Actionable Claim under Transfer of Property

INTRODUCTION The transfer of property act is generally based on immovable property, but some of its provisions can also be laid on movable property. In general, an actionable claim refers to one that allows you to take legal action. It signifies there is a claim and you can approach the court to have it enforced.... Continue Reading →

SALIENT FEATURES OF THE 13TH AMENDMENT OF THE CONSTITUTION OF INDIA[1]

The main feature of the 13th Amendment gave the status to the Naga people and made special provisions for it. An agreement was made in the year 1960 in July between the Leader of the Naga People Convention and the Government of India. History- In the year 1918, Naga requested the British that Naga should... Continue Reading →

BIOGRAPHY OF CHIEF JUSTICE P.N. BHAGWATI

Judges should be of stern, stuff and tough fire , unbending before power, economic or political, and they must uphold the core principle of law which says, be you ever so high, the law is above you.‚ÄĚ-   Justice P.N. Bhagwati The complete boldness of Justice P.N. Bhagwati‚Äôs vision, philosophical, rationale and futuristic imprints of judicial... Continue Reading →

BIOGRAPHY OF CHIEF JUSTICE Y.V. CHANDRACHUD

It is not an easy job‚Ķmy biggest achievement is that I am leaving an undivided court for my successor - Y.V Chandrachud ‚ÄúOn my first day to court, my father introduced me to Justice Chandrachud who was then a public prosecutor. My father had said that this young man will be the Chief Justice Of... Continue Reading →

HISTORY OF JURY TRIALS IN INDIA

History of jury trials  After the renaissance movement in Europe major philosophies originated, be it liberalism from the protestant movement, Marxism from the industrial revolution. One such system which spread from the west to the rest of the world is the jury system or the trial by jury. The very concept of jury trial reflects... Continue Reading →

Right to Privacy as a fundamental right

Introduction: Right to privacy in its simplest sense means ‚Äėright to be left alone‚Äô. Black‚Äôs Law Dictionary defines it as the ‚Äúright to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public... Continue Reading →

Does Austin‚Äôs Command Theory of Law stand the Test of Time? : In relation to Modern India.

Introduction: John Austin is a quintessential contributor in the ‚ÄėAnalytical School of Jurisprudence‚Äô. He was born in 1790 and served as an army officer till 1812. Later he digressed towards law and became Professor of Law at Bentahmite University College in London. He was promoted to the chairman of jurisprudence at the University of London... Continue Reading →

Basics to Contract Drafting and Contract Review

The foundation for every legal relationship between two or more parties is established on a basis of a contract. A contract is a document containing a set of terms and clauses framed by the individuals, companies and/or other legal entities that specifically dictates the relationship between such individuals in the future. Once the contract is... Continue Reading →

An Overview of Constitution of India

‚ÄúConstitutional morality is not a natural sentiment. It has to be cultivated‚ÄĚ - B.R. AMBEDKAR Constitution is set of fundamental principles according to which a state or other organisation is governed. It can be divided into two categories: Constitution which have single comprehensive document. Example to such constitution is Indian Constitution. Another category is the... Continue Reading →

Passing Off Action Under Trademark Law

Passing off Passing off is a common law tort that can be enforced to the unregistered trademark rights. If a person sells his goods as the goods of another then the trademark owner can take action as this becomes a case of passing off. Passing of used to protect or safeguard the goodwill attach to... Continue Reading →

Residential Status of an Assessee

In today‚Äôs article, we will discuss the topic related to the residential status of an assessee as defined in the income tax act 1961. The residential status will help determine the taxable income in India. The residential status of an assessee as defined in SECTION 6 OF INCOME TAX ACT, 1961. Residential status is very important in... Continue Reading →

Dowry under Dowry Prevention Act, 1961

The dowry is an ancient tradition found across cultures, religions, and time periods. It is not certain where dowries originated, but the custom takes place in wedding ceremonies even today. History And meaning of  Dowry A dowry is a gift of considerable monetary value given from either the bride or groom to their future spouse... Continue Reading →

BASIC LAWS AND RIGHTS EVERY INDIAN SHOULD KNOW

INTRODUCTION When we talk of knowledge about law, only people with legal backgrounds are expected to know the existing laws. By far, this should not be the case. Every person must have a decent knowledge of the law which will help him in several ways like promoting legal awareness as well as being a responsible... Continue Reading →

Gulabo Sitabo: A Mansion Won by None

Gulabo Sitabo is an Indian film released in 2020, which revolves around one ancestral property and every character in the film trying their ways to acquire the property, Mirza, archaeology department, the builders, and tenants, to fulfil their own greediness. Mirza is the greedy husband of Fatima Begum, the owner of the ancestral property, Haveli,... Continue Reading →

Impeachment Of President

Meaning of Impeachment Impeachment is defined as the act of questioning something's integrity or validity. The term impeachment refers to the procedure for removing a person in a position from all of the powers and obligations that the post requires. Impeachment is the term used to describe the complete process of removing someone from office.It... Continue Reading →

APPOINTMENT OF ARBITRATOR

When disagreeing parties are not satisfied with the judgement passed by the Court via litigation, Alternative Dispute Resolution (ADR) comes in play to save the day[i]. ADR is an external dispute resolution method which is used to settle disputes between two parties or more, with the help of a third party. It has a wide... Continue Reading →

WHO CAN SUE AND WHO CANNOT BE SUED?

Who can sue?If they are of sound mind and are not excluded by law, any reasonableperson, including businessman, corporation, government and otherindividuals, may sue.Who cannot sue?There are seven types of people unable to sue, subject to such restrictionsonly: HUSBAND AND WIFE:In English law, back in time, a husband and a wife should not sue. A... Continue Reading →

LEASE

A lease and a license can be distinguished from each other, a lease is a transfer of right to enjoy the property whereas a license does not transfer any kind of interest in the property nor it has any right to possession. Lease is defined under section 105 of Transfer of property Act 1882. A... 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 →

ROUSSEAU’S GENERAL WILL

The concept of progress is extremely appealing in modern life. The traditional opinion in the 18th century, as European cultures grew more prosperous and sophisticated, was that humanity was firmly established on a good trajectory from barbarism and ignorance to wealth and civilisation. However, one 18th century philosopher vehemently disagreed, and his ideas are still... Continue Reading →

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