Introduction to Githa Hariharan v. Reserve Bank of India, 1999
In a pivotal judgment that challenged entrenched societal norms, the Supreme Court of India, in the case of Githa Hariharan v. Reserve Bank of India, revisited the interpretation of guardianship under the Hindu Minority and Guardianship Act, 1956. This case became a cornerstone for gender equality in the realm of parental rights, establishing the mother’s […]
Landmark Ruling: ITLOS Advisory Opinion 2024
In a groundbreaking development on May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion that marks a significant milestone in the legal battle against climate change. This opinion was in response to a request from the Commission of Small Island States on Climate Change and International Law […]
Landmark Judgment on Best Evidence Rule 2023
Introduction In a riveting judgment by the Hon’ble Supreme Court, the principles of best evidence under the Indian Evidence Act, of 1872, specifically under Sections 91 and 92, were brought into the limelight. This case revolves around a dispute involving a tenant and the landlord over an agency-cum-license agreement that eventually led to a legal […]
Special Marriage Act Controversy 2023
In a recent judgment by the Madhya Pradesh High Court, a marriage between a Hindu woman and a Muslim man was declared invalid under the Special Marriage Act (SMA), 1954, sparking widespread criticism for its perceived regression from societal progress. This case highlights a complex intersection of law, religion, and societal norms, challenging the foundational […]
Consideration in Contracts: Durga Prasad Case, 1877
This editorial delves into the intricate aspects of consideration in contracts under Section 2(d) of the Indian Contract Act, 1872 (ICA), illustrated through the Durga Prasad case of 1877. A fascinating legal dispute emerges from the establishment of Hume Ganj, a market in Etawah, by Durga Prasad at the encouragement of the local collector. Prasad’s […]
Introduction to Parole and Political Representation
In the panorama of Indian democracy, the recent Lok Sabha elections have unfolded intriguing narratives, particularly with the electoral victories of Amritpal Singh and Sheikh Abdul Rashid. Despite being behind bars, these individuals managed to secure wins, pointing toward the multifaceted layers of democracy in India. This scenario not only highlights the spirit of the […]
Landmark Verdict on Adultery 2018
In a groundbreaking decision, the Supreme Court of India delivered a judgment that would redefine the contours of matrimonial laws and gender equality in the country. The verdict on adultery case in question challenged the constitutionality of Section 497 of the Indian Penal Code (IPC), which criminalized adultery, arguing it was a violation of fundamental […]
Dying Declarations and Conviction: Supreme Court Judgment
In a riveting case that drew considerable attention, the Supreme Court delved into the intricacies of dying declarations and their reliability as evidence in criminal proceedings. At the heart of this legal examination was an incident of deadly assault within a faction-ridden community in Nagpur, leading to the tragic demise of Baboolal. Accused of his […]
Debating Judicial Work Hours: Backlog of Cases
The Indian judicial system often finds itself under scrutiny, particularly regarding judges’ work hours and vacation times. Recent comments have reignited this debate, suggesting that judges work for only a few hours daily and enjoy lengthy vacations. This simplistic view does not take into account the multifaceted reasons behind the backlog of cases, which go […]
Supreme Court Verdict on Reservation in Promotions
In a landmark decision, the Supreme Court scrutinized several constitutional amendments to fortify the framework for reservation in promotions, specifically for Scheduled Castes (SCs) and Scheduled Tribes (STs), within government services. This examination was pivotal, as it delved into the constitutional validity of mechanisms designed to ensure fair representation and equality in public employment for […]