1. Ab Initio – From the beginning.
2. Actionable per se – The very act is punishable and no proof of damage is required.
3. Actio personalis moritur cum persona – A personal right of action dies with the person. In other sense, if he dies the right to sue is gone.
4. Actori incumbit onus probandi – The burden of proof is on the plaintiff.KEEP READING
In a landmark verdict Navtej Singh Johar & ors vs Union of India the Supreme Court today scrapped the controversial Section 377; a 157 year old colonial law on consensual gay sex.
The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.KEEP READING
National girl child day is observed on 24th January every year, which tends to promote the rights of every girl child.
The theme for this year is- “Empowering Girls for a Brighter Tomorrow.”
The initiative taken by the current government to spread awareness among people about girl child is appreciable.KEEP READING
In recent, the Bar Council of India has issued an application stating that for the appointment of Civil judge junior division, three years experience at bar must be made mandatory. This news flooded many opinions and views by the people of the legal fraternity.
The BCI application states that young judges are incapable of decision making and have been seen misbehaving with lawyers. Therefore, before making the appointment as a judge, a person must possess three-year experience at Bar.KEEP READING
India is a developing country, but still, rape is a persisting problem at present. Rape is a mark of disgrace that has existed in India for a long time.
According to data from the National Crime Records Bureau (NCRB), a total of 32,559 incidents of rape were reported during 2017, which rose to 33,356 cases in the year 2018. Also, 91 rapes were reported every single day across the country in 2018. These are just the cases that are registered.KEEP READING
Some professional conduct and etiquette that should be adopted as a guide for all advocates:
Advocate’s Duty Towards The Court.
Advocate’s Duty Towards The Client.
Advocate’s Duty Towards Opponents.
Advocate’s Duty Towards Fellow Advocates.KEEP READING
Offenders of sexual assault who are menace to the civilised society should be mercilessly and inexorably punished in the severest terms.
“Judges who bear the sword of justice should not hesitate to use that sword with the utmost severity, if the gravity of the offence so demands.”KEEP READING
Mediation can provide a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to preserve an amicable and sustainable relationship between the parties. These benefits become even more pronounced in situations displaying cross-border elements.KEEP READING
(1) On 26th Oct 1947, the Instrument of Accession was signed between the Government of India and Hari Singh, who was the Maharaja of Jammu and Kashmir. It was agreed that Jammu and Kashmir would become a part of India.
(2) On 17th Oct 1949, Article 370 was incorporated in the Constitution of India. According to this, Jammu and Kashmir was given a different Constitution and different Flag from India.KEEP READING
Article 35A says that all laws which apply to India will not be applicable to Jammu and Kashmir, and the President with the consultation of State assembly will decide which laws will be applicable to Jammu and Kashmir.
Article 35A declares that which people are declared or decided to be a permanent resident of Jammu and Kashmir.KEEP READING
“Live in relationship like marriage is neither a crime nor a sin, though socially unacceptable in this country”.
The decision to marry or not to marry or to have a heterosexual relationship is intensely personal. The Protection of Women from Domestic Violence Act 2005, is considered to be the first piece of legislation that covered relations “in the nature of marriage”, and has provided a legal recognition to relations outside marriage.KEEP READING
a. Please keep it simple.
b. Keep it short.
c. Only ask questions that help you.
d. Avoid open-ended questions.
e. You should know when to quit.
f. Build perfect timings for a sensible move.KEEP READING
INSANITY DEFENSE AND THE ISSUES WITH IT
The concept of “responsibility” arises with most of the cases involving human conduct and presence of guilt, knowledge of the act and its consequences.
A person thoroughly oblivious about its surrounding, or unaware of the distinction between right and wrong, is not the one to punish.KEEP READING
The Central Vigilance Commission’s efforts to promote probity in public life and to achieve corruption free India. The week in which 31st October — the birthday of late Sardar Vallabhbhai Patel falls, is observed as Vigilance Awareness Week. The observance of Vigilance Awareness Week renews our commitment to achieve theKEEP READING
It is almost 14 months since Justice Misra came to the Supreme Court as the Chief Justice of India; But it seems as if it was yesterday when he took oath. It was all because the Court was blessed with a Chief Justice who has a disarming smile, pleasant disposition,KEEP READING
Adultery – No longer punishable in India “Any law which affects individual dignity, equity of women in a civilised society invites the wrath of the Constitution.” A Constitution Bench of the Supreme Court today struck down Section 497 of The Indian Penal Code which penalises Adultery. The judgment was deliveredKEEP READING
