This article delves into the concept of condonation of delay under the Limitation Act. It explains how courts can overlook delays in filing cases under specific circumstances. The article discusses the legal provisions, key factors considered by courts, and real-world examples. It highlights the bal
In the case of Supriya Chakraborty v. Union of India, the Supreme Court ruled on the constitutional validity of certain provisions of a government ordinance affecting labor rights. The Court held that the ordinance violated fundamental rights guaranteed under Articles 14 (right to equality) and 21 (
The article explores the legal concept of remoteness of damage in tort law. It examines how courts determine the extent to which a wrongdoer is liable for the consequences of their actions. By tracing the historical development from proximate cause to the modern emphasis on foreseeability, the artic
In Sharda v. Dharmpal (2003), the Supreme Court of India affirmed its authority to order medical examinations in matrimonial cases, balancing individual privacy rights under Article 21 with the need to ascertain truth in disputes. The court held that, although no specific statutory provision grants
A preamble is an introductory statement in a document that outlines the reasons and intent behind its creation. It sets the stage for the text that follows, providing context and purpose. In legal documents, such as constitutions, the preamble often highlights the fundamental values and goals, servi
Mergers and acquisitions (M&A) are complex transactions involving the combination or purchase of companies. This article explores the intricacies of M&A, differentiating mergers from acquisitions and examining the various types. It delves into the challenges associated with M&A, including cultural i
Amendment to the Indian Constitution: Article 368 is hereby amended to include provisions for ratification of amendments by a special majority of each House of Parliament and ratification by not less than one-half of the State Legislatures. Additionally, certain fundamental rights may be amended sub
In the case of Damanna v. Amar, The court established that the daughters are coparceners by birth with equal coparcenary rights as sons. The court gave retroactive application of coparcenary rights, meaning that the daughters born before the 2005 amendment are also entitled to coparcenary rights and
The Doctrine of Basic Structure, established by the Indian Supreme Court, holds that certain fundamental principles of the Constitution are immutable and cannot be altered even by constitutional amendment. These principles include democracy, rule of law, judicial review, secularism, and federalism.
This article explores the concept of strict liability within the framework of tort law. Strict liability imposes liability for harm caused by an ultra-hazardous activity, even in the absence of negligence. The seminal case of Rylands v. Fletcher will be examined to illustrate the key elements of thi
India’s Chandrayaan-3 mission achieved a historic soft landing on the moon’s south pole, marking a major milestone in global space exploration. This achievement underscores India’s expanding role in space, driven by private sector involvement and new policies. However, a comprehensive domestic space
Doctrine of Territorial Nexus state that laws made by a state legislature are not applicable outside that state, except when there is a sufficient nexus between the state and the object. This doctrine derives its authority from Article 245 of the Indian Constitution. Territory or Territorial refers
The idea of incidental or ancillary powers states that if a legislative body has the ability to legislate on a certain subject, it also has the power to act on related subjects. Unless the supplementary topic is specifically identified as falling under the purview of another legislative body, if hel
The doctrine of severability entails that a part of pre-constitutional law or post-constitutional law can be deemed void and be severed from the rest of the operative part of the Act.
The doctrine of pith and substance serves as a cornerstone in a federal structure like India, ensuring a delicate balance between the Central and State legislative bodies. The application of this doctrine comes into question when the competence (authority) of the legislature regarding certain legisl