In fixing liability under tort, malice is generally considered as an important factor. The word malice means spite, ill- will hatred, evil motive etc. Such malice is generally known as express malice or actual malice or malice in fact. It indicates the bad motive of a person in doing a particular act to cause evil…
View detailsThe law relating to consumer protection is not an innovation of the modern times. The people of ancient times were also aware of the need for protection of consumer interests. Regulations against adulterated food and false weights and measures are said to have prevailed in ancient times. For example: Old Testament, the code of Hamurabi,…
View detailsProtection of Human Rights “Human Rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforced by Courts. “International Covenants” means the International Covenants on civil and political rights and the International Covenant on economic, social and cultural rights adopted…
View detailsWhile adjudicating a case, the court has to consider questions of both law and fact involved in the case. 1) Question of law (1) Question of a law is a question as to what the law on a point is.Eg: What is the period of limitation of a particular suit? The law on this point…
View detailsINTRODUCTION In modern economies taxes are the most important source of governmental revenue. A tax is a compulsory payment to the government by the subjects without expectation of definite return or benefit to the tax payer. As per Adam Smith, “The taxes which, it is intended, should fall indifferently upon every different species of revenue,…
View detailsINTRODUCTION IP rights subsists with those works which are produced by theintellect of a human.It can be literary work, musical work, inventions, etc. It is an intangible form of property. No one can make use of IP without the consent of the owner. The main objective of IP law is to protect their rights of…
View detailsINTRODUCTION: A trademark is a form of intellectual property that typically consists of a recognized mark, design, or another type of expression that distinguishes a product or service from those of others. When we think about protecting a trademark at the national or regional level, it can be obtained by filing an application for registration…
View detailsIntroduction To AdulteryThe word ‘adultery’ is derived from the latin word ‘adulterium’. The ideology behind this word is similar to ‘adulteration’ which means ‘the action of making something poorer in quality by the addition of another substance’. Adulteration in any sense and in any thing is always regarded as harmful. Adulteration in food or drugs…
View detailsINTRODUCTION The term ‘confession’ is nowhere defined in the Evidence Act. The word appears for the first in section 24 of the Act. The definition of the confession is given under section 17 becomes applicable to confession also. As the section comes under the heading of the admission it is clear that is merely one…
View detailsIntroduction A decree is one of the most frequently heard terms in Civil Matters. The adjudication of a court of law is divided into decree and orders. In this article, are going to discuss the decree. The term “decree” has been defined under section 2(2) of the Code of Civil Procedure, 1908. The decree is a…
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