This article explores the major doctrines shaping administrative authority, drawing from landmark Supreme Court judgments, in a way that highlights their practical implications and historical development.
AMASRA: 2.16 Section 13. Acquisition of protected monuments.
2.16 Acquisition of protected monuments: 2.16.1 Bare Act Provision: 13. Acquisition of protected monuments.―If the Central Government apprehends that a protected monument is in danger of being destroyed, injured, misused, or allowed to fall into decay, it may acquire the protected monument under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as […]
Administrative Accountability in India: Mechanisms, Laws, and Challenges
Introduction Administrative accountability forms the cornerstone of effective governance in any democratic nation, ensuring that public officials remain answerable for their actions and decisions. In Bharat, a country with a vast bureaucratic apparatus, this concept is vital to prevent abuse of power, foster transparency, and build public trust. It involves mechanisms that hold administrators responsible […]
Actor incumbit onus probandi:
Concept Actori incumbit onus probandi is a Latin legal maxim that translates to “the burden of proof lies upon the plaintiff.”[1] This principle is foundational in legal systems worldwide. It establishes that the party initiating a legal claim, typically the plaintiff, is responsible for proving the facts of their case. This concept ensures fairness in […]
AMASRA: 2.14 Section 11. Enforcement of agreements.
2.14 Enforcement of Agreements: 2.14.1 Bare Act Provision: 11. Enforcement of agreements.―(1) If an owner or other person who is bound by an agreement for the maintenance of a monument under section 6 refuses or fails within such reasonable time as the Director-General may fix, to do any act which in the opinion of the […]
Accidental Omission in Civil Procedural Law:
The primary legislation guiding civil procedures in Bharat is the Code of Civil Procedure, 1908, (“CPC” for brevity).
AMASRA: 2.13 Section 10. Power to make order prohibiting contravention of agreement under section 6.
2.13 Power to make order prohibiting contravention of agreement under section 6 2.13.1 Bare Act Provision: 10. Power to make order prohibiting contravention of agreement under section 6.―(1) If the Director-General apprehends that the owner or occupier of a protected monument intends to destroy, remove, alter, deface, imperil or misuse the monument or to build […]
AMASRA: 2.12 Section 9. Failure or refusal to enter into an agreement.
2.12 Failure or refusal to enter into an agreement: 2.12.1 Bare Act Provision: 9. Failure or refusal to enter into an agreement.―(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, the Central […]
AMASRA: 2.11 Section 8. Application of endowment to repair a protected monument.
2.11 Application of endowment to repair a protected monument: 2.11.1 Bare Act Provision: 8. Application of endowment to repair a protected monument.―(1) If any owner or other person competent to enter into an agreement under section 6 for the maintenance of a protected monument refuses or fails to enter into such an agreement, and if […]
AMASRA: 2.10 Section 7. Owners under disability or not in possession.
2.10 Owners under disability or not in possession 2.10.1 Bare Act Provision: 7. Owners under disability or not in possession.―(1) If the owner of a protected monument is unable, by reason of infancy or other disability, to act for himself, the son legally competent to act on his behalf may exercise the powers conferred upon […]