Since the drafting of Prevention of Communal and Targeted Violence (Access to Justice and Reparation) Bill, 2011, it has come under the light of dispute along with its opposition from various political parties and legal scholars. Recently, it was termed by some political leaders as a threat to the N...
Blogs by The Legal Junction
“Lease” is a word which everyone is aware of, and hears it day in and day out while dealing the transactions related to immovable property. Lease can be defined as the right to enjoy an immovable property for a certain period of time, in consideration of a price paid by the person getting possession...
By- Sagnik Chatterjee The term ‘agent’ is often inappropriately used when the legal relationship entered into by parties is not that of ‘agency’ but that of distributorship and franchise arrangements. In legal terminology a difference exists as to the role of an agent, a franchisee and a distributor...
Article 14 of the Indian Constitution states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” It is quite evident from that this provision keeps every person on equal footing. The provision can be broken into par...
According to Black’s Law Dictionary, term dowry can be defined as the property which a woman brings to her husband in marriage, or the effects which the wife brings to the husband to support the expenses of marriage . Webster dictionary defines “Dowry” as the money, goods, or estate that a woman bri...
Right of redemption is the right which every mortgagor possess, which is created by virtue of the mortgage deed. This right is considered to be inalienable, and cannot be taken away from a mortgagor by means of any contract to the contrary. According to Black’s Law Dictionary, term “redemption” can ...
By - Harshita Jhunjhunwala Psychiatric injury as per the Oxford Law Dictionary is defined as “A recognized psychiatric disorder caused by sudden shock”, when we look at it with regard to tortious claims, psychiatric injury may arise, as result of another’s negligence or may be an effect of a traumat...
By- Abhinav Thakur Positivism is something which is morality neutral and based on empiricism (experiment and observation). It was the reaction to the vagueness of Natural law. So Austin was the important theorist from positivist law. He was the founder monist sovereignty who believes in the rule of ...
The take of the Supreme Court in the recent case Rangammal v. Kuppuswami and Ors. CIVIL APPEAL NO. 562 OF 2003 that burden of proof lies on the person who first asserts the fact, and not on the one who denies that fact to be true. The responsibility of the defendant to prove a fact to be true would ...
Recent judgment delivered by Justice T.S. Thakur, on behalf of himself and Justice V.S. Sirpukar of Supreme Court in ** Ruchi Majoo v. Sanjeev Majoo CRIMINAL APPEAL NO. 1184 OF 2011 **stated that the jurisdiction of a court is not barred in cases involving child custody and removal of the by a paren...
The Right to information Act, 2005 (“the Act”), which came fully into effect on 12 October, 2005,is one of the most significant legislation enacted by the Parliament of India. The Act enables the establishment of an unprecedented regime of right to information for the citizens of the country. It ove...
By - Abhinav Thakur The rationale of what the American term product liability is to allocate within the chain of distribution any loss caused by using a defective product, presumably with the following inter-related objectives; a) To achieve the optimum balance between the interests of the person in...
Recent developments in the Indian Legal system pertaining to the issues relating to “Rarest of rare crimes” have shown the credibility and activeness of the Indian Judiciary. Two judgments, one relating to the issue of “Honour Killings” and another relating to the issue of “Fake Encounters” Both of ...
By- Roopali Adlakha The term ‘Whistleblower’ is a comparatively recent addition to our lexicon. It traces its origin to the post-Watergate era USA. It emerged after the trials and tribulations of Daniel Ellsberg, the man who “blew the whistle” on the ‘Pentagon Papers’. His Indian counterpart who bro...