The essential practices doctrine was articulated in Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshimindra Thirtha Swamiar of Sri Shirur Mutt[1] , where the mathadipati challenged the Madras HRCE Act,1951. The central question here was: ‘Where is the line to be drawn between what are matters of religion and what are not?[2] It was the…
The larger debate regarding State and Religion is always-What is the best policy; exclusion or intrusion? The definition of ‘Secular’ in Merriam-Webster focuses on indifference, exclusion and to an extent- rejection of religion. The Indian model of secularism is inclusive and is based on the principle of equal respect to all religions thereby ruling out…
In continuation with previous part let’s now discuss about contact when the performance depends upon non-happening of an event, Section 33 of the Indian Contract Act 1872 provides that “Contingent contracts to do or not to do anything if an uncertain future, event does not happen, can be enforced when the happening of that event…
When the object with which the contract was formed is fulfilled, the liability of parties under the contract comes to an end. The contract is then said to be discharged. But But performance is not the only way in which a contract is discharged. A contract may be discharged in following ways.(1) Performance(2) Impossibility of…
“We are in times of use of technology. We are under contemplation of a scheme called FASTER : Fast and Secure Transmission of Electronic Record. It is meant to communicate all orders to concerned jail authorities without waiting.” Chief Justice of India NV Ramana on Friday stated that the Supreme Court of India is in…
Punishment is primarily used as a method of protecting society by reducing the occurrence of criminal behavior. The object of protecting the society is sought to be achieved by deterrence, prevention, retribution and reformation. Of these, deterrence is usually regarded as the main function of the punishment others being merely secondary. The theories of punishment…
Why in news? A plea (or Petition) has been filed by a married same-sex couple, in which one of them is an Overseas Citizen of India and his partner a United States citizen. The spouse is applying for Overseas Citizen of India status, but fears that his application as well as the request for the…
Article 21 of the Constitutional provides with protection of life and personal liberty- “No person shall deprived of his life or personal liberty except according to procedure established by law”. For custodial death, a Writ Petition can be filed before the High Court. The court can award compensation to the victim’s family. Custodial death has…
The arguments for retaining Section 124A of the IPC are that they are essential in combatting anti-national, secessionist and terrorist elements.[1] However, to counter this argument, it has been put forth rightly that the government is using Section 124A to its advantage in order to silence all forms of criticism and political dissent, thereby protecting itself…
The rule of law was written by A.V. dicey in 1885 in the British constitution and he had 3 ideas in rule of law- 1) Absence of Arbitrary Power: No man is above law. No man is punishable except for a distinct breach of law established in an ordinary legal manner before ordinary courts. Persons in authority in…
