1. Void Contract: Section 2 (j) states as follows: “A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable”. Thus a void contract is one which cannot be enforced by a court of law. Example : Mr. X agrees to write a book with a publisher. After fewContinue reading “Types of Contract”
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RES SUB JUDICE AND RES-JUDICATA
Res Sub Judice (Stay of Suit) Section-10: No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim, litigating under the same title,Continue reading “RES SUB JUDICE AND RES-JUDICATA”
ARTICLE 21 A – Right to Education
(The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Insertion of education as a Fundamental Right – 86th Amendment Act, 2002) “Education is a human right with immense power to transform. On its foundation restContinue reading “ARTICLE 21 A – Right to Education”
ARTICLE 21 – Right to Life and Personal Liberty
The framers of Indian constitution were deeply influenced by the international document i.e. Universal Declaration of Human Right (UDHR) 1948 which had a great impact on the drafting of Indian constitution. Article 9 of UDHR provides for ‘protection of life and personal liberty’ of every person. As India was signatory to the declaration, the constituentContinue reading “ARTICLE 21 – Right to Life and Personal Liberty”
Article 20 – “Autrefois Convict” or Double Jeopardy.
Protection in respect of conviction for offences. (1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in forceContinue reading “Article 20 – “Autrefois Convict” or Double Jeopardy.”
ARTICLE 19 – Right to Freedom of speech and expression.
Article 19 : – Protection of certain rights regarding freedom of speech etc. (1) All citizens shall have the right (a) to freedom of speech and expression; (( Right to freedom of speech and expression comprises compendium of rights. Right to information – Right to Know – right to communicate through media including – RightContinue reading “ARTICLE 19 – Right to Freedom of speech and expression.”
DEFINE THE TERM ADMINISTRATIVE LAW. EXPLAIN AND EVALUATE NATURE AND SCOPE OF ADMINISTRATIVE LAW.
1. DEFINITION OF THE TERM ADMINISTRATIVE LAW. • Administrative law is a separate branch of legal discipline in India. • Administrative law is that body of reasonable limitations and affirmative action parameters which are developed and operationalized by the legislature and the courts to maintain and sustain a rule-of-law society. • The four bricks ofContinue reading “DEFINE THE TERM ADMINISTRATIVE LAW. EXPLAIN AND EVALUATE NATURE AND SCOPE OF ADMINISTRATIVE LAW.”
ARTICLE 17 and 18 – Abolition of Untouchability and Titles
Untouchability has been abolished by the Indian Constitution through Article 17. The Article states that the practice of untouchability is prohibited in all forms. Article 17 of the Constitution abolishes the practice of untouchability. The practice of untouchability is an offense under the Untouchability Offences Act of 1955 (renamed to Protection of Civil Rights ActContinue reading “ARTICLE 17 and 18 – Abolition of Untouchability and Titles”
Article 15, 16 (RESERVATION)
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. No citizen shall, on ground only of religion, race, caste, sex, place of birth orContinue reading “Article 15, 16 (RESERVATION)”
Article 14 – Right to Equality and Equality before Law.
Right to Equality is the first fundamental right assured to the people of India. Article 14-18 of the Constitution guarantees this right to every citizen of India. Equality is one of the magnificent corner-stones of the Indian democracy. “ This right was considered to be a negative right of an individual not to be discriminated in accessContinue reading “Article 14 – Right to Equality and Equality before Law.”