Right of Redemption

Doctrine of redemption is not a new doctrine. Its origin can be traced from Anglo-Saxon and Roman law. The practice of securing land for payment of money in English law dates back to Anglo-Saxon England when interest loans were illegal. Borrower conveyed estate to lender in consideration of a loan and lender reconvened estate to borrower on redemption.… Read More »

SALE OF IMMOVABLE PROPERTY

SALE OF IMMOVABLE PROPERTY Section 54 of the price Transfer of Property Act defines “Sale” as “sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale how made – Such transfer, in case of tangible immovable property of the value of one hundred rupees and upwards or in the… Read More »

FUNDAMENTAL DUTIES

The Chapter of Fundamental duties was inserted in our Constitution by 42nd Amendment of the Constitution in 1976. By 42nd Amendment after Part-IV of Constitution, Part IVA and Article 51-A is inserted in the Constitution which lays down Fundamental Duties of the citizens. Fundamental Duties was added on the recommendation of Swaran Singh Committee. These are non-justifiable i.e their compliance cannot… Read More »

What is State – ARTICLE 12

The constitution of India has defined the word ‘State’ for the purpose of Part –III and Part IV. Part III and Part IV carry a theme of Human Rights, Dignity of Individual and also of the unity and dignity of the nation.  These parts are respectively as negative obligation of the State which does not to interfere with liberty… Read More »

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 »