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AIR 1973 SC 1461 Background of the Case The events which are leading to Kesavananda Bharti's case dates back to 1951. Soon after the enforcement of the Constitution, the question was prevalent regarding the extent of amending powers of the Constitution. The prominent question in all the following cases was that whether fundamental rights are amendable and whether the word 'law' under Article 13 includes the amending law. For the first time, the said question was raised in the case....
Read MoreKush Kalra vs. Union of India and Ors. 2021 BENCH: Justice Sanjay Kishan Kaul, Justice BR Gavai FACTS OF THE CASE: In the Delhi High Court, the PIL had been filed for the issuance of writ of mandamus to the respondents i.e. Union of India and Indian Army. The writ petition had been filed by the appellant for inclusion of women Indian Territorial Army at par with men. The criterion for selection to the Indian Territorial Army was possible if women....
Read MoreDR. HARISH KUMAR KHURANA vs. JOGINDER SINGH AND ORS. 2021 Medical Negligence is basically the combination of two words i.e. medical and negligence. Negligence means absence of due care and caution; when the medical practitioner fails to exercise due care and caution it is called medical negligence. Medical negligence is primarily an offence under Consumer Protection Act and Indian Penal Code. Under the Consumer Protection Act, the doctor is considered as the expert in his field and patients are his....
Read MoreVINEETA SHARMA vs. RAKESH SHARMA & ORS. AIR 2020 SC 3717 Bench- Justice Arun Mishra, Justice M. R. Shah and Justice S. Abdul Nazeer Background of the Case- In India after the Independence, the lawmakers introduced the Hindu Code Bill which would consolidate and codify the Hindu Personal Laws. After the lot protest around the country, the Hindu Code Bill became a law and 4 legislations were enacted i.e. The Hindu Marriage....
Read MoreSATYABRATA GHOSE VS. MUGNEERAM BANGUR & CO. AIR 1954 SC 44 The Indian Contract Act, 1872 specifies the conditions under which the parties can be discharged of their contractual liabilities, one such condition is doctrine of frustration. The doctrine of frustration is an English Common Law doctrine which has been incorporated under Section 56 of the Indian Contract Act, 1872 and hence given the statutory recognition. According to this doctrine, if the performance of a contract becomes impossible due to....
Read MoreMOHORI BIBEE Vs. DHARMODAS GHOSE ILR (1903) 30 CAL 539 (PC) The Section 2(h) of the Indian Contract Act, 1872 defines contracts as an agreement enforceable by law. The contracts cannot be entered into by any person; the competency regarding the same has been laid down under Section 11 of the Act. The Section 11 of the Indian Contract Act, 1872 states that the person of age of majority, sound mind and not disqualified by law are competent to contract.....
Read MoreREVOLUTIONARY STEP OF KERALA HIGH COURT: MARITAL RAPE A GROUND FOR DIVORCE In India, law doesn't recognise marital rape. Marital rape means a forceful intercourse with the spouse. The Indian Penal Code penalises rape but it fails to recognise non-consensual sex within marriage. However, the Supreme Court of India in the case of Independent Thought v. Union of India 2017 partially penalised marital rape by deciding that forceful sexual intercourse with a wife between the 15years of age to 18years....
Read MoreINDEPENDENT THOUGHT Vs. UNION OF INDIA AND ANR. (AIR 2017 SC 4904) The Section 375 of Indian Penal Code defines 'rape'. This provision was amended by Criminal Law Amendment Act, 2013 haphazardly after the Nirbhaya incident. The Amendment to the said Section increased the age of consent to sexual intercourse to 18 years. However, the Exception-2 of the said provision was not amended which stated that "sexual intercourse by a....
Read MoreCARLIL Vs. CARBOLIC SMOKE BALL COMPANY (1893) 1 Q.B. 256 In our day to day lives most of the relationships are governed by the agreements. The agreements which are enforceable by law are contracts. However, to constitute any agreement the foremost requirement is the offer and its acceptance. The offer is constituted when there is a proposal by one i.e. the willingness to do or abstain to do something with an intention of obtaining assent of the other party. Although,....
Read MoreREG V. GOVINDA In India the criminal law is governed by the Indian Penal Code, 1860. The Chapter 16 of the Code deals with "Offences Affecting the Human Body." The most important provision of the Chapter is Section 299 and Section 300. The former defines culpable homicide while the latter defines murder. The language of these provisions suggests that there is no difference between Section 299 and Section 300. The similarity of the language of these provisions is the reason....
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