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Articles by Hemang

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Power coupled with duty

  Hemang   02 August 2013 at 14:25

Administrative Law and the Judicial Review of Administrative actions 5.4 Power and duties: [Power coupled with duty] Every public servant is a trustee of the society and in all facets of public administration; every public servant has to exhibi ..


Posted in Others |   3862 Views


Power of Review

  Hemang   26 July 2013 at 12:14

UNDER CRIMINAL PROCEDURE CODE: (Section 362) Preamble:The draftsman take care, while drafting any legislations, or the Rule making authorities always consider as to whether the authority should be clothed with the power to review its own decisi ..


Posted in Others  10 comments |   3009 Views


Administrative instructions and their enforceability

  Hemang   23 July 2013 at 11:25

Over fifty years back Holmes J in Bain Peanut Company of Texas V Dave Pinson (1930) 75 Law Ed.482 at page 491 said that we must remember that the machinery of the Government would not work, if it were not allowed a little play in its joints. ..


Posted in Others  2 comments |   7174 Views


Departmental inquiry in accordance with principles of natural justice on an allegation that the Plaintiff produced a false Caste certificate

  Hemang   01 June 2013 at 12:52

False caste certificate: A candidate, who has obtained a false and frivolous caste certificate, is bound to face the inquiry. The State Government, based on the guidelines given in case of Madhuri Patil has authority to initiate a "verificati ..


Posted in Constitutional Law  4 comments |   4969 Views


Section 213 of the Indian Succession Act

  Hemang   24 May 2013 at 11:38

Will is not required to be probated in case of certain communities 213. Right as executor or legatee when established: (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in [I ..


Posted in Others  14 comments |   11985 Views


Encroachment of power by Supreme Court

  Hemang   11 July 2012 at 13:17

Judicial legislation Transgression of judicial powers by Supreme Court! In public interest litigation1 before the Honourable the Supreme Court of India, the petitioner referred to the rising number of road accidents in the country, which are takin ..


Posted in Others  2 comments |   3286 Views


Rule of Law

  Hemang   10 July 2012 at 12:19

Rule of law (la principle de legalite) Dicey's formulation: Formulation of the concept of rule of law covers up three main principles that are considered classic expositions and there is nothing out dated as misunderstood about ..


Posted in Others |   1454 Views


Bias and malafide

  Hemang   09 July 2012 at 11:55

This is first principle of Rules of natural justice. This principle conveys that no one shall be a judge in his own cause and that justice must appear to have been done. Impartiality in any decision is the basic concept of justice and ..


Posted in Others |   5710 Views


Licensing justice

  Hemang   06 July 2012 at 12:54

Licensing justice: Observance of principle of natural justice: Procedural reasonableness Let us survey as to whether rule of natural justice should be observed in the matter of licensing justice by the statutory authorities. There, an unbroken l ..


Posted in Others |   1169 Views


Administrative instructions

  Hemang   05 July 2012 at 13:06

Administrative instructions: Over fifty years back Holmes J in Bain Peanut Company of Texas V Dave Pinson (1930) 75 Law Ed.482 at page 491 said that we must remember that the machinery of the Government would not work, if it were not allowe ..


Posted in Others  1 comments |   3223 Views