JUS SCRIPTUM’s Post

In a significant decision, the Supreme Court of India clarified the doctrine of legitimate expectation, emphasizing that it cannot be extended to private contractual disputes. The Court highlighted that legitimate expectation must be based on a legal right or consistent practice by a public authority, not mere hope or anticipation. This ruling affirms that private entities are not bound by the same public law doctrines as governmental bodies, and disputes must be resolved based on the established legal framework. #supremecourt #legitimateexpectation #publiclaw #contractlaw #employmentlaw #legaldoctrine #legalprinciples #judgment #lawupdates #legalnews #indiancourts #privatevspublic #lawandjustice ⚖️📜

Exploring the intricate web of laws in India showcases the diverse legal landscape of the country. From civil to criminal laws, each aspect plays a vital role in shaping our society. Let us appreciate the complexities and importance of the legal framework in India. #LegalLandscape #IndianLegalSystem #RuleofLaw

In a critical judgment, the Supreme Court of India in Vijay Laxman Bhawe vs. P & S Nirman Pvt. Ltd. reinforced that "entertaining an application filed by a stranger is totally unsustainable in law." This decision, delivered by Honorable Justice B.R. Gavai, underscores the importance of procedural integrity. This ruling sets a crucial precedent for ensuring that only directly involved parties can influence legal proceedings, thereby maintaining the sanctity of the judicial process. Dive into our detailed analysis to understand the profound impact of this judgment on future litigation in India. https://lnkd.in/gUkCkUMT

Delving into the intricacies of judicial review and non obstante clauses in the context of India's constitutional framework has been illuminating. Judicial review acts as a safeguard for constitutional principles and fundamental rights, ensuring that any legislative action is examined for its conformity to the Constitution. On the other hand, non obstante clauses signify legislative intent and empower the legislature to enact laws that might contravene general norms set forth by other legislation, albeit without escaping judicial scrutiny.This balance between legislative intent and judicial oversight is fascinating as it underscores the supremacy of the Constitution and the ongoing protection of individual liberties. I am eager to hear thoughts or additional insights on this topic from my network. If you find these insights informative, feel free to share your perspectives or resources related to this area. #Indianconstitution #MPJAINBOOK #INDIANCONSTITUTIONLAW #law

Honourable Supreme Court of India has held that while interpreting a provision the court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. The legislative Casus Omissus cannot be supplied by judicial interpretative process unless Statute vires is subject to challenge via Writ of Certiorari. Abhijit Mishra #supremecourt #highcourt #law #legal #lawyer #legislature #legislative #judicial #justice #constitution #India

"Standing before the symbol of justice and democracy. As a law student, this majestic view of the Supreme Court of India inspires a deep sense of purpose and commitment to uphold the rule of law. #LawStudent #SupremeCourtOfIndia #Justice #Inspiration"

On September 2, the government established 23rd Law Commission of India for a three-year term. The Commission works on projects based on the references received from the Central Government and/or from the Supreme Court and High Courts. Our Partner (Head - Disputes) Indranil Deshmukh in an article published in the The Economic Times shares his views on Inclusion of measures to improve Judicial Administration within the scope of reference of the 23rd Law Commission. Read it at: https://lnkd.in/g22BwdUF #DisputeResolution #LawCommission #JudicialAdministration

⏭️ Coming up next! ⏭️ Article 3 - The Law of Adverse Possession This A-3 is all about exploring Supreme Court of India's recent stance on on the Doctrine of Adverse Possession—balancing property rights and legal claims. Stay Tuned! 27th November 2024 at 12.30 p.m. #LegalInsights #AdversePossession #SupremeCourtofIndia

The Right to a Speedy Trial in India Did you know that the right to a speedy trial is an essential part of the fundamental right to life and liberty guaranteed by Article 21 of the Indian Constitution? Why this is important ? →Anyone accused of a crime shouldn't wait forever for their trial. →This helps them clear their name or face punishment quicker. →It applies at all stages of the criminal justice process, including investigation, trial, appeal, and retrial. How does the court decide if your right is violated ? →The Supreme Court has laid down a balancing test to determine if the right has been violated. →This test considers factors like the length of the delay, the reasons for the delay, and any prejudice caused to the accused. →While there is no set time limit for a speedy trial, unreasonable delays can lead to the quashing of charges or dismissal of the case. Benefits of such laws- →Protects individuals from the anxiety and stress of prolonged legal proceedings. →Promotes public confidence in the justice system. →It safeguards the accused's ability to defend themselves effectively. Knowing such laws will help you to increase awareness and guide you in any such situations! #law #awareness #tips #IndianLaw #IndianConstitution #rights

🔍⚖️ “Upholding justice in our criminal jurisprudence is paramount, ensuring no innocent is wrongfully condemned”The recent #supremecourtofindia judgment reinforces key principles guiding appeals from acquittal 🏛️🇮🇳: 👉🏽Comprehensive appreciation of evidence is vital in criminal trials, encompassing all forms of evidence. 👉🏽Selective interpretation of evidence risks miscarriages of justice and is challengeable. 👉🏽 Favoring interpretations in the accused's favor when two views are possible is a foundational principle. 👉🏽 Mere possibility of a different view doesn't warrant overturning an acquittal if the trial court's view is legally plausible. 👉🏽 Appellate courts must thoroughly address all reasons for acquittal and cover all facts in considering reversal. 👉🏽 Reversing acquittal requires demonstrating legal errors or factual inaccuracies in the trial court's decision. #SupremeCourt #LegalPrinciples #criminaljustice #india