Federalism is division of power within an institution. It is a form of government, where power is distributed equally among all the other governmental bodies instead of placing power only in the hands of central government. In India, federalism describes the relationship between the States and the Union. In other words, we can say that... Continue Reading →
Application of Kelsen’s Pure Theory of Law in Indian Law
Introduction: Hans Kelsen was an Austrian jurist and philosopher of law and politics, who is known for the most precise development to date in analytical positivism. He was a professor at the Vienna University. In Vienna, Kelsen met Sigmund Freud and wrote on the topic of sociology and social psychology.[1] In the year 1920, he was... Continue Reading →
Eggshell Skull Theory
Introduction Eggshell skull theory is a legal doctrine used in common law. It is also known as thin skull rule or talem qualem rule. This doctrine is used in some tort law systems, it is sometimes also used in criminal law system. The eggshell skull rule gets its name from a common example often used... Continue Reading →
Liability of a Parent Company
Introduction: A company in law is a separate legal entity. Independent corporate existence is a company’s most prominent feature. As soon as a company is incorporated it becomes a separate legal personality which means it is independent from its members which was determined in the case of Salomon vs. Salomon & Co. Ltd.[1] Principle of distinct personality... Continue Reading →
NEED FOR COMPULSORY LICENSING AMIDST GLOBAL PANDEMIC
Introduction In the year 2020, World Health Organization (WHO) declared a global pandemic due to the rise of the viral infection caused by SARS-COVID19 which was first detected in the end of the year 2019. Due to this pandemic pharmaceutical companies began developing new formulas and technologies to create medicines and vaccines for the cure... Continue Reading →
Paternalism in Interpretation of Mathura Rape case
Introduction Strict interpretation of statues has set many wrong precedents, but its not just strict interpretation of statutes, one other major reason is interpretation of statutes with respect to paternalistic values of country. It is not unknown to the world that India is a country with values and traditions, this might be the foundation of... Continue Reading →
Overview of Banking Law In India
The key regulator of banking in India is Reserve Bank of India (RBI) also known as apex bank of India. It was established under RBI Act 1934 an it came into functioning in 1935. RBI started operating as a private shareholder’s bank, soon it replaced the Imperial Bank of India and started issuing currency notes... Continue Reading →
Experts opinion in different phases of trial
Section 45 to Section 51 under Chapter-II of the Indian Evidence Act provides applicability of opinion of third persons, which is commonly called as expert’s opinion. An expert witness is mainly used in common law countries such as United Kingdom, Australia, and United states. One who is specialized in a field that is similar to... Continue Reading →
Overview of Development of Insurance Laws in India
Insurance is a social device to reduce or eliminate risk related to a person and property. One can be insured against fire, peril of sea, death, incident and burglary. It is a contract between two parties, Insurer and Insured. Insurance law is the name given to practices of law surrounding insurance, including insurance policies and... Continue Reading →
Doctrine of Necessity
The minimum requirement of the natural justice is that, the authority giving decision must be composed of impartial persons acting fairly without any kind of bias. When a judge is improperly influenced to reach to the decision, it is when rule against bias strikes. Objective of the rule is to ensure impartial decisions without any... Continue Reading →
Legal Guide On How To Start A Company In India
Starting a business is a challenging task, especially when it comes to a versatile country like India. It is more than just dealing with place, purchase and sale, it involves several legal methods to form an integral foundation of the business for a long run. India might have 63rd rank in ease of doing business ratio... Continue Reading →
Scope of Section 313 of Criminal Procedure Code
Section 313 of CrPC infers duty upon the court to examine the accused person. The basic purpose of this section is to provide accuse a chance to justify his position in the circumstances mentioned in evidence provided by prosecution against him. This section has proven to be of great help in situations where accused is... Continue Reading →
Critical Reflective Essay on ‘Goa’s Civil Code Shows That Uniformity Does Not Always Mean Equality’ by Albertina Almeida
Introduction Albertina Almeida in her article ‘Goa's Civil Code Shows That Uniformity Does Not Always Mean Equality’ on thewire.in,has shed light upon the pros and cons of uniform civil code which was introduced in Goa by Portuguese in the year 1867. In the above-mentioned reading Albertina Almeida explains differences in civil code in Goa and rest of India.... Continue Reading →