In the case of State Bank’s Staff Union (Madras Circle) v. Union of India and Ors. reported in, (2005) 7 SCC 584, Supreme Court noticed and defined the expression “retrospective” as under: Every sovereign legislature possesses the right to make retrospective legislation. The power to make laws includes the power to give it retrospective effect. Craies on Statute Law (7th […]

A mathadhipathi is the manager and custodian of the institution. See Vidya Varuthi Thirtha vs. Balusami Ayyar, 48 Ind App 302 at pages 311, 315. The office carries with it the right to manage and possess the endowed properties on behalf of the math and the right to sue on its behalf for the protection of those properties. During the […]

Curative Power The plenary powers of this Court under Article 142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes. These powers also exist independent of the statutes with a view to do complete justice between the parties. […]

Where a right of appeal to Courts against an administrative or judicial decision is created by statute, the right is invariably confined to a person aggrieved or a person who claims to be aggrieved. The meaning of the words “a person aggrieved” may vary according to the context of the statute. One of the meanings is that a person will […]

An Advocate who is found guilty of contempt of Court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that Advocate by either debarring him from practice or SUSPENDING his licence, as may be warranted, in the facts and circumstances of each case.

Court of Record has been defined as: “A Court whereof the acts and judicial proceedings are enrolled for a perpetual memory and testimony, and which has power to fine and imprison for contempt of its authority.” After the Constitution of India was promulgated in 1950, it appears that on Ist of April, 1960, a Bill was introduced in the Lok Sabha […]

We may now examine the right based on confidentiality in the context of marriage. Marriage is the sacred union, legally permissible, of two healthy bodies of opposite sexes. It has to be mental, psychological and physical union. When two souls thus unite, a new soul comes into existence. That is how, the life goes on and on on this planet. […]

“AIDS” is the product of indisciplined sexual impulse. This impulse, being the notorious human failing if not disciplined, can afflict and overtake anyone how high soever or, for that matter, how low he may be in the social strata. The patients suffering from the dreadful disease “AIDS” deserve full sympathy. They are entitled to all respects as human beings. Their […]

It is the basic principle of Jurisprudence that every Right has a correlative Duty and every Duty has a correlative Right. But the rule is not absolute. It is subject to certain exceptions in the sense that a person may have a Right but there may not be correlative Duty. The instant case, as we shall presently see, falls within […]

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