This category focuses on administrative decision-making and the legal limits on public power, including principles of fairness, reasonableness, and accountability in State action.
Articles in this section draw from my experience in legal practice and research. I cover judicial review, natural justice, delegated legislation, administrative discretion, remedies against arbitrariness, and practical issues arising before tribunals, authorities, and constitutional courts.
INTRODUCTION The Delhi Municipal Corporation Act 1957 (hereinafter DMC Act) grants power to Commissioner to issue an order of demolition of structures or buildings in Delhi under Chapter XVI of the DMC Act. The commissioner is appointed as per Section 54 and empowered under Section 330A of the DMC Act. Chapter XVI states confer a … Read more
It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Privy Council in the Nazir Ahmad v. King Emperor [1936 SCC OnLine PC 41] , wherein it was held that: “that where a … Read more
CASE NO. & TITLE CIVIL APPEAL NO. 6292 OF 2021 (Arising out of SLP(C) No. 29856/2019): Valsan P. .…Appellant(s) Versus The State of Kerala and Ors. …. Respondent(s) The petitioner worked in the telecom department of the central government (CG) for 10 years (1974-84) but later joined 1st state government service for three years (1984-87) … Read more
SALIENT FEATURES OF CONSUMER PROTECTION ACT, 2019 The Consumer Protection Act, 2019 received the accent of the President on 9th August, 2019, and subsequently got notified on 20.07.2020. The old Act namely Consumer Protection Act, 1986 will be replaced by new Act namely Consumer Protection Act,2019. The main features of The Consumer Protection Act, … Read more
The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.
restitutio in integrum. The said principle of granting compensation. The Hon’ble Supreme while holding the surgeon negligent of operating a 15-year-old boy with only 35000 platelets fixed the vicarious liability upon the concerned hospital and awarded compensation to the family by relying upon precedents of the Hon’ble court pertaining to the calculation of compensation. The … Read more
Insurance Company has an inherent right to appoint Surveyor to assess insurance claims but such right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor.
India being a democracy, witnesses elections at almost all level, place and time. Election is part of life for us. We have democratic bodies right from village / society level to apex level at the central. As the biggest festival is here i explore about law behind it in brief.