DOCTRINE OF PITH AND SUBSTANCE | Evolution: The doctrine of pith and substance was traced back to Canada and introduced in the case Cushing V. Dupuy, 1880. But, in India, the doctrine was resolved in Article 246 and the Seventh Schedule of the Constitution of India for validating the enactments made by the framers and if the same is overlapping in the lists mentioned in the Seventh Schedule.
View DetailsDOCTRINE OF DUE PROCESS OF LAW | Evolution: The doctrine of due process of law is invoked as a common legal system and later becomes the customary practice. Subsequently, the US legal system gives the legal approach for the due process of law in the fifth and fourteenth Amendment of the US Constitution and has applied due process of law. In India, the due process of law was first developed under Article 21 of the Indian Constitution.
View DetailsDOCTRINE OF FIXTURES | Evolution: The doctrine of fixture is evolved to define or view a thing which is chattel once but has later become a part of the land. In India, it is defined as a permanent attachment or fixed real property. This doctrine is invoked to fulfil the legal requirement to deal with the matter relating to determining the chattel and fixture.
View DetailsDOCTRINE OF UNJUST ENRICHMENT | Evolution: The doctrine of unjust enrichment can be traced back to the 18th century. During the medieval period, the jurist and lawyers have no knowledge about this doctrine. It is originally based on the English Law upon the “principle of assumpsit or had and received.” Subsequently, the Court also takes this doctrine into consideration in the breach of the law no one should be allowed to unjustly enrich himself in the expense of another
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