Author: Mukesh Dosad

Introduction The Rule against Perpetuity is enshrined in Section 14 of the Transfer of Property Act, 1882. The word “perpetuity” means indefinite duration. This rule prevents property from being tied up or rendered inalienable for an indefinite period. In simple terms, it restricts any transfer of property that delays ownership or enjoyment beyond a certain limit of time or generations. Concept and Objective The principle aims to ensure the free and active circulation of property. If such a rule did not exist, property could remain stagnant for generations — harming trade, commerce, and overall economic growth. The law ensures that…

Rousseau and Savigny on the Will of the People When we talk about the idea of the will of the people in jurisprudence and political thought, two thinkers often come into play, though from very different schools: Jean-Jacques Rousseau with his concept of the general will and Friedrich Carl von Savigny with his notion of the Volksgeist. Both resonate around the idea of people shaping law, but the similarities are deceptive if not carefully unpacked. Rousseau and the General Will Rousseau’s general will is fundamentally normative. It is not just a collection of individual preferences, nor is it the loudest…

Introduction The Transfer of Property Act, 1882 (TPA) governs the transfer of immovable property in India. Two key provisions—Section 43 (Doctrine of Feeding the Grant by Estoppel) and Section 6(a) (Prohibition on Transfer of Speculative or Non-Existent Interests)—seem to contradict each other. While Section 43 allows a later-acquired right by a transferor to validate an earlier transfer, Section 6(a) declares that transferring a mere chance or expectancy, like that of an heir apparent, is void from the beginning. This article explores the essentials of Section 43, the scope of Section 6(a), and how courts have resolved this apparent conflict. Section…

Rule of Law The idea of the Rule of Law is most famously associated with A. V. Dicey, the English jurist who articulated it in his classic work Introduction to the Study of the Law of the Constitution (1885). Dicey’s conception of the Rule of Law is often summarized in the phrase: “Be you ever so high, the law is above you.” At its core, the doctrine rejects the idea that rulers, kings, or political authorities can place themselves above legal accountability. Dicey broke down the Rule of Law into three key components: Supremacy of Law – No individual, regardless…

Understanding Separation of power and its implication in Indian Legal System with the landmark caselaw of Indra Gandhi V Raj Narain, challenging the election of Gandhi in House of People.

Let’s lay it straight—I’m not pitching this as gospel or some kind of bulletproof theory. This is observation, reasoning, and maybe a touch of personal disillusionment with the answers society gives. It all started for me when I saw a documentary: a woman went inside Tihar jail, looked rapists in the eye, and asked, “Why did you do it?” Most of these men—inmates for rape—didn’t flinch. They said, almost collectively, “We don’t see rape as a crime; the only regret is that nobody would marry the woman anymore.” That’s heavy. And if you put that through any philosophical lens, things…

Doctrine of Basic Feature or Structure Possibility of invoking Spirit of Constitution as Limitation on Legislature Works in two ways: FirstIt has not constituted any limitation at legislature while enacting an ordinary law. Means, while determining validity of an ordinary law, the court can only look into express provisions or necessary implications. SecondIt would only operate as limitation on the constituent body. Means, when looking into validity of constitutional amendment, court may travel behind and beyond express provision to find whether imposed amendments are in tune with such constitutional principles so invoked. Basic Doctrine Constitutes FirstWritten constitution which is needed…

Crime, Criminality, and Society — Indian Law Perspective Introduction The Indian criminal law system has a rich historical background that significantly influences its contemporary structure. Understanding the evolution of this legal framework is crucial for comprehending the complexities of crime, criminality, and societal responses within the Indian context. Historical Development: Indian criminal law traces its roots back to ancient legal systems such as Manusmriti and Arthashastra. The British colonial era further shaped the legal landscape with the introduction of the Indian Penal Code in 1860. Post-independence, significant legal reforms have aimed to align the system with modern principles while retaining…

Introduction The Indian criminal law system has a rich historical background that significantly influences its contemporary structure. Understanding the evolution of this legal framework is crucial for comprehending the complexities of crime, criminality, and societal responses within the Indian context. Historical Development Indian criminal law traces its roots back to ancient legal systems such as Manusmriti and Arthashastra. The British colonial era further shaped the legal landscape with the introduction of the Indian Penal Code in 1860. Post-independence, significant legal reforms have aimed to align the system with modern principles while retaining cultural and historical nuances. Key Legislative Frameworks The…

Legality of Object under the Indian Contract Act, 1872 In India, the Indian Contract Act, of 1872, is a key piece of legislation that regulates contracts and agreements. It provides a framework for individuals and businesses to enter into legally binding agreements with one another and is one of the country’s first laws. This Act’s provisions, which define the standards for contract formation and enforcement, must be understood by anyone who wishes to conduct business in India. The Indian Contract Act of 1872 has been updated in order to remain relevant in modern society. It covers a number of different…