Relationship between morality and law is very intriguing. But when it comes to application of the same, through courts of law, how is it supposed to play? This judgment by the Supreme Court throws light on the same.
R. K. Garg and ors v. Union of India Read More »
Judiciary is “Guardians of the rule of law”. Whereas for the performance of its duty as Guardians of the rule of law, the court’s authority must be respected and protected at all costs. Therefore to maintain sanctity to the court and facilitate them to perform their functions effectively, they have been entrusted with extraordinary powers of Contempt of Court, to punish those who attempt to undermine the authority of the court or try to obstruct them from discharging their duties of scandalizing them.
It is a judicial obligation on the part of the High Court to undo any wrong which might have occurred in course of the judicial process and extends further to prevent a continuation of the unnecessary judicial process. Further, the same values have been enshrined in the Constitution.
Sarat Chandra Rath v. Malti Tandi Read More »
“Rule of Reason” is an important aspect to consider whilst whether an enterprise violates competition law or not. Wherein the agreement is not looked as per se wrong, but what is required that the reasoning be provided, to show why is it wrong.
Chicago Board of Trade v United States Read More »
The phrase “habeas corpus” literally means to “produce the body”, the writ of habeas corpus is one of the older writs know to common law. Habeas Corpus provides swift judicial review and thus a prompt and effective remedy against illegal restraint.
ADM, Jabalpur v Shivakant Shukla Read More »
One of the most important aspects of the adversarial system is undoubtedly the service of Summons, and delay in the service of summons continues to be one of the biggest reasons for the delay in disposal of cases. The Hon’ble Supreme Court of India acknowledges this problem in the landmark judgment.
Salem Advocate Bar Association v Union of India Read More »
For the success of the Insolvency regime, it is necessary, that person taking undue advantage of IBC provisions be prevented from introducing sham transactions so that the same doesn’t operate to detriments of rights of legitimate creditors. Such sham transactions are to be regarded as “avoidable transactions”, which can be tested on the test of “The real nature of transaction”.
Phoenic Are Private Limited v. Spade Financial Services Limited and ors Read More »
Valentine’s day is been celebrated on 14th February as a celebration of love, Whilst many couples in India often have to face the heat of various organizations on this day. Let’s see what Hon’ble Court has to say in this regard. For more details contact @Advocate Prakhar Gupta
Saeed Vs State of UP Read More »
Principles of natural control all actions of public authorities by applying rules relating to reasonableness, good faith, equity, justice, and good conscience. Whilst the exact definition of natural justice is not very clear, the “principles of natural justice” are widely accepted and enforced. For more details contact @Advocate Prakhar Gupta
Maneka Gandhi Vs Union of India Read More »
Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted). It is the duty of the court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court
Hardeep Singh Vs State of Punjab Read More »
