Doctrine of Promissory Estoppel Contracts in India are governed under Indian Contract Act, 1872 (“the Act”). As per sec. 2(a) of the Act willingness is an important element of a contract to form because when one person signifies his willingness to do an act or abstain from doing an act if the willingness is missing the contract will not form. As per sec. 2(d) of the Act specifies that when an act is to be done or abstained from doing for a consideration is at the desire of the promisor if the desire is not present there would be not a valid contract between the parties. There are many instances…

There are certain common law principles that were adopted by the Indian constitution. One such principle is the Doctrine of pleasure. In England, the doctrine is a special prerogative of The Crown and gives unrestricted power to appoint civil servants and discharge them of their duties at their pleasure. However, the application of the doctrine in the Indian context doesn’t confer absolute power on the President and the State governor.   The constitution refers to three types of offices that are held under the pleasure of the President. The three can be categorized as offices held during the pleasure of the government without restrictions, hold the office at the pleasure…

  The word doctrine is to be understood with legal concept as legal doctrines. Previously it was considered as the opinions of Catholic Church. But today the idea of doctrines have changed, it has evolved with the establishment of legal principles by different constitutions and courts. These are established legal principles by competent authority and are followed for long period for administration of justice.[1] One such doctrine which is adopted in India and is been evolved under English Jurisprudence is Doctrine of Res Judicata. The real legal maxim was ‘res judicata pro veritate accipitur’[2] which over the years converted to the word ‘res judicata’. The literal meaning of Res Judicata…

The Indian structure of governance is Quasi federal with a unitary system of distribution of power. This means that the Center and the States have the power to make legislations exclusively over some subject matters while there are still some area where a unitary form of distributions of power where central is deemed superior under certain circumstances.[1] This federal nature is embodied in Part XI of the India constitution. Chapter 1 of Part XI provides for the distribution of legislative powers between the Parliament and state legislature. Chapter 1 contains Article 245-255, Article 245 confers law making power for the whole or part of the territory of India to the…

The word De Facto literally means, ‘in fact’ but the concept of De Facto and Doctrine of De Facto is different prima facie seems same but are different. If a person is having no authority and no power to make a law, make a decision or pass an order any decision taken, make a law or pass a judgment it will have no bases it will be void ab initio. And on the first impression it would be noted that, ‘a judgment given by a judge having no power is not a judgment’. But what happens to all the judgment passed will they be nullified? Will they be void ab…

The word doctrine is to be understood with legal concept as legal doctrines. Previously it was considered as the opinions of Catholic Church. But today the idea of doctrines have changed, it has evolved with the establishment of legal principles by different constitutions and courts. These are established legal principles by competent authority and are followed for long period for administration of justice.[1]          These doctrines help to interpret the statutes in a better way and provide justice. Doctrine of fairness is one such doctrine that helps in interpretation of statute. It deals with administrative aspect of the law. It would mean that any work done is expected to be…