Parenting and Law
Kautilya was the confidant of Chandragupta Maurya who was the 1st King of the Maurya Empire. Kautilya has other names of Vishnu Gupta and Chanakya. Kautilya has authored Arthashastra which is a treatise in the Sanskrit language where etymologically it means Science of Polity (Artha-Material Life + Shastra-Science). Saptanga Theory was laid out by Kautilya... Continue Reading →
MEDICAL NEGLIGENCE: Tort is a common law remedy accessible in India for civil wrongs committed by one person against another, although it is not codified. Medical negligence falls under the ambit of "negligence," which includes the same components as negligence. Negligence is defined as “omission to do something which a prudent and reasonable man would... Continue Reading →
Unlawful Activities Prevention Act (UAPA), 1967 is an act enacted by the Parliament with the aim to control the unlawful activities and associations in India so that the integrity and the sovereignty of the nation will be protected and maintained. In the year 2019, the Cabinet at the Centre has amended the UAPA 1967, with... Continue Reading →
"Professional negligence", also known as "medical negligence", is defined as a lack of a reasonable standard of care or knowledge, or deliberate recklessness by a medical practitioner in the treatment of patients with whom a partnership of expert attendant has been established, resulting in significant harm or injury. Consumerism is now well established in medical... Continue Reading →
IMPORTANCE AND JUSTIFICATIONS OF VICARIOUS LIABILITY: Vicarious liability is the liability by which the master is held liable for the wrongs committed by the servant. It is so because the employee is working necessarily for the master’s financial interest. The master is the one who authorises the servant to do certain job and the acts... Continue Reading →
It is difficult to give a universal and uniform definition of jurisprudence. Every jurist has his/her own notion of the subject matter and the proper limits of jurisprudence depend upon his/her ideology and the nature of society. Moreover, the growth and development of law in different countries has been under different social and political conditions... Continue Reading →
Vicarious liability may be defined as the imposition of liability upon one party for the wrongs committed by another party[1]. Vicarious liability is used as a term to impose strict liability on a party who is not primarily liable, that is, not at fault. It literally means that one person is liable for the wrongs... Continue Reading →
Etymologically the word ‘Bailment’ can be derived from the French word ‘Bailler’ meaning ‘to deliver’. Though bailment in its similar form existed in the ancient and early medieval India, the current perceived concept of Bailment was bought to India along with the English Common law and the Statutory Law by the Charters of the East... Continue Reading →
Every person has got a duty to behave in a responsible manner and also perform his work as a prudent person with reasonable care. Medical people are also expected to show the care and skill not as a layman but as a member of his class. Such a person when consulted by a patient owes... Continue Reading →
The word ‘negligence’ has its roots from the Latin word ‘negligentia’ meaning ‘failing to pick up’. So the general meaning of negligence is being reckless and careless while doing something but the legal meaning of Negligence is the conduct of an individual which fails to conform to a required standard of duty of care. In... Continue Reading →
Vicarious Liability deals with situations in which one party is responsible for others' actions. Therefore, both the person at whose behest the act is performed and the person who performs the act are responsible in a case of vicarious liability. Employers are also vicariously responsible for the wrongdoing of their workers committed during the course... Continue Reading →
Hindu law refers to the legal theory, jurisprudence, and philosophical reflections on the nature of law found in Indian texts from the ancient and medieval periods. Similar to the violation of the right to equality and discrimination of women in other aspects, Hindu laws governing marriage did not apply equally to males and females. In... Continue Reading →
Over the past several years the ‘tort of negligence’ has become the most common area of tort law. Negligence is said to have been committed when a person owes a duty of care towards someone and commits a breach of duty by failing to perform it resulting in legal damage caused to the complainant. In... Continue Reading →
A contract of bailment establishes a relationship between two parties when a person entrusts one’s property temporarily to another without intending to give up the ownership over the property. The person who is entrusting one’s property is called the Bailor and another person who is at the receiving end is called the Bailee. Definition of... Continue Reading →
Consideration is quid pro quo, i.e., "something in exchange" and it is a key aspect in determining the parties' real desire to form a legal relationship. A legitimate contract must have consideration as a component. The contract's price is taken into account. Except in limited circumstances, an agreement without consideration is void and consequently not... Continue Reading →
“Hindu Personal Laws” refer to the Hindu laws which are functional throughout India's colonial period, from the ‘Anglo-Hindu Regulation’ to the ‘Post-independence Contemporary Hindu Regulation’. There was no one canon administering law for India's different groups, nor was there a Pope or a Shankaracharya whose Commandments could be applied in the country when the British... Continue Reading →
Hindu law refers to the legal theory, jurisprudence, and philosophical reflections on the nature of law found in Indian texts from the ancient and medieval periods. Prior to codification, there were several kinds of Hindu laws related to property rights. One such law is related to the Joint Hindu Family business. The Joint Hindu Family... Continue Reading →
No consideration is required to construct a contract of agency, according to Section 185 of the Indian Contracts Act 1872. As a result, when a person is appointed as an agent, his appointment agreement becomes binding. The commission is the pay for an agent, but no compensation is required at the time of the employment... Continue Reading →
Islamic laws are derived from the Quran, which is Islam’s holy book, as well as the Sunnah and Hadith which are the deeds and sayings of the Prophet Muhammad. These Islamic laws are called “Sharia”. Sharia acts as the code for living that all Muslims must adhere to. In other words, Sharia is Islam’s legal... Continue Reading →
Uniform Civil Code (UCC) is a set of laws that apply uniformly across the country to all religious communities in personal issues such as marriage, divorce, inheritance, and adoption.[1] Article 44 of the Constitution mentions about the UCC which says that the State should endeavour to secure a uniform civil code for its citizens. The... Continue Reading →
Aishwarya Sandeep 