DR ANUPAM KUMAR MISHRA

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organization of norms and laws

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of Non-

    CASE REVIEW OF JOSEPH SHINE VS UOI   INTRODUCTION  Adultery is illegal in India, according to section 497 of the Indian Penal Code. Section 497 has been challenged in court multiple times in the past, but each time the Supreme Court has upheld its validity. However, in the case of Joseph Shine v. Union of India, the Supreme Court of India struck down the 158-year-old Victorian morality statute prohibiting adultery on September 27, 2018.   FACTS The legality of section 497 of the Indian Penal Code was challenged by hotelier Joseph Shine. The petition's main goal was to protect Indian men from being punished by vindictive women or their husbands for extramarital affairs. In Kerala, a close friend of the petitioner committed suicide after a female coworker accused him of rape. COURTS JUDGEMENT A three judge bench headed by then CJI Dipak Mishra had referred this petition to a five judge constitution bench which comprised of CJ Dipak Mishra, and Justices R.F Nariman, A.M Khanwilkar

  CASE REVIEW OF SR BOMMAI VS UOI INTRODUCTION The imposition of President's Rule over a State of India is dealt with in Article 356. When a state is placed under President's Rule, the elected state government (headed by the Chief Minister and the Council of Ministers) is sacked, the Council of Ministers is suspended at the legislature, and the Governor of the state is in charge of administration. FACTS OF THE CASE Between 13 August 1988 and 21 April 1989, SR Bommai was the chief minister of the Janata Dal government in Karnataka. On April 21, 1989, his government was dismissed under Article 356 of the constitution, and president's rule was established in what was then a party-based system to keep the opposition at bay. The dismissal was based on the fact that the administration had lost its majority as a result of large-scale defections orchestrated by a number of party leaders at the time. Despite a letter giving him with a copy of the resolution passed by the Janata Dal

  JUDGEMENT ANALYSIS OF GOLAKNATH V STATE OF PUNJAB INTRODUCTION One of the most important instances in Indian legal history is Golaknath v State of Punjab. In this situation, a variety of questions have been raised. The most crucial question was whether or not the parliament has the authority to change the basic rights established in Part III of the Indian Constitution. The petitioners argued that the parliament does not have the authority to change fundamental rights, while the replies argued that the constitution's authors never intended for our constitution to be inflexible and non-flexible. The Supreme Court ruled that parliament cannot modify basic rights. In the case of Kesavananda Bharati VS UOI 1973, this judgement was overturned. The court ruled that while the parliament can amend the constitution, including fundamental rights, it cannot change the constitution's core framework. SUMMARY OF FACTS In Jalandhar, Punjab, Henry and William Golaknath owned about 500 acres o

 WRITTEN STATEMENT & VAKALATNAMA & EXAMINATION AND CROSS-EXAMINATION WRITTEN STATEMENT  Written statement is the defense of the defendants.   A 'defense' called the written statement, in general this is a reply of plaint, in which defendant deny or admit the each and every allegation or facts given in the plaint.  Denial or admission must be Para wise and clear.  In the written statement defendant can put his case also under the heading additional plea, and can states new facts or ground which is necessary to defeat the opponent.  If defendant want to put his own claim against the plaintiff he can put it by way of set- off and counterclaim under order 8 Rule 6 and 6A of C.P.C. Drafting of Written Statement  Order VIII of CPC provides for the filing of a written- statement, the particulars to be contained therein and the manner of doing so.   It requires what a written statement should contain.   Before drafting the written statement, it is the du

 EQUITY AS A SOURCE OF LAW Equity itself is derived from a Latin word which means Justice and egalitarianism. It is a system of law which emanated in the English chancery and encompasses a formal body of indispensable and procedural rules and doctrine, override common and statutory law. The law relating to equity is largely based on precedent. Since, it is not viable on the part of the state to contrivance a comprehensive code of law in order to supervise every eventuality. Wherein, Law and Equity goes side by side. Equity is consequential in the legal world because men and laws are fallible. A Court of Equity, Chancery Equity that is legally approved to apply the principle of Equity, as opposed to the law, to cases brought before it. The principles and rules emerging from the exercise of residuary powers, which forms the living source of the law of the state. The system includes some portion of natural justice which is judiciary enforceable. Equity under Indian Legal System As a branc

                                School of jurisprudence. Jurisprudence is the study or philosophy of law. It considers the cause and idea of law. Law has an unpredictable idea. Its comprehension differs from individuals to individuals. Everybody has an alternate perception of the law.         Jurisprudence is the hypothesis and investigation of law. It considers the cause and idea of law. Law has an unpredictable idea. Its comprehension differs from individuals to individuals. Everybody has an alternate perception of the law.  1. Analytical school The major premise of analytical School of jurisprudence is to deal with law as it exists in the present form. Analytical school is known in various names such as: The Austinian school since this methodology is set up by John Austin. The imperative school since it regards law as the direction (command) of the sovereign. The Positivist School because the exponents of this school are concerned neither with the past nor with the future of law but