There are situations when an individual could also be responsible for some harm albeit he's not negligent in causing the same, or there is no intention to cause the harm, or sometimes he may even have made some positive efforts to avert the same. In other words, sometimes the law recognizes ‘NO FAULT’ liability. In... Continue Reading →


The Code of Criminal Procedure, 1973 lays down the procedures for filing a complaint to the Magistrate. In a general sense, a complaint means a formal allegation against a party. Chapter XV of this code deals with Complaints to the Magistrates. Under Section 190(1), a Magistrate is empowered to take cognizance of any offence based... Continue Reading →


Defamation is injury to the reputation of an individual. If an individual injures the reputation of another, he does so at his own risk, as within the case of an interference with the property. A man’s reputation is his property, and if possible, more valuable, than other property. Slander is that the publication of a... Continue Reading →


A person in possession of a property is entitled to its undisturbed enjoyment as per law. However, if someone else’s improper use or enjoyment in his property ends up resulting into an unlawful interference with his enjoyment or use of that property or of some of the rights over it, or in connection with it,... Continue Reading →


We are aware that President of India is the Head of Indian Republic. The President of India has been conferred with some extraordinary powers such as to grant pardon. According to the Constitution of India it is not only the President who can exercise this power but the Governors of the respective states are also... Continue Reading →


Irrespective of the three remedies available to parties that is: restitution of legal right, legal separation and divorce, the judiciary in India is demanding irretrievable breakdown of marriage as a special ground for divorce, as sometimes court face some difficulties in granting the decree of divorce thanks to a number of the technical loopholes within... Continue Reading →


The Indian Succession Act 1925 includes characteristics of a legitimate Will, importance of getting a Will and the way Hindu Law governs Testamentary succession. In simple terms, it's defined because the succession of property by a Will or Testament. As per applicable rules of law. As per Hindu Law, any male or female can make... Continue Reading →


The merger control regime in India has completed 10 years of its enforcement. While as compared to the decades of enforcement by Anti-Trust Agencies in other jurisdictions this might appear nascent, for the Competition Commission of India (CCI) and its stakeholders this is a milestone to commemorate in large part thanks to all that has... Continue Reading →


The GST Constitutional (122ndAmendment) Bill’2014 became the GST Constitutional (101st Amendment) Act’2016 when the president assented the provisions of bill on 8th Sept’2016. It was notified in “The Gazette of India”. It contains the provisions which are vital for the implementation of GST regime. The present amendments would include a number of indirect taxes presently... Continue Reading →


Suo Moto is derived from a Latin term which proposes an action taken by an agency, court or other central authority on their own apprehension. In simple terms, it can be termed as taking control over a matter. Suo Moto cognizance is when the courts take a case on their own, in cases of negligence on an area of... Continue Reading →


The concept of absolute liability evolved in India after the case of M.C Mehta vs Union of India famously mentioned as Oleum Gas Leak case. This is one among the historic cases within the Indian Judiciary. The case of M.C Mehta is predicated on the principle of strict liability but with no exception got and therefore the... Continue Reading →


Black law’s dictionary defines emergency “as a failure of the social organization to deliver reasonable conditions of life”. An emergency could even be defined as “circumstances arising suddenly that involves immediate action by the overall public authorities under the powers granted to them.” In India, the emergency provisions are such the constitution enables the federal... Continue Reading →


Arbitration refers to Alternative Dispute Resolution [1](ADR) which is method for resolving disputes outside of the official judicial mechanisms. Arbitration is a procedure which the parties in the agreement can decide the output of the procedure whether the oral arguments are to be heard or oral evidence is to be heard or by documents they... Continue Reading →


RTI (Right to Information) Act, 2005, which was enacted on 15 July 2005 and was enforced and incorporated after 120 days from the date of enactment. Firstly, it recognises that the constitution of India has established a democratic republic and that a democracy requires an informed citizen. Secondly, it holds that to keep the citizen... Continue Reading →


Interpretation is the primary function of a court. Sometimes the words used in a statute are not clear, explicit and unambiguous. The court needs to determine a clear and explicit meaning of the words or phrases used by the legislature. Since, the intent of the legislature is expressed generally in the form of a statute.... Continue Reading →


Marital Rape means a husband having sexual intercourse with his wife without her consent or by forcing and committing assault. There is no proper definition of marital rape in India for women who are 18 years and above since it is legal in India if done with a woman whose age is 18 years and... Continue Reading →


Section 3 of The Indian Evidence Act, 1872 defines evidence. There are various kinds of evidence to deal with and everyone is equally important to be presentable in the court of law. Although, the definition of evidence in this act is not exhaustive in nature. Thus a fact in issue can be proved either by... Continue Reading →


Vicarious Liability means the liability of a person for an act committed by another person and such liability arises due to the nature of the relation between the two. When an agent commits a tort within the course of performance of his duty as an agent, the liability of the principal arises for such a... Continue Reading →


We are aware that the Indian Law of torts is totally based on the English Common Law. Thus, the laws related to negligence modified by the courts of India are based on the principles of justice, equity and good conscience. The term negligence is derived from the Latin word negligentia, which means failing to do... Continue Reading →


It is a settled position that under the Muslim Law, the Husband is bound to maintain his wife. It is the mandatory provision in Quran that a husband is bound to maintain his wife. The Right of maintenance of wife is a preferential, Absolute and independent right. The wife’s right to be maintained to be... Continue Reading →

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