Legal Columns

– Law Wire Team

“PRINCIPLES OF NATURAL JUSTICE- RULE AGAINST BIAS” – I

Natural Justice, in the words of Megarry J., is nothing but, “justice that is simple and elementary, as distinct from justice that is complex, sophisticated and technical”…..It should be noted here that bias is nothing but a pre-conceived notion or a pre-determination towards a…..

– Nabeel Wasim Malik, Associate, AKS Partners

Validity of Third Party Funding in Domestic Arbitrations in India

Third-Party Funding (“TPF”) refers to the financing of litigation, arbitration or mediation expenses of a party by a third-party financier in return for a share in the proceeds of such legal proceedings…..the recent trend in most pro-arbitration regimes has been in favour of TPF arrangements.The objections against TPF are based on the common law prohibition of the tort of…

– Law Wire Team

Jury Trial in India

In the world of increasing alternate methods of dispute resolution, plea bargain, mediation, the practice of resorting to lay person i.e. jury members without any legal knowledge is reducing. India and the United States of America have certain different approaches to the jury system….

– Law Wire Team

Res – Gestae: Section 6 Evidence Act

The essence of the doctrine is that a fact which, though not in issue, is so connected with the fact in issue “as to form part of the same transaction” becomes relevant by itself. This rule is, roughly speaking, an exception to the general rule that hearsay evidence is not admissible.

– Law Wire Team

Evolution and Impact of the Force Majeure Clause

Force Majeure, generally referred to as “Act of God” is a French word that translates to “superior force”. ……. The major point that needs to be looked at is as to why and how can a party be freed from its legal obligations mentioned in a contract without fulfilling them. 

– Law Wire Team

Constitutional Morality

The term ‘constitutional morality’ was first used by Dr. B.R. Ambedkar in the Constituent Assembly. This term wasn’t either discussed upon but a simple pass by reference was made to the usage of the term ‘constituent morality’ as used by Grote of this phrase and thereby on as to what Grote meant by the term ‘constitutional morality’.

– Law Wire Team

Right to Protest

The important question that needs to be addressed in today’s independent India is whether the methods and demeanour of dissent against colonial rule should remain the same in a self governed democracy?

– Harshita Kapoor

Abetment to Suicide: The Requirements of a Courtroom

This article discusses the interpretation trajectory of Section 306, IPC in order to conclude on how the law of the land stands today w.r.t. this crucial section of the Code. The objective is to analyse and put together what constitutes a successful charge u/s. 306, IPC and what evidence proves the said charge in a courtroom.  

– Law Wire Team

Speedy Justice = Extra Judicial Killing ?

We’ve seen that the Mathura Rape case, Maya Tyagi Rape case and the Nirbhaya Rape case stand out because they sparked a revolution in the society. The movement started in the aftermath of these cases led to the legal conclusion of bringing about changes in the legislation, but, while we see the benefits of a social movement, do we also realise that the power these movements have gained over time has increased……..

– Law Wire Team

2012 Delhi Gang Rape and Murder – The Nirbhaya Case

Today, in 2020, 8 years since the Nirbhaya incident, and 6 years since passing of the Juvenile Justice (Care and Protection of Children) Act, 2014, this issue is again left for discussions only in the court rooms.

– Law Wire Team

“ सुरक्षा आपकी , संकल्प हमारा ”

On the 18th of June, 1980 a girl named ‘Maya Tyagi’ along with her husband and two of husband’s friends were travelling from Delhi to Sakal Patti to attend a marriage……The Maya Tyagi incident sparked a huge outrage in the society. Post the Mathura Rape case this was another major custodial rape case. This incident also gained political limelight to the extent that the victim….

– Law Wire Team

Mathura Rape Case : Evolution of Custodial Rape Laws

Laws are said to evolve with time, but, what really brings about a change in a law? It is the society. Individuals evolve with time resulting in the society at large changing. A major incident converts the individual anger into public outrage and this is the final push that results in the changes in law….Thus, came into existence the Criminal Law Amendment Act, 1983 (11 years after Mathura was raped in a police station by the men sworn to protect her)….

– Law Wire Team

WRITTEN STATEMENT

The expression ‘written statement’ has not been defined in the Civil Procedure Code, 1908. It ordinarily means a reply to the plaint which is filed by the plaintiff. In a written statement, the defendant rebuts every material fact alleged by the plaintiff and introduces new facts which he believes to be true……

– Law Wire Team

COUNTER CLAIM

The counter claim is not just a secondary part of the written statement. It need not necessarily be filed with the written statement also, instead it can also be filed at a later stage of proceedings. The point to be noted is that it cannot be filed after the issues or framed or after the closing of evidence…….

– Law Wire Team

SECTION 309 IPC – ATTEMPT TO COMMIT SUICIDE

According to the WHO, an estimate of 800,000 people die committing suicide every year throughout the world, of these according to the Government of India, 135,000 (17%) are residents of India. Has suicide always been existing as an epidemic and we’ve been ignorant all this time in terms of coming up with coping mechanisms to counter it?………..

– Law Wire Team

EVOLUTION OF ARBITRATION LAW IN INDIA

The arbitration law in force today, is The Arbitration and Conciliation Act, 1996 (as amended by the Amending Act 3 of 2016 and further amended in 2019), but, how did we reach this point. The journey is what we’ll be looking at in this article…..

– Law Wire Team

VICARIOUS LIABILITY OF THE STATE

Although the Union of India and the State Governments can sue and be sued but the circumstances under which that can be done have not been mentioned. To know whether the state is liable for a particular act or not, we have to go back and find the position of the liability imposed on East India Company by the Courts…….

– Law Wire Team

CUSTODIAL DEATH

The definition of Custodial Death or custodial violence has not been prescribed by any law. The word ‘custody’ implies guardianship and protective care. It is important to note that even though custody implies confinement of a person, it does not entail to impose….

– Law Wire Team

TEMPORARY INJUNCTION

Section 37 of Specific Relief Act, 1963 provides that “temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit.” The procedure for seeking …….

– Law Wire Team

FORMATION OF A COMPANY

In order to form a new company, the promotor shall furnish the following documents with the Registrar of Companies within whose jurisdiction the registered office of a company……….

– Law Wire Team

ARREST

Chapter 5 of the Criminal Procedure Code,1973 provides for the arrest of persons (Section 41 to 60).  Arrest means apprehension of a person by legal authority resulting in deprivation of his liberty…..

Social Impact of Betting in India

India as a country is a very diverse, emotional and religious one. Since time immemorial, betting, gambling and such activities have been looked down upon by the Indian society. So much so that even the Pandavas in the Mahabharata who were considered to be almost symbol of righteousness, fell to the trap of gambling and lost their entire kingdom to it. Thus……..