Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. In India, under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal... Continue Reading →
vicarious liability of the state
Vicarious Liability of the State The Government may be held liable for the acts committed by the people working under the Government and this liability of the government arises by the principle of Vicarious liability. The purpose and need of this liability is same as that of Vicarious liability added to that of the concept... Continue Reading →
More about torts
Historically, the development of some laws, legal concepts or legal rules were not from acts of parliament or statutes but from various judgments of English courts as well as courts of various common law countries. Tort law is not a result of any act or statutes but it has evolved from various landmark cases of... Continue Reading →
Tort of Trespass
Tort signifies conduct which is crooked or twisted. This branch of law has received different definitions by different writers though the basis of the definition lays emphasis on the same features which are a) Act or omission in violation of law b) Legal Injury or legal damage and c) legal remedy by way of unliquidated... Continue Reading →
Criminal liability of a company
A company has none of features that characterize a living person, a mind that can have knowledge or intention or be negligent. But company, being a body corporate can sue and be sued in its own name. In the statutes defining crimes, the prohibition is frequently directed against any person who commits the prohibited act,... Continue Reading →
Contempt of Court
Anything that curtails or impairs the freedom of limits of the judicial proceedings must of necessity result in hampering of the administration of Law and in interfering with the due course of justice. In India, under Section 2(a) of the Contempt of Courts Act of 1971 defines contempt of court as civil contempt or criminal... Continue Reading →
vicarious liability
As a general rule, if a person commits a wrong, he is liable for it himself. However, there lie exceptions to this rule and one may be held liable for torts committed by others. One may be held liable for the acts of others even though he may be free from personal blame of faults,... Continue Reading →
human rights courts in india
Human Rights Courts in India One of the objects of the Protection of Human Rights Act, 1993 as stated in the preamble of the Act, is the establishment of human rights courts at district level. The creation of Human Rights Courts at the district level has a great potential to protect and realize human rights... Continue Reading →
corruption
What came first---- the egg or the chicken! The answer is rather illusive. It's more of anxiety for scientist and not for any common individual; even its answers are not to be bothered. What really worries should be rather in our "Constitution". What came first-corruption or the population? Can any one find out what's the... Continue Reading →
What is cloning and what are the different types of cloning ?
What is cloning ? And What are the different types of cloning…. There are different types of cloning and cloning technologies can be used for other purposes besides producing the genetic twin of another organism. A basic understanding of the different types of cloning is key to taking an informed stance on current public policy... Continue Reading →
essentials of creation of agency
ARTICLE: ESSENTIALS OF CREATION OF AGENCY Under the umbrella of the Indian Contract Act of 1872, we study few special contracts. In this paper, we will focus on one such contract, the contract of agency. Contract of agency is given under chapter 10 of the Indian Contract Act,1872, defined in sections 182-238. Contract of agency... Continue Reading →
writ of habeas corpus
ARTICLE: WRIT OF HABEAS CORPUS The Constitution of India is the fundamental law of the nation which lays down rules and regulations to safeguard the rights of people and impose obligations on them. This set of basic principles is considered as the protection and custodian of the fundamental rights guaranteed to the people. One such... Continue Reading →
impact of gst
As the dust settles on the commencement of the long journey to implement the historic GST regime, it is worthwhile to take stock of how it impacts specific aspects of Indian infrastructure. Here are seven ways GST affects the infrastructure sector – Electricity: GST is expected to inflate electricity costs by up to eight per... Continue Reading →
rights and liabilities of a mortagor
ARTICLE: RIGHTS AND LIABILITIES OF A MORTAGOR The term mortgage, put simply, means the Transfer of an interest as security (commonly known as collateral) given by the borrower(mortgagor) to the loan lender(mortgagee). Thus, if the borrower is unable to repay the loan or becomes insolvent, it protects the lender, as he acquires the right over... Continue Reading →
gender equality in hindu succession act
ARTICLE: Gender Equality In Hindu Succession Act The history of personal laws in India is rooted in India’s colonial past. Both Hindu and Muslim Personal Laws were brought in the early 20th century to protect the private realm of the household from the colonial state. These “Hindu” and “Mohammedan” laws were largely retained by the... Continue Reading →
ucc – Uniform Civil Code
A set of three words-Uniform Civil Code, here, Uniform refers 'not varying or the same in all cases', Civil refers 'connected with the people who live in a country' and code refers 'a systematic statement of law or a set of law'. Thus this denotes that civil rules should be equal for all the people... Continue Reading →
Inter state Council
Article: INTER STATE COUNCIL The Inter-State Council is a non-permanent constitutional body enshrined in Article 263 of the Constitution of India. It can set up the President based on the provisions of Article 263. First, such a body was established in 1990 on the recommendation of the Government Commission under the Ministry of Home Affairs.The... Continue Reading →
negligence
ARTICLE: NEGLIGENCE This article is about negligence under law of torts and the details that are under it, covering the definition of negligence, its meaning, the duties like duty of care, to the plaintiff, standard of care, breach of duty, and liability. like magnitude of risk, importance of object, amount at which services are offered... Continue Reading →
education policy 2020
ARTICLE: EDUCATION POLICY 2020 As we all are familiar with the earlier education system that has been criticized over a long period. If we compare the Indian educational system with the other developed nation like Germany Singapore, India was lacking behind them. There were demerits in the Indian system that needed to be revised. But... Continue Reading →
constitutional rights for students in india
ARTICLE: Constitutional Rights for Students in India Constitutional Rights for Students in India The most potent and crucial resource for a country's development is its students. A country's future is created by students. Students, as vital as they are, are occasionally exploited and denied their rights. Every student, especially college students, should be aware of... Continue Reading →