Separation of Powers Archives

Can Judicial officers take recourse to judicial proceedings for arrears of rent? ; Allahabad High Court answers

Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

Case Briefs Foreign Courts

If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines

Supreme Court of the United States (SCOTUS): In a 6-3 ruling, Court expressed that, Emotional distress damages are not recoverable in a

Case Briefs Supreme Court

Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 encroaches upon the judicial power of the State; held unconstitutional: SC

Supreme Court: The bench of L. Nageswara Rao* and BR Gavai, JJ has held that the Kerala Revocation of Arbitration Clauses and

Op Eds OP. ED.

Criminalisation in Politics and Separation of Powers

by Varad Kilor†

Case Briefs Supreme Court

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Case Briefs Supreme Court

SC invokes independence of judiciary, separation of powers to invalidate amendments in Finance Act, 2017 prescribing 50 yrs minimum age for appointment to Tribunals, allowances payable to members, term of office

Supreme Court: A 3-Judge Bench of the Supreme Court, by a majority of 2:1, has declared that certain portions of Section 184

OP. ED.SCC Journal Section Archives

The Dawn of Human Rights Jurisprudence — A Tribute to the Judicial Statesmanship and Activism of Chief Justice P.N. Bhagwati

by N.R. Madhava Menon

Case Briefs High Courts

Chh HC | Laying of an Ordinance before State Legislature sub-serves the purpose of legislative control over the ordinance-making power

Chhattisgarh High Court: Goutam Bhaduri, J., while dismissing the present petition held that, Legislature has before it a full panoply of legislative powers

Case Briefs Foreign Courts

Malaysia Federal Court | Principle of separation of powers does not apply to invalidate legislative delegation of powers to SAC and the Courts for ascertaining Islamic law

Federal Court of Malaysia: A Full Bench of Richard Malanjum, Ahmad Maarop, Zaharah Ibrahim, David Wong Dak Wah, Ramly Ali, Azahar Mohamed,

Cyril Amarchand Mangaldas Experts Corner

Landmark Decision by Delhi High Court on Constitutional Validity of Certain Provisions of the Competition Act

Bharat Budholia, Partner, Aishwarya Gopalakrishnan, Principal Associate and Dhruv Rajain, Senior Associate, Cyril Amarchand Mangaldas

Cite as: (2019) PL (Comp. L) June 77