Judicial Activism The term judicial activism has been defined in the Black’s Law Dictionary. According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions. Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and […]
Dissolution of Partnership Firm According to Section 39 of the Indian Partnership Act, 1932 the dissolution of partnership between all partners of a firm, is called Dissolution of the Firm. It is a complete breakdown of the relation of partnership between all the partners. The modes of Dissolution of the Firm are as under –
Why Does the Supreme Court Conduct the Advocate-on-Record Examination? Introduction The Supreme Court of India is the apex judicial institution in the country. It is the final interpreter of the Constitution, the highest appellate court, and the ultimate guardian of fundamental rights. Proceedings before the Supreme Court often involve substantial questions of constitutional law, significant
Adarsh Vidyalaya Shikshan Samiti v. State of Maharashtra (2015) Introduction The Bombay High Court in Adarsh Vidyalaya Shikshan Samiti v. State of Maharashtra considered whether the members of an earlier managing body of a public trust could continue to exercise authority merely because the change report filed by the newly elected body was pending before
Examination of Witnesses Meaning and Concept The examination of witnesses refers to the process by which witnesses are questioned in court to establish facts and assist the court in arriving at a just decision. It plays a vital role in both civil and criminal trials. Number of Witnesses The law does not require any fixed
Revision Meaning of Revision Revision refers to the power of a superior court to examine the correctness, legality or propriety of any order passed by a subordinate court. Statutory Provision Section 115 of the Code of Civil Procedure, 1908 provides for revision and empowers the High Court to exercise revisional jurisdiction in appropriate cases. Nature
Doctrine of Constructive Notice Meaning The Memorandum of Association (MOA) and Articles of Association (AOA) are Public documents and are easily available for inspection of public at the office of Registrar of Companies. Under the doctrine of constructive notice, it is presumed that, the person dealing with a company has read these documents even if
Doctrine of Election Statutory Provision Section 35 of the Transfer of Property Act, 1882 lays down the Doctrine of Election. Meaning The term Election means to select between two alternative or inconsistent rights. Section 35 provides that, when a person who is a stranger to the property or having no authority over the property transfers
Bars to Matrimonial Reliefs Statutory Provision Section 23 of the Hindu Marriage Act, 1955 only provides the list of grounds/bars to matrimonial reliefs. There are mainly eight bars to matrimonial remedies. They are as follows – Doctrine of Strict Proof The Court cannot merely pass a decree on the basis of admission of the Petition
Award, Jurisdiction and Powers of the Lok-Adalat Award Section 21 of the Legal Services Authorities Act, 1987 deals with Award of Lok Adalat. The Lok-Adalat is empowered to pass an Award for a dispute which is referred to it for determination. It may be noted that, every Award passed by the Lok Adalat shall be