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Def.
Lex-O-Pedia
Social Contract Theory
The Social Contract Theory is a foundational concept in political philosophy, developed by thinkers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. It posits that individuals originally lived in a State of Nature, governed only by natural law, where life was often insecure. To escape this
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Def.
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Leon Duguit’s concept of Social Solidarity
Léon Duguit’s concept of social solidarity emphasizes the interdependence of individuals within society, arguing that law should serve the collective needs rather than individual rights. Duguit believed that law derives its legitimacy from its ability to promote social cohesion and fulfill societal
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Def.
Lex-O-Pedia
Definition of Jurisprudence
Jurisprudence, derived from the Latin term “jurisprudentia,” means the study or knowledge of law. It encompasses various interpretations and philosophies of legal principles. John Austin defined it as the “philosophy of positive law,” focusing on existing laws, while Thomas Erskine Holland viewed it
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Def.
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H.L.A. Hart and Legal Rule
H.L.A. Hart’s legal rules theory, outlined in The Concept of Law, distinguishes between primary and secondary rules. Primary rules impose duties, while secondary rules provide the structure for recognizing, changing, and adjudicating these primary rules. Hart’s theory emphasizes the importance of a
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glossary
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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glossary
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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In Re
case-study
Case Study: Workers v. Associated Rubber Industry Ltd.
In Workers v. Associated Rubber Industry Ltd. (AIR 1986 SC 1), the Supreme Court of India held that the corporate veil could be lifted to examine the economic realities behind legal structures. Associated Rubber Industry Ltd. transferred shares to a subsidiary to evade paying higher worker bonuses.
2024 · 5 min read
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Def.
Lex-O-Pedia
Rescission of Contracts
Rescission is a contract law remedy allowing parties to nullify an agreement when its foundation is compromised, often due to fraud, coercion, mistake, or inadequate consideration. This remedy treats the contract as if it never existed, freeing parties from their obligations and restoring them to th
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glossary
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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Def.
Lex-O-Pedia
The WIPO Convention, 1967
The WIPO Convention, formally known as the “Convention Establishing the World Intellectual Property Organization,” is an international treaty administered by the World Intellectual Property Organization (WIPO). Adopted in 1967, it aims to promote and protect intellectual property (IP) rights worldwi
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In Re
case-study
Case Study: Balfour v. Balfour
The court held that agreements between spouses are generally not legally binding contracts because they lack the intention to create legal relations, as such promises are considered domestic arrangements.
2024 · 3 min read
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Def.
Lex-O-Pedia
Company Law: Serious Fraud Investigation Office
The Serious Fraud Investigation Office (SFIO) is a statutory corporate fraud investigation agency in India, under the jurisdiction of the Ministry of Corporate Affairs. It was founded in 2003 as a reaction to the rise in financial fraud cases and business frauds, including the Satyam affair. The SFI
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Def.
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Study Notes: Computation of Net Profit of a Company (Sec 198 of the Companies Act, 2013)
The easing of controls on managerial pay and the adoption of Indian Accounting Standards (Ind AS) under Section 133 of the Companies Act, 2013, question the ongoing necessity of Section 198. This viewpoint echoes the Irani Committee’s 2005 perspective that comparable provisions in the Companies Act,
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In Re
case-study
Case Study: Royal British Bank v. Turquand
This case focus around the power of directors in a joint stock company and introduced the concept of indoor management
2024 · 2 min read
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Def.
Lex-O-Pedia
Study Notes: Corporate Social Responsibility
Corporate Social Responsibility (CSR) refers to the practices and policies undertaken by corporations to have a positive impact on society. This concept involves going beyond the legal obligations of a company to consider the effects of its activities on the environment, employees, consumers, commun
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In Re
case-study
Case Study: Kapila Hingorani v. State of Bihar
In 1990s, there were many reports of starvation death and suicide in Bihar because of non payment of salaries by certain government companies to their workmen and other employers. So, a writ petition was filed based upon which court held that the employees have a human right as also a fundamental r
2024 · 6 min read
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case-study
Case Study: Salomon v. A. Salomon and Co. Ltd.
Discover the transformative legal saga of Salomon v. Salomon in our detailed analysis. Uncover how this landmark case reshaped corporate law by affirming the principle of corporate personhood and limited liability, forever altering how companies and shareholders are viewed within the legal framework
2024 · 4 min read
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case-study
Case Study: Oakbank Oil Company v. Crum
Memorandum and Articles of a company are presumed to be notice to the public.
2024 · 3 min read
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case-study
Case Study: S. Nagalingam v. Sivagami
Absence of “Saptapadi” did not invalidate the marriage.
2024 · 3 min read
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case-study
Case Study: Ruben and Anr v. Great Fingall Consolidated and Ors
A company cannot protect itself from the secretary’s fraudulent activities.
2024 · 4 min read
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case-study
Case Study: Mahony v. East Holyford Mining Co.
Outsiders dealing with the company are not to be affected by irregularities which may take place in the internal management of the company
2024 · 4 min read
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glossary
DOCTRINE OF ATTRACTIVE NUISANCE
Doctrine of Attractive Nuisance is a hazardous condition or object a person creates or permits to exist on their land that is attractive to children
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glossary
Legal Maxim: actio personalis moritur cum persona
‘actio personalis moritur cum persona’ literally means a personal right of action dies with the person.
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In Re
case-study
Case Study: Vallikannu v. R. Singaperumal and another
Wife of a disqualified heir can not claim fro inheritance of estate of her deceased father- in- law and explained that if the son cannot inherit, then the wife, who inherits through her husband, cannot claim the deceased father- in- law’s property either.
2024 · 5 min read
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