Thursday, January 11, 2018

Culpable homicide is the first kind unlawful homicide. Section 299, IPC defines Culpable homicide simpliciter. The scheme of the Penal Code is that first the genus of culpable homicide is defined and then Murder (Section 300) which is species of culpable homicide. Whil...

Wednesday, January 10, 2018

A nuisance may be caused by negligence, and there may be cases in which the same act will support an action of either kind, but, generally speaking these two classes of actions are distinct, and the evidence necessary to support them is different. Nuisance is no branch...

Saturday, July 15, 2017

The Shastric Hindu Law looked at adoption more as a sacramental than secular act. Some judges think that the object of adoption is two fold:


to secure one’s performance of one’s funeral rites and 2) to preserve the continuance of one’s lineage[1]. Hindus believed that...

Sunday, July 9, 2017

Different kinds of damages. Damages may be of four kinds:

1. Ordinary or General or Compensatory damages (i.e., damages arising naturally from the breach).

2. Special damages (i.e., damages in contemplation of the parties at the time of contract).

3. Exemplary, Punitive o...

Thursday, July 6, 2017

Simply stated the rule of strict liability makes the defendant liable for accidental harms caused without any intentions and negligence on part. In other words, sometimes the law recognizes ‘no fault’ liability. The undertakes of hazardous or dangerous activities have...

Thursday, July 6, 2017

“The rule Ryland and Fletcher evolved the 19th at the time when all these development of science and technology had not taken place…. We have to evolve new principles ad lay down new norms which would adequately deal with the new problems which arise in highly industri...

Tuesday, July 4, 2017

Nationality is important in the context of State Responsibility.

A State Responsibility. A State may only espouse a claim against another State on behalf of one of its nationals. International law lays down no definition of nationality, as the granting of nationality is...

Tuesday, July 4, 2017

Divorce under Hindu Marriage Act

Under the old Hindu laws, divorce was viewed as forbidden and was not talked about as freely as it is spoken out today, but with the codification of the laws the provision of divorce were laid down The provision of “Divorce” has been dea...

Sunday, July 2, 2017

Rylands v Fletcher [1868] UKHL 1 was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal s...

Saturday, July 1, 2017

As we have seen, the term “procedure established by law” is used directly in the Indian constitution. Due Process of Law has much wider significance, but it is not explicitly mentioned in Indian Constitution. The due process doctrine is followed in the United States of...

Friday, June 30, 2017

Remedies for torts are of two kinds: Judicial and Extra Judicial. Judicial remedies are those which are afforded by the act of law, viz.


(1) awarding of damages: (2) granting of injunction; and (3) restitution of property.

Extra-Judicial remedies are those which are ava...

Wednesday, June 28, 2017

IPC 378: Section 378 of the Indian Penal Code


Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’ consent, moves that property in order to such taking, is said to commit theft.


Explanations
1. A thing so...

Wednesday, June 28, 2017

Rights of Surety


1. Rights against the Creditor


a. Right to securities :
The surety is entitled to demand from the creditor, at the time of payment, all the securities which the creditor may have against the principal debtor. Creditor must handover to the surety the se...

Wednesday, June 28, 2017

Section 383 IPC,1860.

Section 383 of IPC defines ‘extortion’ whereas Section 384 IPC is the Penal Section for extortion, a person is punishable for extortion if he puts any person in fear of injury and thereby dishonestly induces him to deliver any property whereas Sect...

Wednesday, June 28, 2017

Criminal Intention is the highest form of blameworthiness of mind or mens rea. Intention occupies a symbolic place in criminal law. As the highest form of mental element it applies to murder and the gravest form of crimes in criminal justice system.

The term ‘intention’...

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