Contributory negligence

A Negligent person is liable for the injury. But sometimes plaintiff himself contributes Negligence or when he has by his own Negligence contributed to the damages occasioned by the Negligence of the defendant. In case of Contributory negligence both plaintiff and defendant are Negligent. Butterfield vs. Forester The defendant has put a pale across the... Continue Reading →

Powers of natural and testamentary guardian

The Powers of natural guardian can be kept under two heading: 1. Right regarding the body of minor  2. Right regarding the property of minor Section 8(1) of the act says that the natural guardian can perform all those functions regarding the minor in which are for his benefits such as education, maintenance, custody, marriage,... Continue Reading →

Rules regarding the distribution of the property of a Hindu Female dying intestate

Section 14 of the Hindu Succession Act, 1956 had brought drastic change in concept of property of a female. Now, a female being considered to be complete owner of his property, provided that at the time of implementation of this act. 1. She is Hindu 2. Is living 3. The property is in her possession.... Continue Reading →

Discharge of Tortious liability

Where there is a vested right of action for a tort, it may be discharged by: 1. Death of one of the parties: The common law maxim is action personalize moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the... Continue Reading →

Action personalis moritur cum persona

Death of one of the parties – the common law maxim is action personalis moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the person or property of another, for which damages only could be recovered in satisfaction, the action... Continue Reading →


Defamation is a civil wrong. It is a publication of a false statement without any lawful excuse. It is publication of such statement which tends to injure another person. If a statement tends to expose another person for ridicule or contempt, such statement shall also be defamation in nature. The defamatory statement must expose the... Continue Reading →


The concept of partition is extremely ancient as per the Hindu Dharamshastras. The main reason of the existence of concept of Partition is the following of joint Hindu Family. Meaning of Partition: The general meaning is the division of joint status to give rise to individual families. But there is difference in the meaning of... Continue Reading →

The general defence in an action of Tort

There are fifteen defences which can take in an action for tort. They constitute, what applying is termed as “justifications or grounds of immunity from liability to an action in tort”. They are the classes of wrongs which stand outside the sphere of ‘tort’. These are as it were, “the various conditions which, when present,... Continue Reading →

Role of Public Interest Litigation in Protecting Fundamental Rights

INTRODUCTION: Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have some interest by which their legal rights or liabilities are affected.  Only the aggrieved party has the right to seek redress under... Continue Reading →

Consumer protection councils

The central council was formed by the central government by its notification established from time to time. The central council consists of the following members: •The chairman, who is the minister in charge of consumer affairs in the central government. •Other officials and non- official members who represent the interest and so as may be... Continue Reading →

Trespass to land and Trespass to Goods

Trespass to land: Trespass to land is an unwarrantable entry upon the land of another or any direct and immediate act of interference with the possession of land. To constitute the wr0ong of trespass neither force, nor unlawful detention, nor actual damage, nor the breaking of an enclosure is necessary. Every invasion of private property... Continue Reading →

False imprisonment

Introduction: False Imprisonment is the intentional confinement of the plaintiff by another within fixed boundaries without legal justification. In other words, the tort consists in intentionally putting a total restraint on the liberty of a person, for however shot a time, without lawful justification. To constitute a tort, there reed not be actual imprisonment in... Continue Reading →

Cruelty as ground of divorce

Cruelty has not been universally defined till now. It depends upon the circumstances of the cases and the country and time. It is an important ground for judicial separation and divorce. If any party to marriage behaves with cruelty to the other party, then the other party can present an application for divorce against the... Continue Reading →

Competition Commission of India (CCI)

Introduction: The Central government, by notification in the official gazette, has appointed a Commission for the purpose of this act, which is known as Competition Commission of India. The Competition Commission of India is an organization with the perpetual succession and common seal and shall have the powers which may be specified in the act.... Continue Reading →

Monopolies and Restrictive Trade Practices Act (MRTP) 1969

Introduction: The Monopolies and Restrictive Trade Practices Act (MRTP) 1969 is repealed with the enactment of the competition Act, 2002. On the dissolution of the Monopolies and Restrictive Trade Practices commission, the person appointed as a chairman of MRTP commission and every other member appointed and Direct General of MRTP commission, other employees including Additional,... Continue Reading →

Payment of Bonus Act, 1965 and Payment of Gratuity Act, 1972

The payment of Bonus Act was made applicable from 25th September, 1965. It has 40 sections. It is applicable on every factory and every other establishment that employs 20 or more employees on any day during an accounting year. Some of the important definitions are: Accounting year is the year ending on the days on... Continue Reading →

Sales of Goods Act, 1930

Introduction: A sale is an absolute contract. A sales contract consists of an offer to sell or buy goods for a price and acceptance of that offer. The contract can be either written or oral. Section 4(1) defines a contract of sale as under: A contract of sale of goods is a contract whereby the... Continue Reading →

Prevention of food adulteration act, 1954

Introduction: The salient features of the prevention of Food Adulteration Act includes objectives, definition of food, meaning of adulterate, misbranded items, sale of certain admixtures, relevant committees, analyst, procedure for sampling & analysis, penalties and important miscellaneous provisions. Food is one of the basic necessities for sustenance of life, pure, fresh and healthy diet is... Continue Reading →

Categories of person to whom Hindu law applies

Person to whom Hindu law applies: Such person can be kept in the following categories: (a) Those person who are Hindu, Jain, Buddhist or Sikh by birth. (b) Those persons who are Hindu, Jain, Buddhist or Sikh by religion. (c) Those persons who are not Mussalman, Christian, Parsi or Jew (a) Persons who are Hindu... Continue Reading →

Right to Information

Right to Information act was passed to provide for setting out the practical regime of right to information for citizens. The main aim of the Act is to provide a secure access to information for promoting transparency and accountability. As per the preamble, the RTI Act helps in: •Securing the access to information under the... Continue Reading →

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