Devanjali Banerjee

West Bengal National University of Juridical Sciences

Author Archives: Devanjali Banerjee

Case Analysis: Union of India V. Sankalchand Himatlal Sheth (1977)

The present article, “Case Analysis: Union of India v. Sankalchand Himatlal Sheth [(1977) 4 SCC 193]” will discuss the judgment delivered by the Supreme Court in the 1977 case, and analyse the same. The issues of judicial independence and executive control over judicial transfers came up in the decision of Union of India v. Sankalchand Himatlal Sheth [(1977)……...

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Distinction Between Shia and Sunni Law of Divorce

The present article, “Muslim Laws: Distinction Between Shia And Sunni Law Of Divorce” will explore the distinction between Shia and Sunni laws of divorce, referring to personal law or statutes, and relevant case-law where applicable. While Muslim personal law is often thought of as a monolith in terms of the customs, usages and practices related to marriage and……...

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Guardianship in Muslim Laws

The present article, “Guardianship in Muslim Laws” will discuss guardianship under Muslim personal law in India, the different types of guardians, their powers and duties, with reference to statute and case-law, where applicable. Guardianship in Muslim Laws Guardianship of a minor refers to the overall supervision of the minor’s personality. It includes the care and welfare of the child including……...

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Talaq in Muslim Personal Law: Introduction, Modes, Essentials, And Recent Developments

Talaq in Muslim personal law is the most well-known form of dissolution of marriage, but divorce can also be affected through other means, such as Ila and Zihar- which differ from talaq only in form, but not the substance. The present article, “Talaq in Muslim Personal Law: Introduction, Modes Essentials, And Recent Developments,” will discuss the different modes……...

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Appeals Under Civil Law

The present article, ‘Appeals Under Civil Law’, will discuss first appeals; second appeals; appeals from orders; appeals by indigent persons; and appeals to Supreme Court – as mentioned in the aforementioned provisions and orders of the Code. Appeals, while not defined in the Code of Civil Procedure, 1908 (‘the Code’), are essential components of civil law procedures. In……...

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Case Analysis: Lily Thomas v Union Of India (2013)

Lily Thomas v Union of India (2013) was a landmark judgment delivered by the Supreme Court in 2013 relating to disqualification of Members of Parliament and Members of the State Legislature in case of criminal convictions as mentioned in the Representation of the People Act, 1951. The Supreme Court heard two writ petitions together as they related to……...

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Suits By Or Against Minors

The present article, “Suits by or Against Minors and Persons of Unsound Mind: Order 32” will discuss Order 32 and all rules under the same, with reference to relevant case-law. Order 32, Rules 1-16 provide for the appropriate procedures to be followed by minors who intend to institute a suit in civil court, by the use of a……...

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Suit by Indigent Person

The present article, “Suit by Indigent Person: Order 33” will discuss the operative contents of Order 33 and all relevant rules under the same, with reference to case law. The term ‘indigent’ for the purposes of the Code of Civil Procedure, 1908 (‘CPC’; ‘the Code’) refers to one who is unable to discharge the requisite court fee for……...

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