Aparna Ramamoorthy

Author Archives: Aparna Ramamoorthy

Special Leave Petition – Article 136 | Concept & Explanation

Special Leave Petition – Article 136 | Overview Introduction Importance of Special Leave Petition Examination of the section Exercise of the discretion Difference between Article 136 and Articles 133 & 134 How to file an SLP? Difference between ‘judicial review’ and ‘appellate power’ Analysis of L. Chandra Kumar v. Union of India Law Commission Recommendation This article tries……...

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Impact of Scrapping of Article 370 on the Fundamental Rights of the Citizens of J&K

Impact of Scrapping of Article 370 on the Fundamental Rights of the Citizens of J&K | Overview Introduction Striking a balance between the nation’s safety and individual’s rights Violation of fundamental rights under articles 14, 19 and 21 Impact of restrictions on freedom of expression over the medium of internet Restriction under Section 144 Justifications given by the……...

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Right to Equality: Concept and Explanation | Article 14-18

Right to Equality: Concept and Explanation | Article 14-18 | Overview Introduction Conceptual backdrop Right to Equality Article 14 Article 15 – Social Equality and Equal Access to Public Areas Article 16 – Equality in Matters of Public Employment Article 17 – Abolition of Untouchabilities Article 18 – Abolition of Titles Conclusion This article deals with the content……...

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Pigeon Hole Theory– Salmond’s Theory of Law of Torts

This article titled ‘Pigeon Hole Theory– Salmond’s Theory of Law of Torts’ is written by Aparna Ramamoorthy and discusses Salmond’s theory of law of torts This article titled “Pigeon Hole Theory- Salmond’s Theory of Law of Torts” is an attempt to analyse one of the foundational theories in torts i.e. Pigeon hole theory proposed by Salmond. It further deals……...

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Right to Life & Personal Liberty | Article 21 Explained

This article attempts to examine the standards adopted for protecting the Right to Life and Personal Liberty. It further explains Article 21, which had lain dormant for nearly three decades and was brought to life by the landmark judgement of the Supreme Court’s decision in Maneka Gandhi v. Union of India(1978). It also goes through how Article 21……...

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Right to Freedom: Categories and Dimensions of Article 19

Right to Freedom: Categories and Dimensions of Article 19 | Overview The six categories of freedoms are as follows Nature of Rights guaranteed under Article 19 Restrictions to the rights Constitutional scheme of the rights given under Article 19 Suspension of Article 19 during emergencies Conclusion The Right to Freedom under Article 19 of the Constitution of India……...

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Right To Constitutional Remedies | Explained

Right To Constitutional Remedies | Overview Introduction ARTICLE 32 ARTICLE 226 Essentials for a writ Public Interest Litigation The Right to Constitutional Remedies becomes an indispensable part of our Fundamental Rights as it assures the actual dispensation of justice, on the curtailment of our basic rights. It gives an insight into the five types of writs, which may……...

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Case Analysis: Donoghue v. Stevenson

This article titled ‘Case Analysis: Donoghue v. Stevenson’ is written by Aparna Ramamoorthy and provides an analysis of the aforementioned case law. I. Introduction The case of Donoghue v. Stevenson has a vital role in the determination of when a duty of care exists in negligence. The existence of a duty of care, which is owed to, by the defendant……...

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Malicious Prosecution: Essentials and Defence

Malicious Prosecution: Essentials and Defence | Overview Introduction Background Evolution of malicious prosecution Essentials of malicious prosecution and Indian courts Prosecution Absence of reasonable and probable cause Malice Favourable termination of the prosecution Damage Defences available to malicious prosecution claims Distinction between Malicious Prosecution and False Imprisonment Conclusion This article deals with the various aspects of malicious prosecution….…...

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Concept of Negligence in The Sphere of Civil Law

Concept of Negligence in The Sphere of Civil Law | Overview Evolution of the tort of negligence Meaning Definitions Essentials Proof of negligence Difference between civil negligence and criminal negligence Defenses to an action of negligence in civil law Remedies in actions of negligence in civil law This article deals with the concept of negligence in the sphere……...

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