The De Facto Doctrine

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 […]

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The Nature of Judicial Power: Hon’ble Justice Sanjiv Khanna

“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 […]

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The Doctrine of Public Trust

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 […]

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The Revival of Ray XXXI

“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 […]

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The Doctrine of Basic Structure

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 […]

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Ex Turpi Causa Non Oritur Actio

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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