Articles

October 27, 2021

Indian Democracy

Democracy, literally, rule by the people. The term democracy is being derived from a Greek word dēmokratia, which was coined from demos (“people”) and kratos (“rule”) in the middle of the 5th  century BCE to denote the political systems then existing in some Greek city-states, notably Athens. Democracy in India, as every where else, is not just about periodic elections, nor about voter turnouts, nor about…

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Rights of an accused person

Our justice system is based on one very important principle that “Let Hundred Go Unpunished, But Never Punish an Innocent Person” i.e. any person who is accused cannot be punished with to the verdict without any proper trial as the principle of innocent until proven guilty take places the person still have his rights until…

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IPR Infringement

What is Infringement? Infringement is the act by which a person not authorised to use an intellectual property, uses it, without the permission/consent of the authorised proprietor/owner/author. What constitutes infringement for one form of IP, may not constitutes infringement for another. The test for whether an IP has been infringed or not differs on the…

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Concept of absolute liability

After the Bhopal gas tragedy incident, many people lost their lives and others are suffering from fatal diseases through the generations and due to these circumstances there came an urgent need to develop a rule under strict liability so that no exception should come to the defendant to escape from the liability. In Rylands v.…

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Marital rape

“No means no” a famous line from the Bollywood movie Pink signifies the importance of consent in every relationship otherwise it is punishable by law, does it always punished by law in the case of rape yes but what about marital rape, India is one of the 36 countries that still haven’t criminalized marital rape…

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CLIMATE CHANGE

Various activities can contribute to global climate change. Temperatures can rise drastically as a result of climate change. Many diverse changes happen to earth as the temperature rises. More floods, droughts, or heavy rain, can be direct effect of this. This are followed by frequent and severe heat waves. Oceans and glaciers have also changed…

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Respondent Superior

RESPONDENT SUPERIOR The maxim Respondent superior literary means “let the principal be held responsible” This doctrine is based on the concept that the principal will be liable for the actions of his agent. Principal &Agent • Principal is one who employs another to act for him subject to his general control & instruction. • The…

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THE PROCESS OF LIQUIDATION UNDER INSOLVENCY AND BAKRUPTCY CODE,2016

The Insolvency and Bankruptcy Code ,2016 (IBC) was hailed as a revolutionary legislation in the sphere of Corporate Insolvency . In a bid to strengthen and  solidifying  the existing   Insolvency Resolution framework ,  the IBC’s main focus is geared towards revitalizing and reinforcing sick business enterprises . Perhaps the most welcoming feature of this legislation can be…

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Specific performance of a contract

Specific performance means the execution of a contract as made; the actual performance of a contract by the party bound to fulfil it. Hals bury defines ‘Specific performance as ” an equitable relief given by the court in case of breach of contract . in the form of Judgement that the defendant has to do.”…

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