Parenting and Law
The doctrine of separation of power was formulated by Montesquieu. In simple terms, it means that the concentration of power in only one person would result into difficulty and not proper management of the functions, therefore there should be proper distribution of power among the wings, clearly mentioned as- Legislative, which is responsible for the... Continue Reading →
NATURE OF ADMINISTRATIVE LAW: Administrative law is the branch of public law. The laws that are restricted to the administrative authorities are the concern of this Administrative law. Administration is the is the executive branch, which deals with the implementation of law. This law is not at all concerned with the power of the state,... Continue Reading →
Hans Kelsen (1881-1973), an Austrian jurist and philosopher stated the following points at the beginning of the 20th century which can help in summarizing his theory: Law is a Normative Science: He avoids the psychological definition of law given by Austin and states that law may be distinguished from science norms.Separation of law from other... Continue Reading →
As we know, administrative law is the branch of public law and its main concern is not about the power of the state rather how this power is used by the state to promote the public interest. The evolution of this law was seen during the post-independence period because of socio-economic and political activities. In... Continue Reading →
Audi alteram partem means that listen to the other side or let the other side be heard as well. It is one of the core principles of Natural Justice. It is a principle that no person should be judged without a fair hearing in which each party is allowed to respond to the shreds of... Continue Reading →
Rule of law means that the government cannot run solely on the whims and fancies of its own rather it has to abide few principles of law. This concept was originated by Edward Coke and was further developed by A.V. Dicey. There are 7 principles of Rule of law: Absolute Supremacy of law, which means... Continue Reading →
Hindu law has the oldest pedigree of any system of jurisprudence, and even now it shows no sign of decrepitude.” -Henry Mayne. The Hindu law is considered to be around 6000 years old ancient law system. The phrase “source of law” has several meanings to it, but in the present context this word means the... Continue Reading →
In order to distinguish between the necessary and the ancillary rights, it is very important to understand the meaning of the two terms. The former rights are absolute and negative and the latter one is conditional and positive. Let us understand this idea from examples: Is there any right, not to be intentionally killed by... Continue Reading →
The probable ways are: LOANS- These are the short- term loans that a company acquires in order to raise capital and it is acquired via keeping the assets of the company as security but the creditors do not become the co-owners of the company. Hindrances- That they tend to increase the debt of the company... Continue Reading →
Article 19(1)(g) guarantees the fundamental right to freedom of trade, occupation, profession or business whereas Article 48 guarantees organization of agriculture and animal husbandry. Cow slaughter finds a special mention in the Constitution of India under this article. It can be seen that this article was inserted in the Constitution merely, from the point of... Continue Reading →
The TRANSGENDER community in India were an ignored segment of the society and were target to lots of discrimination even in the basic necessities such as, employment, health, education etc despite protection given to them under the provisions of the Constitution of India. A landmark case of NALSA v. Union of India[1], “recognized the various... Continue Reading →
The key goals for this phase are as follows: Ensure the installation and access to relevant hardware: For Digital Courts to function properly, they are an unrelenting need for a continuous supply of power, stable internet connections, and other critical hardware to be installed properly to ensure the court’s uninterrupted functioning during proceedings.Creation of necessary... Continue Reading →
FACTS: In the year 1988, Haryana Tourism Corporation, hereinafter referred to as appellants appointed the respondents as a Gardener in the golf club on daily wages. Later, in the year 1989, they were asked to perform the duties of Tractor Drivers. They did so even when there was no mentioning of this post under the... Continue Reading →
Core values of digital courts: Trust- Digitization of courts should ensure the protection of constitutional and legal rights of individuals. In cases when there is live streaming of the court proceedings, a transparency is ensured and feedbacks must be taken at every step, in order to build up trust.Empathy- Digitization efforts should ensure that it... Continue Reading →
The word ‘Selfhood’ means a vision that indicates being self-supporting in economic terms and relying on one’s resources. India has been self-reliant from the period of Indus Valley Civilisation during the times of traditional methods of agricultural production and non-agricultural production. Gandhi Ji has reflected his ideas on the same in his book Hind Swaraj,... Continue Reading →
The makers of constitution have granted fundamental rights to every citizen in order to preserve democracy within the democratic country. This landmark judgment of Supreme Court, by majority of 4:1 has established superiority of the individual’s civil and fundamental rights over the detrimental and restrictive policies. No democracy can prosper, if freedom of speech and... Continue Reading →
Lon Fuller (1902-1978) was a supporter of modern natural law. His focus was on the ‘Reason’ of the human mind and that law and morality are correlated. He did not look back to natural law theories for defining the purpose of social life, rather he responded to this by distinguishing moralities of duty and aspiration.[1]... Continue Reading →
DOCTRINE OF ULTRA VIRES: The process of doing an act which is beyond the legal power and authority of the company and these acts does not create any legal relationship and thus is absolutely void. In the case of Eastern countries Rly. vs. Hawkes[1], it was held that the legal personality of the company exists... Continue Reading →
RIGHT TO NOTICE- NOTICE= INFORMATION= KNOWLEDGE[1] This right means the right of being known. An order that is passed without giving notice to the other party is against the principle of Natural Justice and it is considered void ab initio, which means null from the very beginning. The notice must contain the following facts: Time,... Continue Reading →
In the case of Sonik Industries, Rajkot vs Municipal Corporation of the City of Rajkot[1], wherein a rule was published in Gujrati level newspaper in a draft form and after considering the objections the final rules were placed at the Central office of the Municipality for inspection by people. The court in this case laid... Continue Reading →
Aishwarya Sandeep 