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…
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,…
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…
A precedent is a concept or rule stated or established in a previous legal case. It contains prior legal decisions made by judges in comparable situations, and so serves as a guide for what must be done in similar circumstances in the future. In the 18th century, the Government of India act, 1935 held that decisions…
Salmond defines right as an “interest which is protected and recognized by the rule of law. It is an interest which has its duty and disregard of which is wrong”. Rights can be said as fundamental normative standards concerning what is authorised or owed to persons according to some legal system, social convention, or ethical…
The Fundamental Rights given in Part III of the Constitution mark the beginning of a new era in the constitutional history of India. They are the foundation stone of democratic system in India. They defend individual’s freedom from the autocracy of executive and legislature. They give to the people the trust that state is an…
Doctrine and principles are significant concepts, they help to understand how the judicial machinery works in the nation. Under the Constitution of India, there is a division of legislative spheres between the Union and the States. Within their respective areas of authority, the union and the state legislature are supreme and they are not supposed…
Every person has the right to live a life on their own terms, without any interference from others. Article 21 of the Indian Constitution guarantees every citizen the right to life and personal liberty. This article is considered as the heart and soul of the Indian Constitution. Article 21 of the Indian Constitution states, “Protection…
The number ‘21’ plays a very important role in law. Article 21 of the constitution of India reads as “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” This right has been held to be the heart of the Constitution, the most organic and progressive provision…
Section 82 clearly briefs about the offence by a child as it states that, “any act done by a child of 7 years or under that will not be an offence under the eye of the law”. On the similar side Section, 83 mentioned about the acts done by a child under immaturity. This section lays…
