Legal Angle

Legal Angle - October 2020 - Issue 04

Legal Angle - October 2020 - Issue 04

Doctrine of Frustration. The doctrine of frustration has its origin in Roman Law and is closely connected to English Rule. It is applicable when the parties were discharged because the thing has been destroyed or the purpose cannot be performed. In the English Case of Paradine V. Jane, held that the subsequent happenings of the event should not affect a contract already made. This doctrine is the exception to the English Rule. The doctrine of frustration is evolved when there is no fault on the part of the defendant and when the English Rule becomes unfair and unreasonable, this doctrine was incorporated in the contract law as the remedy.

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Legal Angle - October 2020 - Issue 03

Legal Angle - October 2020 - Issue 03

DOCTRINE OF COLORABLE LEGISLATION EVOLUTION: India, a federal country, had a greater influence on the colonial ruling system during the English rule. It also influenced the Constitution to create three pillars of democracy i.e. executive, legislative and judiciary. In Indian Constitution, the separation of powers prevails which should be balanced and maintained between the different organs of the government where the law-making power vests on the legislature, i.e. one organ should not override or interfere over other organs to avoid inconsistency and have cooperation among the organs. In India, this doctrine is enacted to impose a limitation on the law-making power of the legislation.

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Legal Angle - October 2020 - Issue 02

Legal Angle - October 2020 - Issue 02

EVOLUTION Doctrine of legitimate expectation is evolved as the principle of natural justice. This doctrine is traced back to the English Law which was taken as a ground for judicial review in the administrative law to protect the procedural and substantive interest when a public authority rescinds representation made to a person. In the case of Council of Civil Service Unions and Others V. Ministry for the civil service (1985) AC 375 held that to establish this doctrine the decision by the public authority should alter the persons rights or obligations enforceable by or against him and he is deprived of some benefit or advantages. It is invoked to expand the right of being heard and it aims is to give effect to the hearing or failure to conduct a hearing.

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Legal Angle - October 2020 - Issue 01

Legal Angle - October 2020 - Issue 01

The doctrine of judicial review is traced back to the U.S Constitution in the case Marbury V. Madison, 5 U.S. (Cranch) 137 (1803). It has the origin in the theory of limited government and in the theory of two laws that is, an ordinary law and the constitution and it is the part of the Constitutional system all over the common law. In India, judicial review was exercised by the courts prior to the commencement of the Constitution of India.

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