Constitutional Law

Courts' Hidden Powers Revealed βš–οΈ


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βš–οΈ The Secret Powers Courts Don't Want You to Know About

🌟 Imagine a court delivers a crucial judgment for justice, but there's no clear way in existing law to actually enforce it. Does the court just give up? Or does it have some hidden, unwritten power to ensure its decisions aren't just spoken but actually implemented?

πŸ’‘ What You'll Discover:

  • πŸ” How courts fill the gaps when laws are silent on crucial procedures
  • βš–οΈ The ancient Latin principle that gives judges their secret weapon
  • 🎯 Why some legal powers exist even when not written in any statute
  • 🌟 How courts prevent injustice when following law strictly would cause harm

πŸš€ Real Cases Discussed:

  • πŸ’Ž Charanjit Kaur vs. Darshan Singh - When maintenance law had no provision for interim relief
  • ⭐ Hindu Adoption and Maintenance Act, 1956 Section 19 - The gap that needed filling

🎨 The Magic Formula:

Learn the powerful Latin maxim "Ubi aliquid constituitur" - where a right is given, everything necessary to exercise that right is also given. It's like getting a car but also automatically getting the keys!

πŸŽ™οΈ This episode reveals how courts keep justice alive by using powers that exist between the lines of written law - essential knowledge for lawyers, clients, and anyone curious about how justice really works!

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Constitutional LawBy Sharad Bansal