AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi… Read More U. N. R. Rao Vs Smt. Indira Gandhi [ALL SC 1971 MARCH]
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content.… Read More What is the meaning of “Office”
Law normally connotes a rule or norm which is of general application. It may apply to all the persons or class of persons or even individuals of a particular description. Law prescribes the abstract principles by the application of which individual cases are decided. Law, however, is not what Blackstone called “a sentence”. According to… Read More What is Law ?
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held Supreme Court in the case of Kesavananda Bharati,it was held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution. All the seven Judges who constituted the majority were… Read More How to decide Election Dispute?
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function. Although there is it the Constitution of India no rigid separation of powers, by and large the spheres… Read More Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?
Supreme Court in Matajog Dobey v. H. C. Bhari, (1955) 2 SCR 925 interpreted the words “official duty” to have reasonable connection between the act and the discharge of duty. The act must bear such relation to the duty that the person could lay a reasonable claim, but not a pretended fanciful claim, that he… Read More Meaning of Official Duty
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only… Read More What is Constitution ?
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, defined, shall be those of the House of Commons of the Parliament of the United Kingdom. 78. In Special Reference No. 1 of… Read More What is the nature of Parliamentary Previllege ?
The Executive, the Legislature and the Judiciary are all treated under our Constitution with respective spheres. The jurisdiction of this Court and of High Courts under our Constitution is dealt with by Articles under the Heads of the Union Judiciary and the State Judiciary. Under Article 136 any Tribunal or Court is amenable to the… Read More In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.
KEYWORDS:- Judges Inquiry- (2003) 4 SCALE 643 : (2003) 5 SCC 494 : (2003) 1 Suppl. SCR 108 (SUPREME COURT OF INDIA) indira Jaising Appellant Versus Registrar General, Supreme Court of India and Another Respondent (Before : S. Rajendra Babu and G. P. Mathur, JJ.) Writ Petition (Civil) No. 218 of 2003; Decided On: 09-05-2003 Constitution… Read More How to remove a Superior Court Judge in India ?
A decision of a Court is a precedent if it lays down some principle of law Supplorted by reasons. Mere casual observations or directions without laying down any principle of law and without giving reasons does not amount to a precedent. In State of Punjab vs. Baldev Singh (1999) 6 SCC 172, a Constitution Bench… Read More What is binding Precedent for lower Court ?
Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1)… Read More What are powers of the appellate court while dealing with an appeal against an order of acquittal