Month: May 2021

Call for Team Members

  About LicitGist LicitGist is a place where everybody’s academic quest shall end. It is an online platform for law students, researchers, scholars, and enthusiasts seeking to bring together the legal fraternity. Team LicitGist brings to you, endless updates of the legal community, news, knowledge, awareness, opportunities, quizzes, and much more for the legal fraternity. …

Call for Team Members Read More »

Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225]

By Parth Mahajan, B.A. Llb (H) Vivekananda Institute of Professional Studies (VSLLS)     Introduction One of the most notable judgements rendered by the Hon’ble Supreme Court in His Holiness Kesavananda Bharti Sripadagalvaru & Ors. v. State of Kerala and Anr., (1973) 4 SCC 225. It is popularly known as the Fundamental Rights case or …

Kesavananda Bharati v. State of Kerala [(1973) 4 SCC 225] Read More »

India’s Journey From Procedure Established By Law To Due Process Of Law

-By Abhijeet Shekhawat, Bba.Llb(H) Gujarat National Law University   INTRODUCTION Two recent Supreme Court of India decisions[1] clarify, reinforce, and reaffirm the Constitution’s pervasiveness of due process of law. The judgments appear to represent a departure from the previous approach of “minimalism” and point to a paradigm shift in how original constitutional rules are approached[2]. …

India’s Journey From Procedure Established By Law To Due Process Of Law Read More »

Minerva Mill Ltd. And Ors V Union Of India And Ors. (AIR 1980 SC 1789)

-By Abhijeet Shekhawat, Bba.Llb(H) Gujarat National Law University   INTRODUCTION Minerva Mills Ltd. and Ors v Union of India and Ors is considered as one of the most dominant judgments which safeguarded the ‘basic structure’ of the Constitution form being amended by the parliament. The constitutionality of § 4 and 55 of the 42nd Amendment …

Minerva Mill Ltd. And Ors V Union Of India And Ors. (AIR 1980 SC 1789) Read More »

JAY LAXMI SALT WORKS Ltd. vs STATE OF GUJARAT (1994 SCC (4) 1)

By Divay Kakkar, Bba.Llb (H) Vivekananda Institute of Professional Studies (VSLLS)   INTRODUCTION Tort refers to a civil wrong that causes the claimant to suffer loss/harm, that results in legal liability for the person who commits this act towards the one who suffered. Tort Law is majorly concerned with Civil cases. It comes into force …

JAY LAXMI SALT WORKS Ltd. vs STATE OF GUJARAT (1994 SCC (4) 1) Read More »

CRIMINALIZATION OF MARITAL RAPE IN INDIA: NEED OF THE HOUR

By Divay Kakkar, Bba.Llb (H) Vivekananda Institute of Professional Studies (VSLLS)   “Truth: Rape does indeed happen between girlfriend and boyfriend, husband and wife. Men who force their girlfriends or wives into having sex are committing rape, period. The laws are blurry, and in some countries marital rape is legal. But it still is rape.” …

CRIMINALIZATION OF MARITAL RAPE IN INDIA: NEED OF THE HOUR Read More »

German Supreme Court rules Climate Law is partly unconstitutional.

Germany’s Constitutional Court ruled Thursday that the country’s 2019 climate protection law, which sets out emissions cuts over the next decade and beyond, was partly “unconstitutional” because it shifted the climate burden of making painful reductions to future generations. The decision requires the government to further detail emission reduction targets after 2030 by the end …

German Supreme Court rules Climate Law is partly unconstitutional. Read More »