Parenting and Law
Section 76- Section 106 General Defences available in Torts Volenti Non fit Injuria (Consent) Plaintiff is the wrong doer Inevitable Accident Vis Major i.e. Act of God Private Defence Mistake Necessity Statutory Authority Volenti non fit injuria 'Volenti non fit injuria' literally translates to "to one who volunteers, no harm is done" which means the... Continue Reading →
A group of congress broke out from the party and formed a revolutionary group. They were great patriots. They adopted harsher and terroristic manner to achieve their goal. They were impatient and great heroes, they presented a supreme picture of sacrifice. They were active when the moderate leaders were arrested and jailed. They proved to... Continue Reading →
There are two types of necessity defences public necessity and private necessity. Necessity as a defence is defined under section 81 in Indian Penal Code as: “An Act likely to cause harm, but done without criminal intent, and to prevent other harm.—Nothing is an offence merely by reason of its being done with the knowledge... Continue Reading →
TRESPASS IN TORTS . Trespass means an unlawful act committed against the property of another person and also against another person also. Trespass can be categorized as: Trespass to Property o Trespass to Land (Immovable property) o Trespass to Movable property Trespass to PersonAssaultBatteryFalse imprisonment BATTERY. The wrong of battery consists in intentional application of... Continue Reading →
When an act is done with bad intention, it is called malice. Malice is usually classified into two divisions, namely, 'malice in fact' and 'malice in law'. In criminal law, it indicates the intention, without justification or excuse, to commit an act that is unlawful type. Express or actual malice, or malice in fact means... Continue Reading →
Meaning of jurisdiction Jurisdiction is defined as the ceiling of judicial authority or stage to which a court of law can exercise its authority over suits, cases, appeals, plaints etc. A 1921 Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram Chandra Barna Sarma sought to explain the meaning of the... Continue Reading →
Professional ethics circumscribes a moral cipher governing the conduct of persons included in the practice of law as well as persons involved in the legal zone. All the people of the legal profession have an important responsibility or obligation towards the court and towards the administration of justice. This duty succeeds over all other duties,... Continue Reading →
Closure Closure means permanent closing down of a place of employment or a part thereof. Here, the employer is constrained to close the establishment permanently. Nonetheless the due process has to be complied with when it comes to rolling out a plan of closure. These procedures nonetheless do not apply to an undertaking setup for... Continue Reading →
INJURIA SINE DAMNO Injuria Sine Damno means causing injury without damage. Here Injury means any tortious Act or breach to the legal private right of a person without causing any damage to that person. Damage can be monetary damage, loss of comfort, service, health etc. Illustration:- A person trespassers mister is land without causing any... Continue Reading →
Fundamental Rights (Articles 12-35) Enshrined in Part-III of Indian Constitution, Fundamental Rights are the basic human rights guaranteed by the Constitution of India. The six fundamental rights involves Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies. At first Right to... Continue Reading →
Democracy, literally, rule by the people. The term democracy is being derived from a Greek word dēmokratia, which was coined from demos (“people”) and kratos (“rule”) in the middle of the 5th century BCE to denote the political systems then existing in some Greek city-states, notably Athens. Democracy in India, as every where else, is not just about periodic elections, nor about voter turnouts, nor about... Continue Reading →
RESPONDENT SUPERIOR The maxim Respondent superior literary means “let the principal be held responsible” This doctrine is based on the concept that the principal will be liable for the actions of his agent. Principal &Agent • Principal is one who employs another to act for him subject to his general control & instruction. • The... Continue Reading →
Specific performance means the execution of a contract as made; the actual performance of a contract by the party bound to fulfil it. Hals bury defines 'Specific performance as " an equitable relief given by the court in case of breach of contract . in the form of Judgement that the defendant has to do."... Continue Reading →
• Actual Performance When a contract has been fulfilled by a promisor in accordance with the terms of the contract, the promise has been actually performed. Actual performance gives a discharge to the contract and the liability of the promisor comes to an end. Example:- There’s a contract between Mr. A and Mr B. Where... Continue Reading →
NEGLIGENCE Negligence is the act or omission done by the offender carelessly due to which the harm is caused to the plaintiff. The harm can be physical harm, mental harm, economically loss, monetary loss, harm to property, harm to reputation etc. The harm caused to the plaintiff due to the negligence of the defendant he... Continue Reading →
Layoff meaning A lay off is a temporary separation of an employee from his employer. Layoff means failure refusal or inability of an employer on account of shortage of coal, power or raw materials aur the accumulation of stocks aur The breakdown of the machinery or for any other reasons to give employment to work... Continue Reading →
Disputes can arise in between employer and employee, employee and employee, employer and employer. What are the reasons for dispute? Major reasons in which disputes can arise are:- • Working Disputes can arise in between employer and employee due to the working hours or compensation. • Wages Disputes can arise due to the amount or... Continue Reading →
The Constitution was made in 1950 for keeping the needs of economic, social and political factors. The 1st Constitutional Amendment Act was passed in 1951 and it inserted Article 31(A), Article 31 (B) and 9th Schedule. Constitution itself states that with changing time whenever there will be a need to add new rights, the constitution... Continue Reading →
Legal maxims are an established principle which is generally in a Latin language. The legal maxims are mostly from the mediaeval era in the European States and Latin language is considered as their legal language. These maxims give a guidance to the court from all over the world in applying the existing laws in a... Continue Reading →
IGNORANTIA FACTI EXCUSAT Ignorantia facti excusat is a Latin maxim which literary means ignorance of a fact or a mistake of a fact is an excuse. This maxim can be applied to civil as well as criminal jurisprudence. According to this maxim, a person will be excluded from civil or criminal liability if he/ she... Continue Reading →
Aishwarya Sandeep 