Sunday, January 29

Case Brief

No absolute bar in invoking writ jurisdiction against the State or its instrumentalist for enforcement of contractual obligations: An Analysis
Case Brief

No absolute bar in invoking writ jurisdiction against the State or its instrumentalist for enforcement of contractual obligations: An Analysis

  The Authors, Prasad Dhande, Partner and Amit Khairwar, Senior Associate at Link Legal. “The Court of King’s Bench hath not only the authority to correct errors in judicial proceedings, but other errors and misdemeanours […] tending to the breach of peace, or oppression of the subjects, or arising of faction, controversy, debate or any other manner of misgovernment; so that no wrong or injury, public or private, can be done, but that this shall be reformed or punished by due course of law..”  (James Bagg’s case, (1572) 11 Co Rep 93b : 77 ER 1271) The Administrative law in India has been shaped on the lines of English law. The Power to issue writ or any order of direction for “any other purpose” has been held to be included in Article 226 of the Constitution of India. However, th...
Rustom Cavasjee Cooper v. Union of India AIR 1970 SC 564
Case Brief

Rustom Cavasjee Cooper v. Union of India AIR 1970 SC 564

Facts The sole cause of the case was the Government's intervention in private entities and the thought of then Prime Minister Jawaharlal Nehru, who believed in socialism and emphasized that essential industries should be state-owned. For example, the state wholly owned the transport undertakings, insurance sector, and the electricity generation industry. When the same method was tried to apply to the banking sector, problems arose, and it gave birth to this case. This case is also known as the bank nationalization case. Although the then Government debated whether nationalization banks would be the right move, it was eventually given the green light. In 1955, the Imperial Bank of India was nationalized under the State Bank of India Act, and 7 of its subsidiaries too were taken over ...
Balfour VS Balfour
Case Brief

Balfour VS Balfour

CITATION OF THE CASE: 2 KB 571 YEAR: 1919 NAME OF THE COURT: Court of Appeal (Civil Division) NAME OF THE JUDGES: Warrington LJ, Duke LJ, Atkin LJ  FACTS OF BALFOUR V BALFOUR: In Balfour v Balfour, the plaintiff (Mrs. Balfour) and defendant (Mr. Balfour) were a family who lived in Ceylon, where the husband worked for the govt. In 1915 during Mr. Balfour’s work leave, the couple visited England, but in 1916, Mr. Balfour had to revisit Ceylon because of the recommencement of his work. However, Mrs. Balfour (plaintiff) was advised to remain since she was diagnosed with rheumatic arthritis. Before the defendant sailed back to Ceylon the couple engaged in an exceedingly verbal agreement wherein Mr. Balfour claimed that he would pay Mrs. Balfour £30 a month for her maintenance ...
Carlill VS Carbolic Smoke Ball Company
Case Brief

Carlill VS Carbolic Smoke Ball Company

Court: Court of Appeal {Civil Division} Full Case Name: Louisa Carlill v Carbolic Smoke Ball Company Date Decided: 8th of December 1892 Citations: [1892] EWCA Civil 1, [1893] 1 QB 256 Judges: Lindley LJ, Bowen LJ, and AL Smith LJ Prior Actions: Carlill v Carbolic Smoke Ball Co [1892] 2 QB 484 Defendant: Carbolic Smoke Ball Company the Company the corporate made a product called “Smoke Ball”. It claimed to be a cure to influenza and a lot of other diseases, within the context 1889-1890: Flu pandemic which is estimated to have killed 1 million people. The smoke ball was a rubber ball with a tube fixed to its opening. The ball is dull of resolvent {Phenol}. The tube is meant to be inserted into each of your nostrils and therefore the bottom part of the rubber ball is to b...
Harvey VS Facey
Case Brief

Harvey VS Facey

COURT: Judgment of the Lords of the Judicial Committee of the Privy Council on the Appeal of Harvey and another v. Facey and others.  From The Supreme Court of Judicature of Jamaica. CITATION: (1893) AC 552 DELIVERED ON: 29th July 1893 INTRODUCTION: This is an exemplification of where the statement is held that perhaps the value wasn’t a suggestion. Its significance would be that it defines the excellence between the 2. Offer and provider of data. During this case, the Privy Council took the view that this was the smallest amount indication. The suitable price doesn’t really encompass a chance to get it, but can be considered as an invite to sell, to classify, i.e., to access into another negotiation process. FACTS OF THE CASE: During the particular instance, the defen...
Lalman Shukla VS Gauri Dutt
Case Brief

Lalman Shukla VS Gauri Dutt

In the Allahabad High Court  Civil Revision No: 10 of 1913 Citation: (1913) 11 ALJ 489 Appellants: Lalman Shukla Respondents: Gauri Dutt Decided on:  April 17, 1913 th Bench: Justice Banerji.  Introduction: Lalman Shukla vs. Gauri Dutt continues to be one in every of the foremost widely cited cases in contract law of India. It absolutely was one among the earliest cases in India managing with the aspects of the general offer, consent, and acceptance. The Indian Contract Act was legislated within the year 1872, and this case of 1913 remains one in every of the earliest cases during which the provisions of this act were weighed and interpreted. Facts of the case: The defendant was the owner of a firm, and therefore the plaintiff was the ‘munib’ of the firm. In ...
Harris v Nickerson (1872-73)
Case Brief

Harris v Nickerson (1872-73)

Judge- Lord Blackburn, Lord Quain, Lord Archibald Introduction Harris v Nickerson (1873) LR 8 QB 286 is an English law decision involving the offer and acceptance conditions in contract formation. The court decided that an advertisement that items will be auctioned does not constitute an offer to anyone that the goods will be auctioned, and that the advertiser is entitled to withdraw the goods from the auction at any moment before the sale. Facts of the case The defendant was an auctioneer who advertised a catalog of office furniture, brewing apparatus, and other items for sale in London publications. The auction was scheduled to take place in Bury St. Edmunds over three days. The plaintiff, a commission broker in London, went down for the sale since he had a commission to buy ...
The Pharmaceutical Society of Great Britain  v.  Boots Cash Chemists (Southern) Ltd.
Case Brief

The Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd.

Decided On: 05.02.1953 The decision by - Lord Justice Somervell Lord Justice Birkett Lord Justice Romer Facts of the case Boots Cash Chemists proposed a new way for customers to buy pharmaceuticals from their store: the drugs would be on display, and customers would choose them from the shelves and pay for them at the register. The Pharmaceutical Society of Great Britain argued that S.18(1) of the Pharmacy and Poisons Act 1933 required the presence of a pharmacist during the sale of a substance classified on the Act's schedule of poisons. The Society claimed that the presentation of products constituted an offer and that a customer had accepted the offer by selecting a product/drug. According to the Pharmaceutical Society, the Boots Cash Chemists broke the Pharmacy and Poiso...
The Status of Live-in relationships in India
Articles, Case Brief

The Status of Live-in relationships in India

Introduction The two sides of the same coin are law and society. One requires the other, and law cannot afford to remain stagnant in today's world. Since the beginning of time, the law has played an important role in shaping society through its rules and regulations. The history of the evolution of Hindu law demonstrates that the law was never static and has evolved throughout time in response to changing societal patterns. In the last few years, the Indian society has seen a significant shift in its social pattern; in response to the fast-changing globe, Indians are increasingly opening the doors of western culture to the concepts of premarital sex and live-in relationships. There is no formal regulation or set of norms in India that govern the issue of live-in relationships. In differ...
Rahul Sharma vs National Insurance Company Limited
Case Brief

Rahul Sharma vs National Insurance Company Limited

Overview The case challenges the previous judgement passed by the Hon'ble High Court of Delhi The appellant had lost his parents in a car accident and the vehicle they were travelling by was insured by National Insurance Company. (respondent) In the judgement, it was stated that the mother was not eligible for compensation based on future prospectus as she was self-employed, which was challenged in the Supreme court that even though she was self-employed. PROVISIONS Section 249 of Indian Penal Code - this section states that any individual who tries to alter the appearance of any Indian coin by performing any operation on it, to pass that coin as a coin of some other description shall be liable to fine along with imprisonment which can extend up to seven years. Section 30...