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…..
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…
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….
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.
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.
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’.
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?
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.
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……..
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….
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)….
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……
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…….
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?………..
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…….
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 …….
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…..
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……..