Legal Angle

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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Legal Angle - September 2020 - Issue 05

Legal Angle - September 2020 - Issue 05

The doctrine of marshalling is the principle of equity. It is a common Law principle and extends to civil law to be applied in secured indebtedness. It is invoked to protect the prior mortgagee and subsequent mortgagee. The interest of all the mortgagees over the properties is satisfied through the doctrine of marshalling and in the way not affecting the interest of the subsequent mortgagee by the prior mortgagee.

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Legal Angle - September 2020 - Issue 04

Legal Angle - September 2020 - Issue 04

EVOLUTION The doctrine of election is universal and has its applicability to Hindus, Muslims as well as Christians. The doctrine can be invoked to deal with a person exercising a choice out of his own free will and the equitable doctrine that he who accepts the transfer or instrument must adopt the whole thing or to renounce everything.

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