Ownership

Ownership is a fundamental notion in law and has a significant impact on property. Ownership is a person's fundamental entitlement to his or her possessions. It is the total value a person owns in terms of his or her property. The concept of ownership is derived from the concept of possession, which was the sole... Continue Reading →

Actus Reus

A criminal act is referred to as an actus reus in Latin. Every crime must be broken down into two parts: the physical act of the crime (actus reus) and the mental intent to do the crime (intent to commit the crime) (mens rea). To demonstrate actus reus, a lawyer must show that the accused... Continue Reading →

ANALYTICAL SCHOOL OF JURISPRUDENCE

The analytical school is also known as the Austinian school, because it was founded by John Austin. It is also known as an imperative school since it views law as a sovereign command. Dias refers to this approach as "Positivism," because the school's focus is positive law. In the nineteenth century, the analytical school rose... Continue Reading →

BAILMENT

Section 148 of the Indian Contract Act of 1872 defines a bailment as a specific contract. It comes from the French term "bailer," which meaning "to deliver." Bailment's etymological meaning is "handing over" or "changing of possession of property." Bailment refers to the handover of goods from one person to another for a specific purpose... Continue Reading →

THE SCHOOLS OF MUSLIM LAW

There were no schools of Muslim law during the lifetime of Prophet Mohammed, and the principles of Muslim law were uniform at the time. Following the death of the Prophet Mohammed, the issue of prophet succession arose. Among Arabs, there were two opposing viewpoints/opinions. The election method/principle was supported by one side, while the inheritance... Continue Reading →

International Law

International law also recognized with the name of Public international law and law of nations is a system of rules, norms, and standards that are widely accepted as binding among nations. It sets normative norms as well as a shared conceptual framework for governments in a variety of areas, including war, diplomacy, trade, and human... Continue Reading →

WASIYAT

A will, also known as a testament, is a legal declaration of a testator's purpose with respect to his property that he wishes to be followed out after his death, according to section 2(h) of the Indian Succession Act, 1925. A will written by a Muslim is known as a "Wasiyat" in Islamic law. From... Continue Reading →

DAMAGES

The concept of contract damages is as old as contractual ties themselves. Damages have become increasingly important in economic transactions, as well as as punitive measures for violations of the rights of the parties involved. Damages are a type of monetary compensation that an aggrieved party can seek from the defaulting party when there is... Continue Reading →

CONTRACT OF INDEMNITY

A contract of indemnity is a unique type of contract. The phrase "indemnity" signifies "security or protection against loss" or "compensation." “A contract by which one party promises to safeguard the other from loss caused to him by the promisor's behavior, or by the action of any other person, is called a contract of indemnity,”... Continue Reading →

MENS REA

Mens rea is a legal term that refers to a person's mental state at the time of committing a crime in order for it to be considered intentional. It might refer to an overarching desire to break the law or a specific, prepared plot to conduct a specific crime. A criminal prosecutor must prove beyond... Continue Reading →

Asylum

In international law, asylum is defined as a state's protection of a foreign citizen against his home state. The person granted asylum has no legal right to ask for it, and the sheltering state is under no legal obligation to provide it. To be awarded asylum, a person must show that he or she is... Continue Reading →

PLEDGE

A type of bailment is a pledge. Pawn is another name for pledge. Bailment of commodities as a security for the return of a debt or loan advanced, or the execution of an obligation or promise, is referred to as a pledge. Pledger or Pawnor is the person who pledges the commodities as security, while... Continue Reading →

Law as a career in India

Law has traditionally been seen as a noble and honorable profession in India. Our country's roots may be traced back to the labor of outstanding lawyers who not only practiced law but also made significant contributions to the fight for national independence. Lawyers have always been thorough in assisting in the regulation of our country's... Continue Reading →

Overview of law of torts in India

The tort law in India has developed and evolved from the tort law in the United Kingdom. This law, often known as "judge made law," is not based on a statute and is not codified. Regardless, it has been there for a long time, although the number of tort suits has been declining. Tort is... Continue Reading →

NUISANCE AS A TORT

The term nuisance comes from the French word "nuire," which meaning "to injure or irritate." The word nuisance literally means "disturbance," but it can also be defined as "unlawful interference with a person's use or enjoyment of land" in tort law. Nuisance is a result of improper usage or enjoyment of land by an individual... Continue Reading →

DOWRY SYSTEM IN INDIA

Our Indian society is a platform to many evil demons and DOWRY is one of them. It is not just a mere exchange of gifts , goods or property from the bride's family to the groom's but its much more than that. When we look back to the history of dowry , the son had... Continue Reading →

CHILD MARRIAGE IN INDIA

The ritual of child marriages is very common in Indian society , even though a large number of efforts have been made to eradicate or reduce this still somebody or the other is facer of child marriage. Under Indian Law if a woman is below the age of eighteen and the man is below age... Continue Reading →

Writs under Indian Constitution

The Supreme court and the High court of India have the power to issue writs under Article 32 and Article 226 of the Indian Constitution in cases where there is violation of fundamental rights of a citizen. The writs mentioned under Indian Constitution are the are the writs of Habeas Corpus , Mandamus , Certiorari... Continue Reading →

SOCIOLOGICAL SCHOOL OF JURISPRUDENCE

The study of society, human behaviour, and social change is known as sociology. Jurisprudence, on the other hand, is the study of law and the legal aspects of things. The Sociological School of Jurisprudence believes that law and society are inextricably linked. The law, according to this school, is a social phenomenon because it has... Continue Reading →

Sources of Muslim law

Islam is one of the world's oldest and most widely practiced religions. The religion arrived in India with the sultanate of Delhi and remained unaltered. India is now a secular republic, with Muslims accounting for more than 15% of the population, who govern themselves according to their own personal laws. Muslim law has evolved from... Continue Reading →

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