This case is a significant decision by the Delhi High Court that addresses the interplay between the right to file a review petition and an appeal under Order 47 Rule 1 of the Code of Civil Pro...

The doctrine of election is a fundamental principle in law that typically prevents a party from pursuing two inconsistent remedies for the same relief. However, its applicability becomes nuance...

The sweltering summer of 1955 in Mississippi was thick with humidity and racial tension. It was a summer that would forever be marked by the horrific murder of Emmett Till, a 14-year-old Black ...

Inter-state water disputes in India represent a recurring challenge within its federal framework, often exacerbating tensions between riparian states. Despite the constitutional and legislative...

Scale and Economic Impact of Begging in India Begging remains a pervasive socio-economic challenge in India. As per the 2011 Census of India, approximately 4 lakh (400,000) individuals were offici...

Factual Matrix: The petitioners, an association of distributors of Indane LPG cylinders in West Bengal, filed three similar writ petitions regarding the respondents' actions related to the E...

The safety and security of citizens hinge on the effectiveness of fire services as a vital component of public safety infrastructure. While India's fire services have progressed, a noticeable g...

Industrial Relations Code , 2020 Mechanisms For Resolving Industrial Dispute The Industrial Relations Code, 2020, lists a three main mechanisms for resolving industrial disputes: preventive for...

Indian labor laws have been experiencing sweeping changes to align the dynamics of industrial relations with the evolving times. The most important initiative in the recent past has been the In...

Section 42(c) of the Indian Partnership Act, 1932 [2], states that a partnership dissolves upon a partner's death unless there's an agreement to the contrary. However, if a firm consists of onl...

In India, it is lawful and strictly regulated to possess a firearm. Many persons are considering obtaining a firearms license for personal reasons as their concerns about personal safety and se...

The year 2020 represented a pivotal change in India's labour regulation framework. Following extensive discussions and consultations with various stakeholders, Parliament enacted four significa...

Let us delve into the significant function of boilerplate clauses, frequently underestimated sections within contractual agreements that meticulously govern the agreement's operation and the ra...

The legal maxim, "Ubi Jus, Ibi Remedium", i.e. "Where There Is A Right, There Is A Remedy" is one of the most important source for derivation of various legal principles. Th...

Rapid globalisation of the economy contributed to the tremendous cross-border commercial transactions and trade. However, with this influx, many challenges related to the realm of conflict of l...

Order XXXVII of The Code of Civil Procedure, 1908 has been used enormously by litigants for securing a Summary Judgment. As we hear the term "Summary Judgment" so often, lets emphasize on its m...

In civil litigation, clarity on the role and scope of rebuttal evidence is critical, especially when the case reaches the stage of recording evidence under the Code of Civil Procedure (CPC). A ...

The safety and security of citizens hinge on the effectiveness of fire services as a vital component of public safety infrastructure. While India's fire services have progressed, a noticeable g...

The launch of the 'Panchayat se Parliament 2.0' program by the Central Government has grabbed the public's attention. This program aims to equip 502 tribal elected women representatives with th...

Damnum sine injuria (Loss or damage for which there is no legal remedy) Meaning: This is a Latin term that means "damage without wrongful act." This maxim is based on a general principle...

Overview: What is Tort? Law of Torts is a body of rights, duties, obligations, and remedies that are applied in civil proceedings aimed at providing relief to persons who suffer harm from the ...

The case of Dr. Narender Kumar Sharma & Ors vs. Maharana Pratap Educational Center revolved around the procedural aspect of filing and re-filing a written statement. The dispute arose when ...

From India's founding as a republic to the present day, religious customs have long been the subject of legal and social debates, in particular where those customs violate the constitutional pr...

A Pre-Approval Travel System (PATS) serves as a crucial mechanism for the effective oversight of official and large-scale travel endeavours. By mandating pre-approval, it ensures adherence to o...

A garnishee order stands as a powerful legal instrument employed in debt recovery, allowing a creditor to seize assets or funds owed to a debtor that are held by a third party. This court-issue...

Under the purview of criminal law personal bonds and surety bonds are very essential which works as a safeguard, providing a relief in respect of an accused person, through which he can be rele...

A special Power of Attorney is a legal document which provides a validity to an agent or any related person or attorney in fact the authority to act on behalf of the principle in respect of any...

An Agreement of Sale has a significant importance in the legal and real estate areas. The foundation of a contractual relationship between the buyer and the seller, includes the terms and condi...

India's ethical foundations and legal ideas have been greatly influenced by ancient Hindu Scriptures like the Vedas, Smritis, Dharma Shastras, and Artha shastra. Together all this scriptures la...

The case of Rohit Sharma Vs A.M Market Place Pvt Ltd. was adjudicated by the High Court of Delhi concerning issues related to service of summons, procedural compliance, and forfeiture of the ri...

On November 24, 2024, the city of Sambhal in northwestern Uttar Pradesh witnessed clashes between police personnel and protestors, leading to the death of at least five people and injuries to s...

The Bolam Principle, which has its roots in the historic UK case Bolam v. Friern Hospital Management Committee (1957), has significantly influenced the development of medical negligence jurispr...

The issue raised in this case is about the stature of the National Capital Territory and the Administrators of NCT Delhi analyses and has inputs about the distribution of functions and powers o...

The case of K. Laxmanan vs. Thekkayil Padmini & Ors., decided by the Supreme Court of India on 3rd December 2008, primarily dealt with issues concerning the proof of a Will and a Gift Deed ...

The doctrine of Res-gestae forming an exception to hearsay plays a Vitol role in admissibility of evidence in the court. Rooted in the common law and codified under Section - 6 of the Indian ev...

In India, the public employment sector operates according to the values of fairness, openness, and objectivity. As an employer, the state is obligated to adhere to constitutional requirements a...

According to the Code of Civil Procedure (C.P.C.), a plaint is a crucial document that initiates a civil suit. It must contain specific essential particulars to ensure that the court has all th...

India, a land of immense cultural heritage and spiritual richness, is home to over 1.4 billion people who take immense pride in their tradition and religious beliefs. India is a secular nation ...

A suit, also known as a "Daawa," is a formal legal action initiated by a plaintiff against a defendant in a court of law. It is instituted by the presentation of a plaint, which is a ...

Disaster management performs a significant role in governance with the aid of making sure preparedness, mitigation, and recovery in time of crisis. The Disaster Management Act, 2005 was enacted...

The Code of Civil Procedure, 1908, governs civil case management in India. The Code is divided into two parts. The First Schedule contains 51 orders and rules and 158 sections that form the fir...

The case concerns a petition challenging the dismissal of an amendment application under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (CPC). The petitioners sought to amend the valuatio...

This case pertains to procedural compliance under the Delhi High Court (Original Side) Rules, 2018. The primary issue revolves around whether the plaintiffs' replication, filed with a minor pro...

India's Public Distribution System relies heavily on Ration Shops, or Fair Price Shops (FPS), to supply essential, subsidized commodities to vulnerable populations. However, these crucial outle...

India's 2005 Right to Information Act is a vital law promoting government transparency and accountability by allowing citizens to request information. It has been instrumental in uncovering cor...

The case addresses the denial of access to a PhD thesis under the Right to Information Act, 2005 (RTI Act). The petitioner, Rajeev Kumar, sought a copy of the thesis titled "Studies on som...

In legal disputes, the prospect of several claims over the same subject matter frequently causes uncertainty and risks for the person holding the disputed property, money or debt. To resolve su...

The plaintiffs purchased a two-storied building in Meerut Cantt through a registered sale deed in 2006. The disputed shop was let out to the partnership firm M/s Janta Finance & Trading Cor...

In the intricate environment which forms the legal and business partnership of the contemporary world, agreement serves as the starting point of a mutually understandable contract. In every per...

This article aims to highlight the purpose and consequence of breach of contract in general and repudiatory breach of contract in specific. This article also takes into account common law princ...

In society, people enter into contracts knowingly or unknowingly at various levels in their lives. Not all people in society enter into contracts, while some individuals fall under the categori...

The legal doctrine of approbation and reprobation prevents a party from simultaneously accepting and rejecting the same legal instrument or transaction. This principle, grounded in the broader ...

In the Indian Civil Procedure Code (CPC), "Replication" and "Rejoinder" are terms associated with the back-and-forth exchange of pleadings in a civil suit. While they share ...

Section 231 of the Indian Contract Act, 1872, governs the legal relationship between an agent, a principal, and a third party in situations where the agent enters into a contract without disclo...

The abolition of the Zamindari system in Uttar Pradesh marked a significant socio-economic and political transformation in post-independence India. Introduced through the Uttar Pradesh Zamindar...

The internet is often referred to as a "borderless world" with no defined territorial limits. This borderless nature presents unique challenges when it comes to enforcing laws, especi...

Schiller And Ors. V. Sooltan Chand And Ors. Facts Of The Case The appeal stems from a ruling rendered in the Original Jurisdiction of the High Court by Mr. Justice Pontifix, wherein...

Contract is consist of two things that it should fulfil the conditions of agreement [S. 2(E)] and should be enforceable by law [S. 10]. In today's world the Technology has had a huge impact on ...

Service of Summons: When the plaintiff files a suit, the defendant has to be informed that a suit has been filed against him, and that he is required to appear in the court to defend it. The inti...

This article elucidates the seminal judgment of the Hon'ble Supreme Court of India in Bhagwandas Goverdhandas Kedia v. Girdharilal Parshottamdas & Co. [(1966) AIR SC 543], a pivotal case de...

Prior to the enactment of the Hindu Succession Act, a coparcener was not entitled to either gift or will his interest in the coparcenary property. This ban or embargo has been removed concernin...

Corruption as defined by the World Bank refers to the abuse of public office for private gain and covers a wide range of behaviour, from bribery to theft of public funds. It not only harms the ...

Public interest Litigation (PIL) means litigation filed in a court of law to protect the "Public Interest". Any matter where the interest of the public at large is affected can be redressed by ...

The Bharatiya Sakshya Adhiniyam, 2023 or "BSA, 2023" (previously the Indian Evidence Act, 1872 or "IEA, 1872") preserves the doctrine of conclusive presumptions, such as those related to the le...

Widow having share in the property and right of residence, ousted by other co-sharers is entitled to an injunction in a suit brought by her - Section 23 of the Hindu Succession Act , bestows a ...

During the COVID-19 pandemic the Government of India was forced to consider a contract of indemnity for international manufacturers like Moderna & Pfizer. This consideration resulted from a...

The COVID-19 pandemic, one of the most profound global crises in recent history, has significantly impacted the legal landscape, particularly in the realm of contract law. As businesses, govern...

In the realm of contract law, a breach is any violation of the contractual obligations stated in the terms and conditions of the legally binding contract. A breach might range from late payment...

The Uniform Civil Code (UCC) has been a subject of intense debate in India for decades. Enshrined as a Directive Principle of State Policy under Article 44 of the Indian Constitution, the UCC s...

The Indian Courts are notoriously infamous for a ginormous backlog in its judicial system. So much so that many who are aggrieved don't seek litigation as a source of remedy because of ineffici...

Principles of Hindu LawA Hindu father or another managing member has the power to make a gift, within reasonable limits, of ancestral immovable property for pious purposes. However, such aliena...

In this article we talk about the impact of technology in the Indian legal system as we are moving towards modernization of India's Civil Procedure Code. As we know, CPC was enacted in the year...

The Civil Procedural Code, 1980 was initially with a view to have a fixed civil procedure in all the courts. The code also has doctrines, not only provisions and rules. Which are to be applicab...

Chapter X - Finding And Decree Details of Decree and Extract from the Decree The decree includes, if necessary, orders for custody, damages, and costs. Where the petition includes a request for...

Section II. - Decrees. Decree Nisi in Suits for Dissolution or Nullity If a finding is arrived at, the Judge may dismiss the petition or pronounce a substantive decree if the case of the peti...

Pursuing a court case to claim ancestral property in India involves several steps and understanding the legal framework surrounding inheritance and property rights. Below is a general outline o...

(1880) 5 AC 714 HL. 14. Postponement of Vesting. In Sisir v. Ajit AIR 1938 Cal 466:42, it was held that upon the death of the testator, the estate vested in the son, and the vesting was not po...

Mathura Prasad Bajoo Jaiswal v/s Dossibai N.B. Jeejeebhoy Facts Of The Case: Section 11 of the Civil Procedure Code, 1908 defines res judicata. A matter adjudged" is the combined meaning o...

Generally, Courts attempt to understand the stance of both parties before announcing decisions. The maxim, 'Audi Alteram Partem', meaning "listen to both sides" encompasses this duty of the cou...

Deemed Decrees Under The Code Of Civil ProcedureThere are several kinds of decrees under the Code of Civil Procedure (hereinafter referred to as CPC). As per Section 2(2) of CPC, a decree is the ...

Section 9 of the Code of Civil Procedure, 1908 (CPC), is often termed the "gateway" to civil litigation in India. It establishes the foundational jurisdiction of civil courts, mandati...

The principle that bars the institution of another action for the same cause of action is part of the doctrine of res judicata and is provided under Order II Rule 2 of the CPC[1]. This rule req...

The concept of "interim" signifies something temporary or provisional-a measure that doesn't conclusively resolve a matter but addresses immediate needs that may arise during the course of lega...

The Civil Procedure Code (CPC) of 1908 lays down the rules governing civil litigation in India. For a civil case to be initiated, a systematic procedure must be followed to ensure compliance wi...

At times some basic question of law arises in a legal proceeding, which makes everyone involved take note of it and think. The answer to such questions looks very obvious but on a deeper analys...

Order II Rule 2 of the Civil Procedure Code, 1908, is a significant provision governing the joinder of causes of action in civil suits. It mandates plaintiffs to include all claims arising from...

Applicability: This section, Section 57, Schedule III, applies to the wills of Hindus. Scope: The effect and scope of this section is that when a bequest is immediate but payment is postpone...

The Indian judiciary operates under a well-defined hierarchy that ensures an organized and efficient system of law enforcement and justice. This hierarchy is structured in a manner that allows ...

We know that when one or more person want to start a business , eighter he starts his business separately at his own individual capacity or he he carry on his business with other person. When a...

The Indian Contract Act, 1872, lays down the foundational principles governing contracts in India. A valid contract is a legally enforceable agreement between two or more parties. The essent...

The doctrine of laches is based on the Latin maxim "Vigilantibus Et Non Dormientibus Jura Subveniunt" which means that the law assists only those who are vigilant, and not those who sleep over ...

"Tareekh Pe Tareekh…..Tareekh Pe Tareekh" is the ultimate depiction by bollywood when it comes to the Indian Legal System. While the idea is to uphold justice for one and all, it is also true...

Under the Indian Contract Act, 1872, a contract can be declared voidable under specific conditions where the free consent of one of the parties is compromised, or other certain situations make ...

The concept of "undue influence" as per the Indian Contract Act, 1872, is an essential part of contract law that helps to ensure fairness and voluntariness in contractual dealings. Un...

For food startups in India, acquiring and downloading the FSSAI certificate download is an essential step closer to building a compliant and credible enterprise. The Food Safety and Standards A...

As an owner of property, renting the same involves risk of unpaid rents, damage to property, never-leaving tenants, etc. As a person/family, renting a property involves another set of risks, li...

When it comes to legal remedies, you do not have a lifetime to enforce them. The Limitation Act, 1963 provides a period of limitation applicable for various claims. Once you miss out on the sam...

The Recitals of Legal Necessity in the Sale Deed and Its Effect: Legal necessity to support a sale must be established by the transferee. The onus of proving legal necessity may be discharged by...

Section 62 - Joint Wills Persons may create joint wills, which, however, are revocable at any time by either of them or by the survivor. A joint will is regarded as the will of each testator ...

Order 22 of the Code of Civil Procedure, 1908 (CPC), is pivotal in addressing the implications of the death, marriage, and insolvency of parties in civil litigation in India. This article provi...