The notion of maintenance being claimed by the wife after/ in divorce is very common and well accepted, however it is still not known to the societies of India regarding the rights of maintenance by the husband. The Justice System that India follows is very equitable in nature, that treats both men and women equally […]
Can a husband claim maintenance from wife after divorce? Read More »
The pre-emption law was originated in Prophet Muhammad’s saying. Pre-emption is also known as shufa, which portrays that conjunction that is adjacent. In Govind Dayal v. Inaytullah, Mahmood J. explains pre-emption as “a right which the owner of certain immovable property possesses, as such, for the quiet enjoyment of that immovable property, to obtain, in
The ‘Procedure established by law’ is the properly enacted law by the legislature which is justifiable when it acts in accordance with the procedure and requirements. The ‘Due process of law’ is an American phenomenon from Clause 39 of the Magna Carta that was endorsed in the United States of America. The Constituent Assembly evidently
Difference between Due process of Law and Procedure established by Law Read More »
The Constitution of India came into force on 26 January 1950 after a lengthy formidable battle with the British. This was a cordial try at the amalgamation of various cultural and religious groups under the umbrella of unbelief and liberating them from the Hindu Caste Hierarchy. Hence, the fundamental right of freedom of religion guaranteed
The word ‘tort’ has its origin in the French language which means a civil wrong. Being derived from the medieval Latin word ‘tortum’ which means a ‘wrong’ or ‘injury’. A tort arises when the duty of a person towards anyone else is affected. An individual who commits the tort is called a tortfeasor or a
In a layman’s term, a contract means when two parties put into writing an agreement which consists of specific obligations or promises that are to be performed by such parties, and when such written agreement becomes enforceable by law, it becomes a contract. When the agreement has gained the force of law only for those
Robber and theft both are criminal offences punishable in the Indian Penal Code, 1860 as both falls under the ambit of offences against property. Even though the term ‘robbery’ and ‘dacoity’ are both used correspondingly with respect to their inter-relationship, there are reasonable and considerable points which hold a differentiation between the two. Concept of
In the very famous case of J.S. Jadhav v. Mustafa Haji Mohammad Yusuf, the Honorable Apex Court observed that “Advocacy is not a craft but a calling; a profession wherein devotion to duty constitutes the hallmark. The sincerity of performance and the earnestness of endeavor are the two wings that will bear aloft the advocate
Torts is a civil wrong. In the law of torts, if any person commits any wrongful act which causes injury to another person, he is held accountable and has to pay damages or provide some other remedy other than damages that the court determines to the victim of such an act. But in rare cases,
The term ‘frustration’ in any layman’s word refers to defeated, exasperated and what else? However, this term is widely used in agreements and contracts between parties. The term ‘frustration’ is used to refer to failed or unsuccessful transactions which could not be completed for some unforeseen reason. In the law of contracts, the doctrine of frustration has
Doctrine of Frustration under Indian Contract Act 1872 Read More »