All You Want To Know About "Wills"

Sir John Salmond, the acknowledged authority on jurisprudence has in a statement which I consider as locus classicus said that "Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man, for the representation is in some sort identified by the law with him who he represents. The rights which the dead man can no longer own or exercise in...

Landmark Judgments Of Justice Muralidhar In Delhi High Court

Justice Dr S Muralidhar received an astounding farewell from the members of the Delhi High Court Bar Association on Thursday, on the occasion of his transfer to Punjab and Haryana High Court.The ceremony witnessed an unprecedented turnout of lawyers, and Justice Muralidhar won hearts with his speech punctuated with wit, wisdom and humility.In this context, let us have a look at some...

The Procedure Laid Down By The National Commission For Women For Dealing With Complaints Of NRI's

National Commission for Women under section 9(2) of the National Commission for Women Act, 1990 (20 of 1990) has formulated "The National Commission for Women(Procedure)Regulations,2016". This procedure is laid down for appropriate and effective handling of complaints registered in the NRI Cell of the Commission as per the provisions of Sec 10(4) of the National Commission for Women...

Constitutional Amendment And Fundamental Rights [Explainer]

We often commit a tactical blunder while subscribing to the fallacy that the Fundamental Rights enshrined under the Part III of the Constitution of India (hereinafter, "The Constitution") have been vouchsafed (to us) by the State. Our Constitution just reiterates that individuals possess some basic and inherent fundamental rights and the State must facilitate the enjoyment of...

Major Supreme Court Judgments On Reservation In Promotions

The Supreme Court's recent decision that there is no fundamental right to claim reservation in promotions has become a subject matter of intense debate. The decision was discussed in the Parliament, and the Centre has told the House that the matter was under the study and consideration of the Government at "high level".In this backdrop, this article traces the legal evolution of the concept...

15 Nine-Judge Bench Decisions In Supreme Court's History

A nine-judge bench of the Supreme Court is at present considering the issues of religious freedom and fundamental rights mentioned in the Sabarimala review order.In this backdrop, it is pertinent to note that there have been 15 nine-judge bench decisions in the history of Supreme Court. Here is a list of 15 landmark decisions by nine-judge benches in the history of the Supreme Court...

71st Republic Day : A Look At The Constitutional Amendments Struck Down By Courts On Basic Structure Doctrine

Constitution of a country is the basic norm - Grund Norm - which includes fundamental principles which lay down the foundation of a society. Though the phrase 'basic structure' is not explicitly mentioned in the Constitution, this was recognised in the case of Kesavananda Bharati v. State of Kerala. The 13-judge Constitution Bench of the Supreme Court in this case said that every...

Preamble To The Constitution : Ideals And Visions

The Preamble to our Constitution (in brief, 'Preamble') is more than just 63 words perfectly arranged and catalogued (in a certain way) in some normative sentences; most importantly, it is all about the democratic aspirations and ideals of the people of India (I. C. Golaknath & Ors vs State of Punjab & Anrs. 1967 SCR 2). It is pertinent to note that the Preamble does not...

What Is Article 131 Of Constitution? [Explainer]

Article 131 of the Constitution, a rarely used provision, was in the news last week with two unusual suits filed by the Governments of Kerala and Chhattisgarh, challenging two central legislations.The State of Kerala challenged the Citizens Amendment Act (CAA) by invoking the Original jurisdiction mentioned under Article 131 of the Constitution. The State of Chhattisgarh filed a suit the...

Explained - Mercy Petition, Presidential Pardon & Judicial Review

Few days ago, two of the death row convicts in the Nirbhaya case submitted mercy petition before the President of India.After the dismissal of their curative pleas by the SC, this is the last remedy available to them to avoid the gallows. In this backdrop, let us analyze the legal framework of mercy power.Provisions under Indian LawIt may be noted that Article 72 of the...

Amendment Of Pleadings After Commencement Of Trial: SC Explains [Read Order]

The Supreme Court has observed that the amendment of pleadings at the stage of evidence can be allowed only if the Court is satisfied that in spite of due diligence, the party could not introduce amendment before commencement of the trial. In a partition suit, the evidence had already begun and at that stage, the plaintiff filed application seeking amendment of plaint. The contention taken...

Explained-What Is Curative Petition?

Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court.Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about 'curative power'. The curative petition was given shape and form in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr.,where the...