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Lawyersclubindia Articles

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 |   30 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 |   57 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 |   82 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 |   135 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 |   128 Views

Plea In Bombay HC Challenges Absolute Immunity To Judges Under Judges Protection Act: Even When Justice Is Wilfully Denied

  Mansha Kathuria    18 January 2022 at 15:25

KEY TAKEAWAYS The case in reference is Sabina Yusuf Lakdawala v. State of Maharashtra & Ors (High Court of Judicature at Bombay) The matter is still pending in court hence, the ruling in this instance is not yet final. Should judges be granted fu ..

Posted in Others  1 comments |   196 Views

Does Taking Daughter-In-Law’s Jewellery For Safekeeping Amount To Cruelty

  Ruchitha Bafna    18 January 2022 at 15:25

KEY TAKEAWAYS Section 498 A of the Indian Penal Code refers to a woman's husband or a relative of her husband subjecting her to cruelty. In a recent case before the Hon'ble Supreme Court, it was held that advising a wife to adjust to avoid re ..

Posted in Others  2 comments |   644 Views

The Transfer Of Property Act And What Properties Can Be Transferred

  Aarushi    18 January 2022 at 09:57

What is the Transfer of Property ActThe Transfer of property Act was introduced in 1882, before this the transfer of properties were governed by the English Laws in India. This Act is an extension of the Indian Contract Act, 1872 and has 6 chapters w ..

Posted in Others |   199 Views

Proceedings Can Be Quashed Under 482 CrPC Which Are Prima Facie Bad For Want Of Sanction: Allahabad HC

  Gautam Badlani    17 January 2022 at 09:52

KEY TAKEAWAYS The primary objective of Section 197 is to protect the public servants from frivolous criminal complaints. Thus, this Section protects the public servants from unnecessary harassment Protection can be availed under this Section "on ..

Posted in Others |   347 Views

Arbitrariness Of Police In Custodial Violence

  Ruchitha Bafna    17 January 2022 at 09:52

KEY TAKEAWAYS In the recent case of Kaushal v. State of Haryana and others, the Punjab and Haryana High Court clarified that, following Supreme Court orders, no area of a police station should be left unprotected by CCTV surveillance, which would ine ..

Posted in Others |   126 Views

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