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"
The rule of construction by reference to contemporanea exposition is a well established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it must give way where the language of the statute is plain and unambiguous. This rule has been succinctly expressed in Crawford on Statutory Construction […]Read more "The Doctrine of Contemporanea Exposition"
“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"
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"
“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"
‘Res judicata‘ literally means a ‘thing adjudicated’ or ‘an issue that has been definitively settled by judicial decision’. The principle operates as a bar to try the same issue once over. It aims to prevent multiplicity of proceedings and accords finality to an issue, which directly and substantially had arisen in the former suit between the […]Read more "Res Judicata – Cause of Action – Doctrine of Ouster"
Thank You, Chief. “Halsbury’s Laws of England, Fourth Edition, Volume I(I) 151 explains the meaning of ‘Legitimate Expectation’ in the following words: 81. Legitimate expectations.- A person may have a legitimate expectation of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive […]Read more "The Doctrine of Legitimate Expectation III"