Hidden aspects of Law

      Maneka Gandhi vs Union Of India 1978 AIR 597, 1978 SCR (2) 621 ; There can be no distinction between a quasi-judicial function and an administrative function for the purpose of principles of natural justice. The aim of both administrative inquiry as well as the quasi-judicial inquiry is to arrive at a just decision and if a rule of natural justice is calculated to secure justice or to put it 'negatively, to prevent miscarriage of justice, it is difficult to see why it should be applicable to quasi- judicial inquiry and not to administrative inquiry. It must logically apply to both. It cannot be said that the requirements of fair play in action is any the less in an administrative inquiry than in a quasi-judicial one. Sometimes an unjust decision in an administrative inquiry may have far more serious consequences than a decision in a quasi-judicial inquiry and hence rules of natural justice must apply, equally in an administrative inquiry which entails civil consequences

                     A Legal Maxim is an established principle or proposition. The Latin term, apparently a variant on maxi-ma, is not to be found in Roman law with any meaning exactly analogous to that of a legal maxim in the Medieval or modern sense of the word, but the treatises of many of the Roman jurists on Regular definitions, and Sententiae juris are, in some measure, collections of maxims. Most of the Latin maxims developed in the Medieval era in European countries that used Latin as their language for law and courts. A A mensa et thoro - From bed and board. A vinculo matrimonii - From the bond of matrimony. Ab extra - From outside. Ab initio - From the beginning. Absoluta sententia expositore non indiget - An absolute judgment needs no expositor. Abundans cautela non nocet - Abundant caution does no harm. Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but follows its principal. Accessorius sequitur - One who is an acc

                                  India is considered as a surrogacy capital in the world, due to the low cost in this process when compare to other country. There are more than 3000 surrogacy clinics in India, to serve the people who wish to have a baby through surrogacy.                                              This surrogacy tourism has become more effective after the supreme court of India have legalized the commercial surrogacy in India in baby manji yamada case. But there are no parliamentary laws to regulate the commercial surrogacy in India. However the Indian medical research council have passed the guidelines to regulate commercial surrogacy in India but they are not mandatory.                   Let us analyze the guidelines passed by the Indian medical research council: ·          Surrogacy arrangement will continue to be governed by contract amongst parties, which will contain all the terms requiring consent of surrogate mother to bea