Ex parte hails from Latin language which means ‘by or for one party’ or ‘by one side’. An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit... Continue Reading →
Registration of Marriage under Hindu Marriage Act
Hindu marriage is a union of individuals as spouses and is identified through habitable continuity. Marriage is considered as a sacred institution in the Indian culture. After the marriage is solemnized among the bride and the groom, certain necessities should be fulfilled to offer it a legal standing, i.e., to make it legitimate under the legal guidelines... Continue Reading →
Medical Negligence – Meaning and Remedies
Meaning: The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates... Continue Reading →
Theories of International Law
According to J.G. Starke, International law maybe defined as “that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also: The rules of law relating to... Continue Reading →
Punishment for Cheque bouncing cases
Dishonoured/ bounced cheque is cheque that the bank on which is drawn declines to pay (“honour”). There are a number of reasons why a bank would refuse to honour a cheque, with insufficient funds being the most common cause. The holder of the cheque can file a complaint under Section 138 of Negotiable Instrument Act,... Continue Reading →
Reformative Theory of Punishment
“Punishment the aim of which is to alter the character of the wrongdoer.” (Bryan) The penalisation system is an integral part of criminal justice and for maintaining Social Security. The progress of civilization has resulted within the change within the theory, technique and motive of penalisation. The practice of penalisation is important for the maintenance... Continue Reading →
Admiralty Law in India
Black's Law dictionary defines maritime Law as- "the body of law governing marine commerce and navigation, the carriage at of persons and property, and marine affairs in general; the rules governing contract, tort and workers' compensation claims or relating to commerce on or over water." In simple words, Maritime Law is a set of rules... Continue Reading →
ARREST UNDER Code of Criminal Procedure
Chapter V of Code of Criminal Procedure, 1973 deals with the arrest of persons under (Sections 41 to Section 60). The Criminal Procedure Code of 1973, however, has not defined the ‘Arrest’. When a person is arrested, then the arrested person is taken into custody of an authority empowered by the law for detaining the person. ... Continue Reading →
Introverts and Remote Work
Introvert: a person whose personality is characterized by introversion; a typically reserved or quiet person who tends to be introspective and enjoys spending time alone I am an Introvert and proud to be one. As an introvert working in organizations which require you to speak your mind, engage with your colleagues, attend meetings and further... Continue Reading →
Copyright
Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine-readable medium), dramatic, musical and artistic works,... Continue Reading →
State and Its Recognition
The term “Recognition” means ratification, confirmation, acknowledgment that something done by any other person in one name had one’s authority. Recognition involves consequences both on the international plane and within municipal law. State is the main subject of international law. According to Salmond, "State is a community of people which has been established for some... Continue Reading →
Doctrine of Legitimate Expectation
Legitimate Expectation means that a person may have a reasonable expectation of being treated in a certain way by administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority. According to this doctrine, a public authority can be made accountable in lieu of a legitimate expectation.... Continue Reading →
Rights of Prisoners
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. - Article 5 of the Universal Declaration of Human Rights Traditionally, prison means a place in which persons are kept in custody when trail is pending or in which they are confined as punishment after conviction. Prisoners are deprived... Continue Reading →
Sale of Immovable Property
Property can be transferred through different modes, that is through sale, mortgage, lease, gift, exchange etc. Under the Transfer of Property Act 1882, Section 54 states that sale is defined as the transfer of ownership of a property in exchange for a price paid or promised or partly paid or part promised. Generally speaking, in a sale of... Continue Reading →
Partition Under Hindu Law
Partition is the division of joint family property i.e., coparceners’ property into two or more parts, the individual property is not subject to the partition. It is a process by which joint family ceases to be joint family, and nuclear family come into existence. And automatically by law the joint status of the family come... Continue Reading →
Types of Wills
As per Section 2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. Will has been defined in Corpus Juris Secundum as A ‘Will’ is the legal declaration of a man’s intention, which... Continue Reading →
Misstatement In A Prospectus
According to Section 2(70) of the Companies Act, 2013 a prospectus is any law-related document outlining the financial securities for the sale to the investors of the corporate which also includes any circular, notice, ads or document which acts as an invite to offers from the general public. The prospectus is trusted by the members... Continue Reading →
ONLINE LEARNING – A DOUBLE EDGED SWORD
Introduction: The Covid-19 era has impacted everyone, whether directly or indirectly. As they say change is the only constant, us humans have adapted with the pandemic just like every other change. Online learning has been established as the new normal, learning has been made accessible with just a few clicks. But the question here is... Continue Reading →
Social Media Trial Gone Wrong
The last decade has seen an immense growth in the number of social media sites and applications. Facebook which was initially used to “connect” with friends and family has not only become a strong medium for influencers to grow but also has become a source for keeping yourself updated with news. Twitter is like everyone’s... Continue Reading →
an overview of Centre-State Relations
The Constitution of India provides a dual polity with a clear division of powers between the Union and the States. The Constitution provides a federal system of government in the country even though it describes India as ‘a Union of States’. The Constitution provides for the various dimensions under which these powers are bifurcated. The... Continue Reading →