Justice Mookerjee held the following in Pulin Behari Das v. King Emperor, 16 CWN 1105. The acts of officers de facto performed by them within the scope of their assumed official authority, in the interest of the public or third persons and not for their own benefit, are generally as valid and binding as if […]
Read more "The De Facto Doctrine"“Justice S.R. Tendolkar, AIR 1958 SC 538 had postulated two conditions which must be satisfied for a classification to withstand a challenge under Article 14, namely: i) the classification should be founded on intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (ii) the differentia […]
Read more "The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna"Tata HDCL proposed ‘Project: Camelot’ in Revenue Estate of Village Kansal, Tehsil Kharar, District Mohali, State of Punjab. “The Doctrine of Public Trust has been considered by this Court in M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388. In Vellore Citizens’ Welfare Forum v. Union of India, (1996) 5 SCC 647 the Court considered […]
Read more "The Doctrine of Public Trust"“The same set of judicial precedents were cited and debated before us by both the sides. The first in the sequence is the Judgment of the Constitution Bench in Mohammad Shujat Ali v. Union of India, (1975) 3 SCC 76. While referring to the observations of Justice Brewer, “the very idea of classification is that […]
Read more "The Revival of Ray XXXI"Sudhir Krishnaswamy taught me at National Law School of India University, Bangalore in 2006. This book, first published in 2009, grew out of his Doctor of Philosophy in Law dissertation at Oxford University. Extensively researched. Magnificently written. Excerpt, follows. _____ The Basic Structure Doctrine evolved in the context of challenges to the constitutionality of land […]
Read more "The Doctrine of Basic Structure"“Retail outlets for sale of arrack were started by Kerala State Beverages Corporation Limited in the year 1995, in view of the decision taken by the Government of Kerala to abolish arrack shops which were hitherto run by private parties. There is no dispute that a number of abkari workers lost their livelihood due to […]
Read more "The Doctrine of Legitimate Expectation IV"Kedar Nath Motani, (1960) 1 SCR 861 had an occasion to consider the question of application of the maxims ‘ex turpi causa non oritur actio‘ and ‘ex dolo malo non oritur actio‘. The Three-Judge Bench, speaking through M. Hidayatullah, J. (as His Lordship then was), observed thus: “The correct position in law, in our opinion, […]
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