Retrospective Operation is generally not given to such statutes as would lay new duties or attach new disabilities in respect or transactions already past or would interfere with vested rights or in which legality or past transactions would be involved.when a substantive law is changed during the pendency of a case in a court of … More Retrospective operations of statutes
THE DEFENCE COUNSEL The adversary system of criminal trial, which we have adopted, assumes that the State using its investigative resources and employing a competent prosecutor would prosecute the accused, who, in turn, will employ an equally competent defense counsel to challenge the evidence of the prosecution. Therefore, both the Constitution of India and the … More Defense Counsel (An introduction)
A crime is a wrong not only against the individual victim but also against the State. Therefore, the State takes upon itself, at least in case of serious offences, the responsibility of prosecuting the accused person. The Central Government and each State Government have power to appoint prosecutors for conducting prosecutions and other criminal proceedings … More Prosecutor(Introduction)
The doctrine of prospective overruling was first recognised in America in the early 1900s when the legal jurisprudence in the country shifted from the age-old Blackstonian theory. The doctrine slowly developed in America and was soon accepted by English jurists and English Courts. It was recognised and adopted in India for the first time by the … More Doctrine of Prospective Overruling
A consolidating statue is one which collects all statutory provisions relating to a particular topic in one place into one legislative Act with minor amendments and improvements, if necessary. Instances of consolidating statutes are the Arbitration Act, 1940 and the Indian Succession Act, 1925. While interpreting a consolidating Act, a presumption exists the legislature does … More Consolidating Statute
AMENDING STATUTES An amendment is a legislative act designed to change some prior and existing law by adding or taking from it some particular provision; its purpose is to make such a addition to, or change in the original act as in the judgement of the legislature will better carry out the purpose for which … More Amending statutes
This act mainly deals with certain matters relating to the territorial water’s continental shelf, exclusive economic zone and other maritime zones of India. Under this Act, the rights over the land, minerals, and such resources found beneath the ocean, inside the territorial waters, continental shelf, and exclusive economic zones of the nation are vested in … More THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE AND OTHER MARITIME ZONES ACT, 1976 (Analysis)
A maritime lien is a very important aspect of maritime lien. The fundamental difference between a maritime lien and the normally applicable lien is that in the case of the former, the liability of the contract falls on the ship and the other particulars (equipment and parts) of the ship rather than the ship’s owner, … More Maritime Lien
A continental shelf is a term that refers to the ledges that protrude from the continental land mass into the ocean. This is enveloped with a comparatively shallow zone of water (approximately 150-200 meters deep). Shelf seas occupy about 7% of the area of the world’s oceans but their economic importance is significantly greater. (1) A … More Continental Shelf
Section 182 of the Contract Act defines the term “Agent” and “Principal” as “An agent is a person employed to do any act for another or to represent another in dealing with another person. The person for whom such act is done, or who is so represented, is called the “principal”. In an agency one … More Agency
Endorsement is nothing but the process of signing one’s name or affixing an accepted rubber stamp impression on a cheque, for the purpose of transfer. Thus, it is both a contract and a transfer. The delivery of the instrument is necessary to complete its endorsement. The word endorsement can also be spelt as indorsement. It … More Endorsement
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an” exchange”. A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale. The essential … More Exchange
The creation of credit is one of the important functions of commercial banks. In the ordinary course of business, banks accept deposits from the public and lend money to its customers. When a bank advances a loan, it does not pay the amount in cash. But, it opens an account in the name of the … More Credit Creation
Section 17, 18, 19 and 20 of Indian Evidence Act ,1872 taken together defines “admission”. Section 17 lays down those statements, oral or documentary, which suggest any interference to any fact in issue or relevant fact made by admissions. The definition of the term ‘admission’ as used in the Indian Evidence Act will be clear … More Admission
The Hindu Succession Act preserves the dual mode of devolution of property under the Mitakshara school. The Hindu succession Act,1956 bases its rule of succession on the principle of propinquity, i.e., the preference of heirs on the basis of proximity of relationship. A person so long as he is alive, is free to deal with … More Intestate and Testamentary Succession
The burden of proof means the obligation to prove a fact. The strict meaning of the term burden of proof (onus probandi) is this, that if no evidence is given by the party on whom the burden is passed the issue must be found against him. The expression burden of really means two different things. … More Burden of Proof
An exclusive economic zone is basically an area of coastal water and seabed within a certain distance of a country’s coastal line, to which a country claims exclusive rights for fishing, drilling and other economic activities. The concept of exclusive economic is one of the most important pillars of 1982 conventions on the law … More Exclusive Economic Zones
Section 63 of the Indian Evidence Act, 1872 says about secondary evidence. It includes many sections or types they include: Certified copies given under the provisions in the evidence act: Section 76 of the Evidence Act lays down that every public officer having custody of a public document shall give to a person, on … More Secondary Evidence
Interpretation is the primary function of the court. Construction means drawing true conclusions on the basis of the true spirit of the enactment even though the same does not appear if the words used in the enactment are given their natural meaning. When two or more provisions of the same statutes are repugnant, the court … More Harmonious Construction
The first step in the formation of a company is to prepare a document called the memorandum of association. This document contains the constitution of the company. It has to be divided into five clauses. It has to be in any of the forms specified in tables A to E in schedule 1. Name Clause: … More Memorandum of Association
Aishwarya Sandeep 