Case analysis of Indira Sawhney v. UOI

INDIRA SAWHNEY Vs. UNION OF INDIA  DATE OF JUDGMENT: 16 /11/1992 BENCH: M KANIA, M VENKATACHALIAH, S R PANDIAN, A.M. AHMADI, K SINGH, S.B.SAWANT, R SAHAI, B J REDDY, T.K. THOMMEN, CITATION:  AIR 1993 SC 477, 1992 Supp 2 SCR 454 STATUTES REFERRED: Constitution of India Article 15(4): Nothing in this article or in clause (2) of article… Read More »

ARTICLE 19: RIGHT TO FREEDOM

ARTICLE 19: RIGHT TO FREEDOM Clause (a) to (g) of Article 19(1) guarantee to the citizens of India six freedoms, viz., of ‘speech and expression’, ‘peaceable assembly’ ‘association’, ‘free movement’, ‘residence’, and ‘practicing any profession and carrying on any business’. These various freedoms are necessary not only to promote certain basic rights of the citizens but also certain… Read More »

Indian Constitution: Federal or Quasi-Federal

Indian Constitution: Federal or Quasi-Federal The Indian federalism was designed on the basis of the working of the federalism in USA, Canada and Australia. Yet it deviates from those federalism in many respects and establishes its own distinctive features. There is a difference of opinion among scholars about the nature of Indian constitution — whether it is federal… Read More »

Difference between Decree and Order

The essence of the distinction between decree and order lies in the nature of the decision rather than the manner of its expression. I. Decree As per Section 2(2), of the Civil Procedure Code defines the term. A decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights… Read More »

INHERENT POWERS OF THE COURT

Meaning: The word “Inherent” is very wide in itself. It means existing and inseparable from something, a permanent attribute or quality, an essential element, something intrinsic, or essential, vested in or attached to a person or office as a right of privilege.[1] Hence, inherent powers are such powers which are inalienable from courts and may be exercised by a… Read More »

Temporary Injunction

Temporary Injunction refers to restraint. A temporary injunction is an order by which a party to an action is required to do, or refrain from doing, a particular thing until the suit is disposed of or until further orders of the court. A temporary injunction is interim in nature, granted on an interlocutory application of the plaintiff. Injunction… Read More »

Computation of Period of Limitation

Part III Section 12-24 of Limitation Act, 1963 provides for computation of the period of limitation. They either exclude time of reckoning the period of limitation or postpone starting point of limitation. Sections 12-15 of the Limitation Act provide for the exclusion of time in computing the period of limitation prescribed by law. Those provisions, inter alia, exclude… Read More »