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It was in this case that the then Chief Justice Koka Subba Rao had first invoked the doctrine of prospective overruling. He had taken import from American law where jurists like George F. Canfield, Robert Hill Freeman, John Henry Wigmore and Benjamin N. Cardozo had considered this doctrine to be an effective judicial tool. In the words of ...
Maneka Gandhi v. Union of India [22] 1978 A 'procedure' under Article 21 of the Constitution cannot be arbitrary, unfair, oppressive, or unreasonable. A law depriving a person of 'personal liberty' must not violate any of the Articles 14, 19, and 21 of the Constitution. This judgement thus overruled A. K. Gopalan v.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. Elk v. Wilkins, 112 U.S. 94 (1884) An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government. United States v.
A law to amend the constitution is a law for the purposes of Article 13. Article 13 prevents the passing of laws which "take away or abridge" the Fundamental Rights provisions. Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of Parliament.
United States political question doctrine case law (17 P) Pages in category "Legal doctrines and principles" The following 200 pages are in this category, out of approximately 315 total.
Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of ...
Because court decisions in civil law traditions are historically brief [4] and not formally amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France.