Indian Contract Act, 1872 - Discharge of Contract
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Right to Equality - Article 14 of the Constitution of India
Equality clause, embodied in Article 14, does not speak of mere formal equality before the law but embodies the concept of real and substantive equality which strikes at the inequalities arising on account of vast social and economic differentiation and is thus consequently an essential ingredient of social and economic justice. The concept of equality has been held basic to the rule of law and is regarded as the most fundamental postulate of republicanism. In Indra Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 , the majority of the Supreme Court has held that the right to equality conferred in Article 14 if a Basic Structure of the Constitution and an essential feature of democracy or rule of law. Article 14 outlaws discrimination in a general way and guarantees equality before law to all persons. In view of a certain amount of indefiniteness attached to general principle of equality enunciated in Article 14, separate provision to cover specific discriminatory situations have bee...
John Austin's Theory of Law
Austin defined law as a rule of guidance laid down for one intelligent being by another intelligent being who has the power over the former being. Positive law – Aggregate of rules set by man as politically superior to men as politically inferior subjects. Austin distinguished between two kinds of laws: Law Properly so called – A command proceeding from a determinate source having a sanction and an obligation. Law Improperly so called – Set by opinions and sentiments of an indeterminate public, it lacks force or sanction of the State. Law Properly so called fits into Austin’s definition of law and can be further divided into: Laws made by God (Divine Law) – Laws set by God to his human creatures. Laws by Humans – these are laws set by men for men and are further divided into two categories: a. Positive Law – The law set by political superiors as such or by men not acting as politically superior but acting in pursuance of legal rights conferred by the political superiors....