Substantive Due Process

The crucial question ‘can citizens claim an absolute right over their body parts and refuse to give digital samples of their fingerprints and iris for Aadhar enrollment?’ will only be answered when the Unicorn Constitution Bench decides the Aadhar-Privacy issue. The Aadhar-PAN Judgment, Binoy Viswam v. Union of India [Writ Petition (Civil) 247 of 2017], […]

Read more "Substantive Due Process"

Principles of Natural Justice II

“Principles of Natural Justice, it is well settled, are not codified rules of procedure. Courts have repeatedly declined to lay down in a strait jacket, their scope and extent. The extent, the manner and the application of these Principles depends so much on the nature of jurisdiction exercised by the Court or the Tribunal, the […]

Read more "Principles of Natural Justice II"

The Doctrine of Mutuality

My Lord, What is the Doctrine of Mutuality? “The said doctrine… is predicated on the principle enunciated in Styles v. New York Life Insurance Company, (1889) 2 TC 460, 471 (HL) by Lord Watson in the following words: “When a number of individuals agree to contribute funds for a common purpose, such as the payment […]

Read more "The Doctrine of Mutuality"

Promissory Estoppel IV

“The entire basis of this Doctrine of Promissory Estoppel has been well put in a judgment of the Australian High Court reported in The Commonwealth of Australia v. Verwayen, 170 C.L.R. 394, by Deane, J. The statement, based on various earlier English authorities, correctly encapsulates the law of Promissory Estoppel with one difference under our […]

Read more "Promissory Estoppel IV"