Indian Journal for Research in Law and Management
Advancing Law and Management
ISSN No. : 2583-9896
ISSN No. : 2583-9896
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Statutory interpretation often involves the reconciliation of seemingly conflicting principles to uphold legislative intent. Two key maxims—Ut Res Magis Valeat Quam Pereat (a statute should be interpreted to give effect rather than render it void) and Expressio Unius Est Exclusio Alterius (the expression of one thing implies the exclusion of another)—frequently intersect in judicial reasoning. […]
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The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to promote transparency, accountability, and consumer protection in India’s real estate sector. This paper critically examines Karnataka’s implementation of RERA, focusing on the dispute resolution framework established through the Karnataka Real Estate Regulatory Authority (K-RERA). It analyses the role of the Regulatory Authority, the […]
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The evolution of India’s jurisprudence following the emergency is best epitomized by Public Interest Litigation. Though the emergency destroyed the constitutional order and led to the aggressive consolidation of the executive and passive withdrawal of the judiciary, it also resulted in innovation of Public Interest Litigations. PILs transformed the doctrine of locus standi from a […]
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The article analyses the Constitution of India as a philosophical framework for self-governance in a democratic system within an exponentially and increasingly diverse society, rather than merely a legal document. Beginning with the debates within the Constituent Assembly and following Ambedkar’s idea of linking political and social democracy, it examines how certain structural decisions reflected […]
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The landmark judgment of the Hon’ble Supreme Court of India in the case of Joseph Shine v. Union of India (2018) led to the conclusive burial of Section 497 of the Indian Penal Code 1860 . The provision pertained to extramarital intercourse but was limited to only those instances whereby a man had intercourse with […]
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Most people assume that a trial is a search for the truth: feed in the facts, apply the law, and get justice. What they do not realise is that, before any of that happens, an entire body of law has already determined which facts the court is even permitted to consider. That body of law […]
Abstract
The article analyses the Constitution of India as a philosophical framework for self-governance in a democratic system within an exponentially and increasingly diverse society, rather than merely a legal document. Beginning with the debates within the Constituent Assembly and following Ambedkar’s idea of linking political and social democracy, it examines how certain structural decisions reflected […]
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This case comment analyses Carlill v. Carbolic Smoke Ball Co. (1893), a landmark decision on unilateral contracts. It examines the issues of offer, acceptance, consideration, and contractual intention arising from advertisements, highlighting how performance constitutes acceptance and how inconvenience or commercial benefit may amount to valid consideration in contract law.