In continuation with previous part this part deals with examination of validity of contract and understanding it’s types. It is important to note that the courts in India regard electronic contracts under the provisions of the Indian Evidence Act, 1872. The recognition of a contract is also given under Section 3 of the Indian Evidence…
View details“The framers of the Constitution have modified the true nature of Indian federalism by incorporating certain non-federal features in the Constitution as well. This has lent support to the contention that the Indian Constitution is federal in form but unitary in spirit.”[1] Single Citizenship: India has a dual polity with a single citizenship for the…
View detailsVicarious liability means the liability of a person for an act committed by another person and such liability arises due to the nature of the relation between the two.For e.g. A, is a driver who works for B and while driving B’s car for taking him to his office, he hits C, a pedestrian due…
View detailsIn certain countries, the Supreme Court, sometimes called a court of last resort or apex court, is the highest judicial entity within the legal system of that jurisdiction, whose decisions are not subject to further examination by another judge. Between jurisdictions, the designations for such courts may vary. Last recourse courts usually operate mainly as…
View detailsWhen a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable.Even in such cases, the defendant can avoid his liability by taking the plea of the defenses available under the law…
View detailsCourt– Supreme Court Of India Bench– M. Kania, M Venkatachaliah, S R Pandian, T Ahmadi, K singh, P Sawant, R Sahai, T.K. Thommen and B J Reddy. Appelant– Indra Sawhney Respondent– Union of India and others FACTS OF THE CASE On January 1, 1979, the Janta Party Government led by Prime Minister Shri Morarji Desai…
View detailsVirtual water is defined as the water required for the production of goods. Virtual water trade refers to the import and export of hidden water in the form of products such as crop products, textiles, machinery and livestock — all of which require water for their production. Historically, China has been a net importer of…
View detailsContributory negligence basically means ignorance from both the parties involved. If a person is driving a car without any breaks met with an accident with another person who was driving on the wrong side of the road. This results in contributory negligence. It’s a defence available to the defendant in case of contributory negligence which…
View detailsIt is the duty of the state to protects its citizens from any harm incurred. But sometimes circumstances may arise where the state aid is not available for the protection of an individual against imminent danger or harm. In such situations, an individual is vested with rights by the state to use force to fend…
View detailsRape is defined as a sexual assault, which is carried out by person against another person without their consent. And this is punishable under section 375 of Indian penal code, which states that act of sex by a man with a woman without her consent is punishable. It also states that, it is even punishable…
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