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Test of Partnership under the Indian Partnership Act, 1932
Section 27 of the Bhartiya Nyaya Sanhita, 2023, underscores that a child’s consent, particularly under 12 years of age, is invalid for legal purposes, particularly in matters of harm and sexual activities. Acts done in good faith for the benefit of children or persons of unsound mind, with the guard
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Test of Partnership under the Indian Partnership Act, 1932
Section 27 of the Bhartiya Nyaya Sanhita, 2023, underscores that a child’s consent, particularly under 12 years of age, is invalid for legal purposes, particularly in matters of harm and sexual activities. Acts done in good faith for the benefit of children or persons of unsound mind, with the guard
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Constitution, Powers and Functions of Family Courts
Family courts in India, established under the Family Courts Act, 1984, provide a specialized forum for resolving disputes related to marriage, divorce, child custody, and maintenance. Their main goal is to promote reconciliation and settlement, particularly focusing on the welfare of women and child
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The Intersection of Business Law and Trade Secrets: Navigating Legal Challenges
Trade secrets are a vital part of business law, providing companies with a competitive edge through confidential information such as formulas, processes, and customer lists. In India, trade secrets lack dedicated statutory protection but are safeguarded under the Indian Contract Act, 1872, and commo
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Privity of Contract & Privity of Consideration
The doctrines of privity of contract and privity of consideration establish who can enforce contracts and provide consideration. Privity of contract restricts rights and obligations to parties directly involved in the agreement, while third parties are generally excluded. Privity of consideration, o
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Bailor-Bailee Relationship under the Indian Contract Act, 1872
The bailor-bailee relationship, governed by the Indian Contract Act, 1872, is a legal arrangement where one party (the bailor) entrusts their goods to another (the bailee) for a specific purpose. The bailee is responsible for taking care of the goods and returning them once the purpose is fulfilled.
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Joinder of Plaintiffs
The joinder of plaintiffs under Order I Rule 1 of the Code of Civil Procedure, 1908, allows multiple parties with a common cause of action to collectively sue a defendant. This approach promotes judicial efficiency by reducing duplicative efforts and minimizing conflicting judgments. Necessary parti
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Irretrievable Breakdown of Marriage (Hindu Law)
The concept of irretrievable breakdown of marriage refers to a situation where the marriage has failed beyond repair, with no hope of reconciliation. While not explicitly recognized under the Hindu Marriage Act, 1955, Indian courts have acknowledged this principle in cases like Naveen Kohli v. Neelu
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Doctrine of Pious Obligation (Hindu Law)
The Doctrine of Pious Obligation in Hindu law mandates male descendants—sons, grandsons, and great-grandsons—to settle their ancestors’ debts, reflecting a moral duty rooted in ancient scriptures. This obligation pertains only to lawful debts, excluding those arising from immoral activities. The doc
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Concept of Possession
Possession is a fundamental concept in both law and daily life, referring to the control and use of an object, whether physically held or legally recognized. It encompasses both factual control and the intention to assert ownership or exclusive use. Legal scholars like Salmond and Savigny have provi
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Legal framework for a valid Hindu Marriage (Hindu Law)
The Hindu Marriage Act, 1955, governs Hindu marriages in India, outlining essential conditions for validity. These include monogamy, mental capacity, minimum age (21 for men, 18 for women), and prohibitions against marrying within prohibited degrees or “sapinda” relationships. The Act also recognize
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Adultery as a Legal Ground for Divorce under Hindu Law
Adultery remains a significant ground for divorce under the Hindu Marriage Act, 1955, where a spouse can seek divorce if the other engages in voluntary sexual intercourse outside the marriage. Although adultery is no longer a criminal offense following the landmark Joseph Shine v. Union of India jud
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The Role of the Karta in a Hindu Joint Family (Hindu Law)
The Karta is the manager and head of a Hindu Undivided Family (HUF), traditionally the senior-most male coparcener, responsible for managing family affairs and property. He holds significant authority over financial, legal, and social matters, representing the family externally. While the Karta’s de
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Concept of Ownership
Ownership is the legal relationship between a person and an object, granting rights enforceable against all. It includes the right to use, control, and dispose of the property. Different scholars like Austin and Holland define ownership as an indefinite right over an object, unrestricted in terms of
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Res Judicata under Code of Civil Procedure, 1908
Res judicata, defined in Section 11 of the Code of Civil Procedure, 1908, prevents the re-litigation of issues once conclusively decided by a court. It ensures finality and consistency in legal proceedings by barring subsequent cases on the same matter between the same parties. This principle promot
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Understanding Cybersquatting and Trademark Infringement: Legal Challenges and Remedies
Cybersquatting involves registering domain names similar to trademarks with the intent to profit, posing a threat to brand owners. Trademark infringement, on the other hand, is unauthorized use of a trademark, leading to consumer confusion and potential harm to the brand’s reputation. In India, the
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Limits of Specific Performance: Contracts Excluded Under the Specific Relief Act
The Specific Relief Act outlines contracts that cannot be specifically enforced. Under Section 14, contracts involving continuous duties, personal qualifications, or those that are determinable are excluded from specific performance. Section 16 further bars enforcement based on the plaintiff’s condu
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Rights and Obligations of a Patentee
A patent is a legal right that grants inventors exclusive control over their inventions for up to 20 years, allowing them to prevent others from making, using, or selling the invention. This exclusivity is intended to encourage innovation by providing financial incentives. Patentees must disclose th
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Compulsory Licensing of Patents: A Comprehensive Overview
Compulsory licensing of patents is a critical mechanism that balances patent holders’ rights with public interests, especially in India. Governed by Section 84 of the Patents Act, 1970, it allows for the issuance of licenses without the patent holder’s consent under specific conditions, such as unav
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Protection of Domain Names as a Trademark
In the digital age, domain names have emerged as vital business assets, often functioning similarly to trademarks by distinguishing a brand’s online presence. They play a key role in business strategy and goodwill. However, issues like cybersquatting, where malicious parties exploit trademarked name
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Beyond Consideration: Exploring the Key Exceptions in Section 25 of the Indian Contract Act
Section 25 of the Indian Contract Act, 1872, outlines exceptions to the general requirement of consideration in contracts. These include agreements made out of natural love and affection, compensation for past voluntary services, and promises to pay time-barred debts. While consideration is typicall
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Novation, Alteration, and Rescission of Contracts
Novation, alteration, and rescission are key concepts in contract law that enable flexibility in legal agreements. Novation allows for the replacement of parties or obligations, forming a new contract. Alteration modifies existing terms without terminating the original contract, while rescission can
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Doctrine of Frustration
The doctrine of frustration in contract law discharges parties from their obligations when unforeseen events make performance impossible or fundamentally different from what was agreed upon. Under Section 56 of the Indian Contract Act, 1872, frustration occurs when supervening events beyond the cont
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Incorporation of A Company
The incorporation of a company under the Companies Act, 2013, involves a detailed legal process that ensures compliance with Indian laws. It requires name approval, filing the Memorandum and Articles of Association, and meeting certain conditions, such as having a minimum number of directors, shareh
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Tortious Liability of Companies
Tortious liability of companies arises when a civil wrong is committed, causing harm or loss. This liability can take various forms, such as negligence, nuisance, trespass, and vicarious liability. Companies, as artificial legal entities, can be held accountable for the wrongful acts of their employ
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Dicey’s Rule of Law
Dicey’s Rule of Law emphasizes the absence of arbitrary power, equality before the law, and the predominance of legal principles. It insists that government actions must be based on established legal norms and that all individuals, including state officials, are subject to the law. Though foundation