DR ANUPAM KUMAR MISHRA

  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

                                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

                                            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, increased prices of products was considered to be a major hindrance during the time. However, the government has taken proactive measures to ensure low prices for essential drugs, and has used compulsory licensing as a tool to keep exorbitant prices under check. 2. Th