Writs: Heart and Soul of the Constitution

Background of the Writs In Wharton’s Law Lexicon, writ has been described as:  A judicial process by which anyone is summoned as an offender; it is a legal instrument to enforce obedience to the orders and sentences of the courts. In Black Law’s Dictionary a writ has been stated to mean: A court’s written orderContinue reading “Writs: Heart and Soul of the Constitution”

Environmental Law: Human Rights Perspective

Abstract Environmental protection and human rights are interrelated, interconnected, and commonly responsive as the two of them planned to the prosperity of humanity. Safe and healthy climate is the precondition for the satisfaction in fundamental human rights. The linkage between these two approaches has perceived in different international and provincial instruments, goals of the UNContinue reading “Environmental Law: Human Rights Perspective”

Subhas Chandra Das Mushib v. Ganga Prasad Das Mushib, AIR 1967 SC 878

Introduction Plaintiff alleged that his father’s will deed, which conveyed the whole estate to defendant, plaintiff’s nephew, was influenced by undue influence on the donor. The deed, on the other hand, specifies that the property was given out of natural love and affection between the donor and the defendant. The main issue in this caseContinue reading “Subhas Chandra Das Mushib v. Ganga Prasad Das Mushib, AIR 1967 SC 878”

Abhilasha v. Parkash [2020 SCC Online SC 736]

Table Of Content Introduction and background Fact of case Argument Appellate argument Respondent argument  Issue Case laws referred by the supreme court Judgment Critical analysis of the judgment Conclusion INTRODUCTION AND BACKGROUND The law of maintenance has its own importance. According to general and social concept of maintenance, it is the duty of man toContinue reading “Abhilasha v. Parkash [2020 SCC Online SC 736]”

SHYAM NARAYAN CHOUKSEY V. UNION OF INDIA WRIT PETITION (CIVIL) NO.855 OF 2016 (THE NATIONAL ANTHEM CASE)

FACT: Back in the year 2003, the petitioner Mr Shyam Narayan Chouksey, a social activist from Madhya Pradesh went to see a movie in a cinema hall in which in the middle of the movie national anthem was played, so he stood up as a mark of respect as well as a fundamental duty. HisContinue reading “SHYAM NARAYAN CHOUKSEY V. UNION OF INDIA WRIT PETITION (CIVIL) NO.855 OF 2016 (THE NATIONAL ANTHEM CASE)”

Hadiya Marriage Case

Facts:- The petitioner (father )filed a case on the ground that Hadiya (originally Akhila Ashokan) was deceived into marrying her husband, Mr. Shafin Jahan and forcibly converted to Islam. I.e, He alleged that Hadiya had been misled and forced to become a Muslim. Question of law:-  Does the High Court have the power to annulContinue reading “Hadiya Marriage Case”

AYODHYA BABRI MASJID DISPUTE

Facts: According to Hindu mythology, Lord Rama was born on the Sarayu river banks, which in present-day is a place identified in Uttar Pradesh. According to Hindu beliefs, a temple stood at the birthplace of Lord Rama, which was demolished in 1528 by Mughal emperor Babur who then constructed the Babri Masjid there. Again inContinue reading “AYODHYA BABRI MASJID DISPUTE”

Sansar Chand v State of Rajasthan, 2010 (10) SCC 604

Introduction India is well known for its diverse flora and fauna. But over the decades, due to illegal trade, hunting, poaching and export of the animals led to rapid decline of India’s wild animals and bird and some of them are extinct, which is cause of main concern. In order to maintain the ecological balanceContinue reading “Sansar Chand v State of Rajasthan, 2010 (10) SCC 604”

Harvey vs. Facey (1893) AC 552

Introduction Harvey vs. Facey case is one of the important case law in contract law as it defines the difference between an invitation to offer and offer. In this case it is shown that the quotation of the price was held not to be an offer. Its importance is that it defined the difference between an offerContinue reading “Harvey vs. Facey (1893) AC 552”

Gloucester Grammar School’s Case (1410) YB 11 Hen IV, fo. pl. 201, 23

Introduction ‘DAMNUM SINE INJURIA’ a legal maxim which means damage without injury. The concept is dealt under Law of Torts. Torts provides damages to the people who have suffered legal injury, the cardinal point is that people have suffered legal injury. There are 3 conditions to claim that someone would be liable under tort law:Continue reading “Gloucester Grammar School’s Case (1410) YB 11 Hen IV, fo. pl. 201, 23”