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What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
Pleadings are written statements in civil cases outlining facts, claims, and defenses. They help clarify issues, guide the court, and ensure transparency, forming the basis for an organized and fair trial.
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lex-o-pedia
What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
lex-o-pedia
What is parentage and legitimacy under Muslim law?
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Supreme Court Upholds UP Madarsa Act, Overturns Allahabad HC Ruling, Rules It Does Not Violate Secularism
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Matrimony Site Ordered to Pay '60k as Compensation' for Failing to Deliver Promised Matchmaking Services
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Supreme Court Upholds UP Madarsa Act, Overturns Allahabad HC Ruling, Rules It Does Not Violate Secularism
On Nov 5, the Supreme Court upheld the UP Madarsa Education Act, overturning the Allahabad HC’s ruling on secularism grounds but struck down provisions conflicting with the UGC Act, affirming minority education rights.
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Matrimony Site Ordered to Pay '60k as Compensation' for Failing to Deliver Promised Matchmaking Services
The District Consumer Forum in Bengaluru ordered Dilmil Matrimony to pay ₹60,000 to a man for failing to find a match for his son, citing deficiency in service and unfair trade practices by the site.
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SCBA Condemns Lathi Charge on Lawyers in Ghaziabad Court, Calls for Judicial Inquiry
The Supreme Court Bar Association (SCBA) has strongly condemned the recent lathi charge against advocates at the Ghaziabad District Court, allegedly directed by District Judge Anil Kumar-X. SCBA passed a resolution demanding accountability, including an inquiry into the judge’s actions, punishment f
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Allahabad HC Criticizes Convictions of Innocent Accused to Safeguard Career Prospects of Judges
The Allahabad High Court recently highlighted a troubling trend where trial court judges convict innocent accused in heinous crimes, fearing repercussions from higher courts. Noting the unimplemented recommendations of the Law Commission’s 277th Report on wrongful prosecution, the Court expressed co
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Spousal Privacy Is Inviolable, Trust Must Be the Foundation of Marriage: Madras High Court
The Madras High Court has declared that the fundamental right to privacy extends to spousal relationships, rejecting evidence obtained through snooping by one spouse on the other. Justice GR Swaminathan emphasized that trust and privacy are essential in marriage, ruling that evidence gathered throug
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Supreme Court Bar Association Demands Action for Lathi Charge on Ghaziabad Lawyers
The Supreme Court Bar Association (SCBA) has condemned the recent lathi charge against lawyers at the Ghaziabad District Court in Uttar Pradesh, allegedly ordered by District Judge Anil Kumar-X. In a resolution, SCBA demanded an inquiry into the judge’s conduct and immediate action from the Allahaba
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South Africa Submits 750 pages Extensive Evidence to ICJ Against Israel Alleging Genocide in Gaza
South Africa has submitted a detailed 750-page memorial to the International Court of Justice (ICJ), accusing Israel of violating the 1948 Genocide Convention in its ongoing war on Gaza. The evidence, filed on 16 May 2024, alleges genocidal acts and intent by Israel, accompanied by over 4,000 pages
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Calcutta High Court Denies Ban on Animal Sacrifice During Bolla Kali Puja, Emphasizes Regional Diversity
The Calcutta High Court recently declined to impose a ban on animal sacrifices during Bolla Kali Puja, citing the need to consider regional differences in religious practices. The bench, hearing a plea by the Akhil Bharatiya Go Sevak Sangh, stated that defining “essential religious practices” requir
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The Shame is Not Ours, It’s Theirs” – Gisèle Pelicot’s Mass Rape Battle Redefines France’s Fight Against Rape Culture
The trial of Dominique Pelicot, accused of orchestrating the mass rape of his wife, Gisèle Pelicot, has sparked unprecedented debates on consent and legal reform in France. As hearings continue in Avignon, Gisèle has become a symbol of resilience, challenging rape culture and demanding change. With
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Case Study: Sulochana Amma v. Narayanan Nair
In Sulochana Amma v. Narayanan Nair (1994), the Supreme Court upheld the application of res judicata to injunction decrees from courts with limited pecuniary jurisdiction. The case involved property rights and multiple suits following the alienation of a life estate. The Court ruled that once a comp
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Case Study: Nanchand Gangaram v. Malappa Mahalingappa
In Nanchand Gangaram v. Malappa Mahalingappa (AIR 1976 SC 835), the Supreme Court held that Section 45 of the Indian Partnership Act does not apply to Hindu Joint Families, as these are based on status, not contract. The court emphasized that a Karta’s acknowledgment of debt cannot extend the statut
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Case Study: Gherulal Parakh v. Mahadeodas Maiya
In Gherulal Parakh v. Mahadeodas Maiya (AIR 1959 SC 781), the Supreme Court of India held that while wagering contracts are void under Section 30 of the Indian Contract Act, they are not illegal under Section 23. The court ruled that partnerships formed for wagering purposes are not unlawful, as wag
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Case Study: Y. Narasimha Rao and Ors v. Y. Venkata Lakshmi and Ors
In Y. Narasimha Rao and Ors v. Y. Venkata Lakshmi and Ors (1991), the Supreme Court of India ruled that a foreign court’s decree dissolving a marriage is unenforceable if it lacks jurisdiction under Indian law. The Missouri court’s divorce decree, based on “irretrievable breakdown of marriage,” was
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Case Study: Balvant N. Viswamitra and Ors. v. Yadav Sadashiv Mule (Dead) through Lrs. and Ors.
In Balvant N. Viswamitra and Ors. v. Yadav Sadashiv Mule (Dead) through Lrs. and Ors., the Supreme Court of India held that a decree passed by a court of competent jurisdiction is not void, even if erroneous, unless the court lacks jurisdiction over the subject matter or the parties. The High Court’
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Case Study: Addanki Narayanappa and Ors. v. Bhaskara Krishtappa and Ors.
In Addanki Narayanappa and Ors. v. Bhaskara Krishtappa and Ors. (1966), the Supreme Court of India clarified that a partner’s interest in a firm during its existence is not specific to any particular asset, whether movable or immovable. Partners have no claim over specific properties but only to a s
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Case Study: Satya v. Teja Singh
“Indian courts are not bound to recognize foreign divorce decrees
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Case Study: In Re: The Berubari Union and Exchange of Enclaves
In In Re: The Berubari Union and Exchange of Enclaves (1960), the Supreme Court of India held that ceding Indian territory to a foreign state, even for settling boundary disputes, requires a constitutional amendment under Article 368. The Court clarified that such cessions cannot be made under Artic
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Case Study: International Woolen Mills v. Standard Wool (U.K.) Ltd.
In International Woolen Mills v. Standard Wool (U.K.) Ltd., the Supreme Court of India held that a foreign decree cannot be enforced in India if it is not passed on merits or violates principles of natural justice. The case involved an ex parte decree by a UK court, which lacked substantive examinat
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Understanding Anuradha Bhasin v. Union of India: The Kashmir Internet Shut-down case
This case also boiled around to discover as to what is more important, liberty or security? And to strike a balance between liberty and security issues to an extent that fundamental rights are secured and enjoyed in the most appropriate way.
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नंगे राष्ट्र का कानून
– बेरहम देश में महिलाओ के खिलाफ अपराध बहुत बढ़
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Australia passes the Draconian ‘Surveillance Bill’
The post-Internet age has seen a clash between the Privacy
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Dalit Horrors Remembrance Day: Commemorating the weeks into 75th Independence Day
Vandana Katariya.
The Indian prodigy, who was India’s top goal scorer in 2013 Junior World Cup. The Hockey India’s Player of the Year 2014. Got us Silver at Asian Champion Trophy 2018, and becoming the Player of the Tournament Award.
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Principle of Non-Retroactivity of Penal Statues: A Fundamental Human Right?
Introduction The deep-rooted antipathy towards retrospective laws is an ancient
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Making Sense of the RTI and its 2019 Amendment: A paradigm for ‘Swarth Rajya’
This right is not expressly mentioned in the Indian Constitution but can be derived from Article 19 and 21 respectively.
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Advocates (Amendment) Bill, 2017: Parody or Necessity?
INTRODUCTION Since Independence and even before that, advocates held a
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Khaki Mafia: Torture, Impunity and Indolence
The National Campaign Against Torture (NCAT) in its “India: Annual Report on Torture 2019” reported that a total of 1,731 persons died in custody during 2019, i.e. death of about five persons daily.[13] Out of which 1,606 deaths were reported in judicial custody and 125 deaths in police custody.
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Dr. Ambedkar on Marxist Idea of Religion
– Shivani Chauhan, Mohammad Adil Ansari Introduction When we look
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Legal Maxim: De minimis non curat lex
“De minimis non curat lex,” a Latin maxim meaning “The law does not concern itself with trifles,” signifies that courts should not waste time on minor, insignificant matters. Originating from Roman law, this principle is reflected in Section 95 of the Indian Penal Code, which prevents penalizing tri
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Legal Maxim: Suppressio Veri or Suggestio Falsi
The legal maxim “suppressio veri or suggestio falsi” signifies that the suppression of truth is equivalent to the suggestion of falsehood. This principle holds that if either the omission of relevant facts or the presentation of false information regarding a material fact in a contract can be proven
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Legal Maxim: Noscitur a Sociis
The legal maxim “Noscitur a Sociis” means “it is known by its associates.” This doctrine asserts that the meaning of an unclear word in a statute or contract should be determined by the words surrounding it. It emphasizes context, ensuring the interpretation aligns with the document’s overall intent
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Glossary: Nemo Debet Esse Judex In Propria Sua Causa
“Nemo debet esse judex in propria sua causa” is a Latin legal maxim meaning “no one should be a judge in their own cause.” This principle ensures fairness and impartiality in legal proceedings by preventing conflicts of interest. It upholds the integrity of the judicial system by guaranteeing that d
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Glossary: Allegans Contraria Non Est Audiendus
“Allegans contraria non est audiendus,” a Latin legal maxim, translates to “a person alleging contradictory facts is not to be heard.” This principle emphasizes consistency in legal arguments, asserting that one cannot present conflicting statements or claims within the same case. It is fundamental
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Vakalatnama
A Vakalatnama is a legal document authorizing an advocate to represent a client in a court of law. It grants the lawyer the power to act on behalf of the client, including filing suits, attending hearings, and signing pleadings. Typically, the client signs the Vakalatnama, and it is submitted to the
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Legal Maxim: Actori Incumbit Onus Probandi
Actori Incumbit Onus Probandi, a Latin legal maxim, means “the burden of proof lies on the plaintiff.” The burden of proof requires the plaintiff to establish the facts of the case to the requisite standard of proof, typically “beyond a reasonable doubt” in criminal cases and “preponderance of evide
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Legal Maxim: Expressio Unius Est Exclusio Alterius
xpressio Unius Est Exclusio Alterius is a legal maxim meaning “the expression of one thing is the exclusion of another.” It is used in statutory interpretation to infer that if a law explicitly mentions certain items, other items not mentioned are excluded.
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Glossary: Volenti Non Fit Injuria
Volenti non fit injuria is a latin maxim which means “to a willing person, it’s not a wrong”. It implies that if someone willingly puts themselves in a position where harm might occur, they cannot later sue for any resulting damages. This doctrine is often used as a defence in personal injury cases
lex-o-pedia
lex-o-pedia
lex-o-pedia
What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
Pleadings are written statements in civil cases outlining facts, claims, and defenses. They help clarify issues, guide the court, and ensure transparency, forming the basis for an organized and fair trial.
lex-o-pedia
What is parentage and legitimacy under Muslim law?
Under Muslim law, parentage defines legal rights for children, focusing on legitimacy established through lawful marriage. Maternity is clear-cut, while paternity and legitimacy hinge on valid wedlock.
lex-o-pedia
How are the constitution, procedure, and objectives of the Central Consumer Protection Council defined?
The Central Consumer Protection Council (CCPC) in India safeguards consumer rights, promotes fair practices, and advises on policies. It fosters consumer safety, education, and ethical business practices nationwide.
lex-o-pedia
What is the difference between intra-territorial and extra-territorial jurisdiction of Indian criminal law?
This article analyzes intra-territorial and extra-territorial jurisdiction under the Indian Penal Code, detailing their definitions, applications, differences, and recent changes in the Bhartiya Nyaya Sanhita 2023.
lex-o-pedia
What are types of Divorce under Muslim Law?
Talak in Muslim law includes express, implied, delegated, constructive, Khula, Mubara'at, and judicial divorce, offering various grounds and processes for dissolution.
lex-o-pedia
What are Moral Rights under Copyright Law?
Moral rights in copyright law, rooted in French “droit moral,” ensure that authors retain rights to protect the integrity and authorship of their work beyond economic rights, as highlighted in the Indian Copyright Act, 1957 (Section 57). Indian law aligns with international standards, including the
lex-o-pedia
What is Idea-Expression dichotomy under copyright law?
The idea-expression dichotomy in copyright law protects only the specific expression of an idea, not the idea itself. This balance, upheld in cases like Baker v. Selden, fosters creativity by allowing creators to safeguard their work without monopolizing concepts.
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What is the Legal Framework for Acceptance of Deposits by Non-Banking Companies?
The acceptance of deposits by non-banking companies in India is regulated to protect depositor interests and uphold financial stability. Governed by the Companies Act, 2013, and the Companies (Acceptance of Deposits) Rules, 2014, these regulations set stringent conditions, such as limits on deposit
lex-o-pedia
What are the different Schools of Muslim Law?
Following the death of Prophet Muhammad, differences over leadership led to the formation of Sunni and Shia sects, each developing distinct schools of law within Islam. The Sunni sect comprises four main schools—Hanafi, Maliki, Shafi’i, and Hanbali—while the Shia sect includes Ithna Ashari, Ismaili,