It is a well established principle of Contract law that all contracts are agreements but all agreements are not contract. This might seem a little confusing, so, we will first learn about agreements and contracts. What is an Agreement? An Agreement is a promise backed by consideration. Section 2(e) of the Indian Contract Act, 1872 …
Qui facit per alium facit per se is a Latin maxim that translates to, “He who acts through another is acting himself” This legal maxim is often used in the law of torts to expound on the law that the principle is liable for the acts of this agents in certain circumstances. Literal translation & …
Qui facit per alium facit per se: Meaning and History Read More »
Deterrent means to dissuade; it attempts to dissuade wicked minds from taking the incorrect and illegal route. Among the five theories of punishment in criminal jurisprudence, namely, deterrent, retributive, preventive, reformative, and expiatory, this particular theory imposes dreadful consequences, i.e. punitive actions against the wrongdoer, in order to curb the menaces of would-be evildoers and …
The Probation of offenders Act of 1958 is based on the concept that young offenders should be prevented via counselling and rehabilitation rather than being placed in jail like normal offenders. The probation officer focuses on the offender’s worry or goal, attempts to resolve it, and strives to make the offender a productive member of the …
The Probation of Offenders Act and the Responsibility of Probation officer Read More »
This blog discusses the meaning, object and grounds for issuance of a temporary injunction under the Code of Civil Procedure, 1908 (CPC). The latter part deals with some FAQs related to the application for temporary injunction. What is the meaning of temporary injunction? Temporary Injunction refers to the Judicial Intervention of maintaining a ‘status quo’ …
Let’s introspect if we are truly destroying generations at the ease of fingertips. When we open up any of the social networking tools online, in the language of marketing we’re a targeted user where the platform serves us freshly cooked dopamine shots. These are sort of chemicals that our internal system produces to give us …
Are we destroying generations at the ease of fingertips? Read More »
Let’s start by saying that there is an over-dependence on judgments. It would be far better to incite a practice to not have that dependency as far as possible. We’ll find out the reasons soon. It is believed by many that the beauty of the law in many ways is to research organically, to read …
The Art of using Judgements and Citations in practice Read More »
Law of civil procedure plays a crucial and pioneering role in expanding the adjudication of civil disputes. The contemporary tendency, however, is to treat the procedural law as subordinate to substantive law. These issues that we will deal with are: Whether law of civil procedure is an adjective law? What are the object, scope and …
This essay will will concisely discuss about the concept of limited liability and specifically point out the economic and legal perspective. Concept Limited liability refers to the enabling provision of law that limits a member (or shareholder’s) liability towards the organisation and makes a clear demarcation between personal assets and the organisation’s assets. It saves …
A coercive search of a person’s body or property is an encroachment upon his personal rights that ought to be protected by any civilized state. But even in civilized states its important to put some limitations on these rights in the larger interest of society. It has been observed in State V. Bhawani Singh AIR …