Can’t sue lawyers for wrong advice

Merely because an Advocate’s opinion may not be acceptable, he cannot be mulcted (punished) with criminal prosecution, particularly, in the absence of tangible evidence that he associated with other conspirators. At the most, he may be liable for gross negligence or professional misconduct if it is established by acceptable evidence but cannot be charged for the offence under Section 420 (cheating)...

Freedom of Religion

Author : Vipin Upadhyay “All religions, with their Gods, their Demi-Gods, and their Prophets, their Messiahs and their Saints, were created by the prejudiced fancy of men who had not attained the full development and full possession of their faculties.” Generally Speaking, Religion is s system of faith and worship of supernatural force which ordains regulates and controls the destiny of human kinds. There...

Judicial Review Of Administrative Action

Author : Sushant Rochlani “Administrative law and judicial review of administrative action” is a very important subject in modern times. According to Wade, administrative law is the law relating to the control of powers of the executive authorities. To consider why such a law became necessary, we have to consider its historical background. Up to the 19th century the functions of the State...

Supreme Court overrules Bhatia International Case

Bhatia International Case over ruled It was held by the Honourable Supreme Court that Indian courts have no jurisdiction to pass interim orders in foreign arbitration awards between an Indian company and a foreign company under the provisions of the Indian Arbitration and Conciliation Act, 1996. Earlier in the year 2002, while hearing Bhatia International case, Honourable SC held that, Part I of the...

Govt not bound to recognize unaided schools: SC

The Supreme Court has ruled that states were not duty bound to grant recognition to unaided schools, even if it had adequate infrastructure and teaching staff, as indiscriminate recognition to unaided schools was fraught with the danger of favouritism playing a role in it. A bench of Justices K S Radhakrishnan and Dipak Misra overruled a Kerala High Court judgment, which had mandated that a state government...