muslim can transfer his/her property in various ways. Under muslim law, a person can transfer his/her property by a way of gift or through will. The term gift is known as “Hiba” under Muslim Law. A muslim can transfer his/her whole property by way of gift but he/she can only transfer one-third of the... Continue Reading →

Farm Bills, 2020: An Overview

Agriculture sector has been the backbone of the Indian Economy as it is one of the major contributors to the GDP of the country. More than 70% of the Indian population depends primarily on agriculture as their source of income. Recently, the government of India passed 3 Farm Bills with an aim to increase the... Continue Reading →

LGBTQ+ RIGHTS

Article 21[1] of the Indian Constitution guarantees every individual Right to Live with Human Dignity and Respect. So, has not been the case with the LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer and others) Community in India who have been subject to cruelty and harassment. 6th September, 2018 was a day of Independence for the LGBTQ+... Continue Reading →

Case Brief: Tukaram and others vs State of Maharashtra

Brief Details: Relevant Citation: AIR 1979 SC 185Decided on: 15th September, 1978Court: Supreme Court of IndiaJudge Bench: A.D. Koshal, Jaswant Singh and P.S. Kailasam Facts of the Case: Mathura, a young orphan, lived with her brother named Gama as her parents had died. She used to work at the house of Nunshi. There she developed... Continue Reading →

Wasiyat: Concept and Formalities

Under Islamic Law, there are various ways in which a person can dispose of his/her property by way of gift by either creating a waqf or by making a will. Will enables a person to dispose of his/her own property to someone whom he/she wants to give after his/her death. It comes into effect only... Continue Reading →

Delegated Legislation and its Control

Montesquieu, a French scholar, propounded the theory of separation of powers. According to this theory, three organs (i.e.) the legislature, the executive and the judiciary should perform their functions independently and no organ should interfere in the work of the other organ. However, the Indian Constitution does not strictly follow this theory. According to the... Continue Reading →

Case Brief: Javed vs State of Haryana

Brief Details: Relevant Citation: AIR 2003 SC 3057Decided on: 30th July, 2003Court: Supreme Court of IndiaJudge Bench: Honorable Justice R.C. Lahoti, Ashok Bhan and Arun Kumar. Facts of the Case: The Haryana Government passed Haryana Panchayati Raj Act, 1994[1]. The petitioner challenged the constitutionality of this case as it prohibited anyone with more than two... Continue Reading →

Adoption under Hindu law

The Hindu Adoption and Maintenance Act, 1956 [1]deals with the legal procedure of adoption of children by Hindus and other legal obligations that need to be followed like maintenance of children, wife etc. This law was derived from the uncodified Hindu Laws Dharamsastra. This act was enacted as part of the Hindu Code Bills. This... Continue Reading →

Doctrine of Legitimate Expectation

The doctrine of Legitimate Expectation is one of the tools which is used by the Courts to review the executive actions. This doctrine deals with the relationship between an individual and a public authority. According to this doctrine, a person has a reasonable expectation to be treated in a particular way by the administrative authorities... Continue Reading →

Principles of Natural Justice

Principle of Natural Justice has been derived from the word ‘Jus Natural’ which means law of nature. In simple language, natural justice means what is right and what is wrong. It is a law of nature which is not derived from any Constitution or Statute. Initially, the principle of natural justice was confined only to... Continue Reading →

Administrative Tribunals

Administrative Law determines the power which can be exercised by the government. After the Indian Constitution was drafted, several rights were guaranteed to the citizens of India. Citizens have the right to speedy trial which is not possible due to the prevailing situation of the judiciary system due to the large number of cases pending,... Continue Reading →

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