Law and Case Commentaries

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Section 145: Section 145(1) can be invoked on the satisfaction of the Magistrate that ―a dispute likely to cause a breach of the peace exists… ‖ . The provision relates to disputes regarding possession of land or water or its boundaries which may result in breach of the peace. The function of the Magistrate is not to go into questions of title, but to meet the urgency of the situation by maintaining the party in possession. The Magistrate is empowered to call upon the parties to put in written statements in support of their claim to “actual possession”. Such an order is to be served as a summons upon the parties. The Magistrate is to peruse the statements, hear the parties and weigh the evidence, in order to ascertain who was in possession at th...

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Where there exists an express deed of dedication, the legal personality vests in the pious purpose of the founder. The idol is the material embodiment of the pious purpose and is the site of jural relations. There are instances of the submergence or even destruction of the idol inspite of which it has been held that the legal personality continues to subsist. Even if a testator were to make a dedication to a religious purpose but the idol did not exist at the time the dedication was made or the manifestation of the divine was not in the form of the idol, but in the form of some other object of religious significance, the legal personality would continue to vest in the pious purpose of the dedication itself. A Swayambhu deity is a manifestation of God tha...

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Principle as to personality of institutions.- Apart from natural persons and corporations, which are recognised by English law, the position under Hindu law is that if an endowments is made for a religious or charitable institution, without the instrumentality of a trust, and the object of the endowment is one which is recognised as pious, being either religious or charitable under the accepted notions of Hindu law, the institution will be treated as a juristic person capable of holding property. – Justice B K Mukhergea Upon making an endowment, the donor relinquishes all claims to the endowed property. The property now vests in the pious purpose at the heart of the endowment which is recognised as a legal person. The idol forms the material manifestation of th...

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 The Hindu practice of dedicating properties to temples and idols had to be adjudicated upon by courts for the first time in the late nineteenth century. The doctrine that Hindu idols possess a distinct legal personality was adopted by English judges in India faced with the task of applying Hindu law to religious endowments. Property disputes arose and fuelled questions about the ownership of the properties. Two clear interests were recognised as subjects of legal protection. First, there existed the real possibility of maladministration by the shebaits (i.e. managers) where land endowed for a particular pious purpose, ordinarily to the worship of an idol, was poorly administered or even alienated. Second, where the land was dedicated to public worship, there existed the t...

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Part 5 The most widely recognised artificial legal person is the corporation in Company law. The idea of treating a collective of individuals as a single unit for the purposes of identification in law is as old as human civilisation itself. The jurisprudential concept of treating a collective of entrepreneurs as a single unit for the purposes of legal recognition was already well established by the time the first business corporations came into existence and did not warrant examination by the courts. The legal personality of the corporation was originally granted by a positive act of the government. In later years, as incorporation became the preferred method of doing business, corporate personality was conferred by general statutes of incorporation which permitted any person to incorpor...

  =================== Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 Part 4 Legal personality constitutes recognition by the law of an object or corpus as an embodiment of certain rights and duties. Rights and duties which are ordinarily conferred on natural persons are in select situations, conferred on inanimate objects or collectives, leading to the creation of an artificial legal person. An artificial legal person is a legal person to the extent the law recognises the rights and duties ascribed to them, whether by statute or by judicial interpretation. Salmond presciently notes that the rights and duties conferred on artificial legal persons ultimately represent the interests and benefits of natural persons. In fact, it is precisely because of the substantial benefits derived by natural persons from such objects or collectives that legislators and courts are c...

  Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 Part 3 The power of legal systems to recognise and hence also to deny legal personality has been used over history to wreak fundamental breaches of human rights. Legal systems across the world evolved from periods of darkness where legal personality was denied to natural persons to the present day where in constitutional democracies almost all natural persons are also legal persons in the eyes of the law. Legal systems have also extended the concept of legal personality beyond natural persons. This has taken place through the creation of the “artificial legal person” or “juristic person”, where an object or thing which is not a natural person is nonetheless recognised as a legal person in the law. Persons are the substance of which rights and duties are the attributes. It is only in this respect that persons possess juridical ...

Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read more Part 1 Part 2 The Places of Worship Act is intrinsically related to the obligations of a secular state. It reflects the commitment of India to the equality of all religions. Above all, the Places of Worship Act is an affirmation of the solemn duty which was cast upon the State to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. Section 4(1) clearly stipulates that the religious character of a place of worship as it existed on 15 August 1947 shall be maintained as it existed on that day. Section 4(2) specifically contemplates that all suits, appeals and legal proceedings existing on the day of the commencement of the Places of Worship Act, with respect to the conversion of the religious character of a place of worship, existing on 15 August 1947...

Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Read Part 1 The Union Minister of Home Affairs indicated that the law which sought to prohibit the forcible conversion of places of worship was not “to create new disputes and to rake up old controversies which had long been forgotten by the people…but facilitate the object sought to be achieved” The Places of Worship Act which was enacted in 1991 by Parliament protects and secures the fundamental values of the Constitution. The Preamble underlines the need to protect the liberty of thought, expression, belief, faith and worship. It emphasises human dignity and fraternity. Tolerance, respect for and acceptance of the equality of all religious faiths is a fundamental precept of fraternity. This was specifically adverted to by the Union Minister of Home Affairs in the course of his address before the Rajya Sabha on 12 September 1991. In providing a guarantee for...

Jay Shree Ram! These are some notes from Ayodhya Verdict regarding legal interpretations of certain statutory provisions: Cultural assimilation is a significant factor which shapes the manner in which religion is practiced. In the plural diversity of religious beliefs as they are practiced in India, cultural assimilation cannot be construed as a feature destructive of religious doctrine. On the contrary, this process strengthens and reinforces the true character of a country which has been able to preserve its unity by accommodating, tolerating and respecting a diversity of religious faiths and ideas. Places of Worship (Special Provisions) Act 1991 The law has been enacted to fulfil two purposes. First, it prohibits the conversion of any place of worship. In doing so, it speaks to the future by mandating that the character of a place of public worship shall not be altered. Second, the law seeks to impose a positive obligation to maintain the religious character of every place of wo...

  Lok Prahari vs Election Commission Of India Disqualification of MPs and MLAs: The seat held by a Member of Parliament or of the State legislature becomes vacant upon a disqualification being incurred under Article 102 or Article 191, respectively... once the disqualification is incurred under Section 8 of the Representation of the People Act 1951 read with Article 102(1)(e) or Article 191(1)(e), the seat becomes vacant effective from the date of conviction. .... Article 102 of the Constitution provides thus: “102. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament— (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily...