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Lawyersclubindia Articles


Credibility Of A Related Witness, Interested Witness And A Hostile Witness

  Mansha Kathuria   24 January 2022 at 11:48

KEY TAKEAWAYS Under section 118-134 of The Indian Evidence Act,1872 defines who can testify as a witness, how they can testify, what remarks would be deemed testimony and so on. A credible witness is capable of giving testimony and worthy of belief. ..


Posted in Others  2 comments |   5032 Views


Daughter-In-Law Bound By Undertaking Given While Obtaining Compassionate Appointment To Maintain Mother-In-Law: Calcutta HC

  Adv. Sanjeev Sirohi   22 January 2022 at 15:47

While upholding the need to maintain the sanctity of the undertaking that one gives to obtain compassionate appointment, the Calcutta High Court which is also the oldest High Court in India in a learned, laudable, latest and landmark judgment titled ..


Posted in Others |   731 Views


Injunctions And Their Kinds

  Ruchitha Bafna    22 January 2022 at 13:27

KEY TAKEAWAY An injunction is a legal process in which someone who has infringed or threatened to infringe on another's rights is barred from continuing or initiating the wrongful act. An injunction is an order against a person, in which restrain ..


Posted in Others |   3736 Views


Succession Of Hindu Females

  Anila Sabu   22 January 2022 at 13:27

KEYTAKE AWAYS It is under the sections 14 to 16 in The Hindu Succession Act, 1956 where matters related to the succession of property of Hindu females is delt with. Inherited property of a Hindu female dying issueless and intestate goes back to the s ..


Posted in Others  3 comments |   1730 Views


Medical Records Cannot Be Summoned To Prove Adultery Of The Wife; Would Destroy Doctor Patient Confidentiality

  Mansha Kathuria   22 January 2022 at 12:32

KEY TAKEAWAYS Adultery is now seen as a civil wrong that has been decriminalized, although it was formerly regarded as a criminal offence. Adultery was earlier penalized under Section 497 of the Indian Penal Code, making it a criminal offence. Joseph ..


Posted in Others  2 comments |   1350 Views


Res Ipsa Loquitur And Negligence In Torts

  Ruchitha Bafna    21 January 2022 at 10:50

KEY TAKEAWAYS Negligence is the failure to take the care that a person is legally obligated to do given the circumstances. There are three aspects that make up negligence: a duty to care, a breach of duty, and damages. The maxim Res Ipsa Loquitur shi ..


Posted in Others |   957 Views


The Word Impossible Used In Section 56 Of Indian Contract Act Does Not Merely Mean Physical Impossibility

  Gautam Badlani   20 January 2022 at 17:45

KEY TAKEAWAYS When the performance of the contractual obligations is rendered impossible due to circumstances which are beyond the control of the contractual parties, the doctrine of frustration of contract, envisaged under Section 56 of the Indian C ..


Posted in Others |   2513 Views


Whether Taking A Voice Sample Of The Accused Without Their Consent Violates Article 20(3) Of The Indian Constitution

  Ruchitha Bafna    20 January 2022 at 13:55

KEY TAKEAWAY • The Supreme Court held in Ritesh Sinha v. State of Uttar Pradesh (2019) that ordering an accused to provide a voice sample does not violate Article 20(3) of the Indian Constitution. • Because a court's order for an accuse ..


Posted in Others  1 comments |   2301 Views


Power of Judicial Review: A Basic Feature of Indian Constitution

  Mansha Kathuria   19 January 2022 at 15:03

KEY TAKEAWAYS Emperor v. Burah was the first case which examined judicial review in India. Landmark case of Kesavananda Bharati v. State of Kerela supports the statement that judicial review is a basic feature of the Indian Constitution. Judicial rev ..


Posted in Others  1 comments |   2044 Views


Damnum Sine Injuria Vs Injuria Sine Damnum

  Ruchitha Bafna    19 January 2022 at 10:24

KEY TAKEAWAY Damnum sine Injuria is a legal principle that refers to damages without injury or damages in which the plaintiff's legal rights have not been infringed upon. In the instance of damnum sine injuria, no action is available because no l ..


Posted in Others |   1702 Views