DR ANUPAM KUMAR MISHRA

  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 stat...

 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 b...

                                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 imper...

                                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 imper...

                                            Patent Act The Patents Act 1970 had a very limited scope of protection wherein the essential elements of invention were new, useful and manner of manufacture. The Act defines 'capable of industrial application' in relation to an invention as capable of being made or used in an industry.            A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. Effects of Patent Amendment Act 2005 1. Due to the new patent regime, increas...

  Lifting the Corporate Veil Meaning and Definition of Corporate Veil A corporate veil is a legal concept that separates the acts done by the companies and organizations from the actions of the shareholders. It protects the shareholders from being liable for the actions done by the company. This is not an absolute right the court depending on the facts of the case can take the decision whether the shareholder is liable or not. According to the Cambridge Dictionary, “shareholders may hide behind the corporate veil, assured that their liability does not extend beyond the value of their shares”  Company: A Separate Legal Entity (Corporate Personality) Corporate personality is the reality expressed by the law that a company is perceived as a legal entity distinct from its members. A company with such recognition and personality will be considered as a separate legal entity having an independent legal existence from the members of the company. A company is known by its own name and...