A criminal act is referred to as an actus reus in Latin. Every crime must be broken down into two parts: the physical act of the crime (actus reus) and the mental intent to do the crime (intent to commit the crime) (mens rea). To demonstrate actus reus, a lawyer must show that the accused…
Malicious Prosecution is defined as the proceedings of judicial which are institutes by one person against the other person from any of the wrong or improper motive for any probable cause which sustains it. Malicious prosecution is a remedy for any baseless malicious claims. It is not limited to criminal prosecutions, but can also target…
According to Sir John Salmond, “liability is the bond of necessity that exists between the wrongdoer and the remedy of the wrong”. A man’s liability consists of things which he must do or suffer because he has failed to do what he ought to have done. Criminal liability arises in case of an offence that…
Social wrongdoings are fundamentally the violations that look to be put inside the setting of culture or under its head. We know as of late; there has been a spate of honor killings that has stunned the country. An “honor killing” is a homicide submitted against a person for genuine or saw “corrupt” conduct that…
One such arrangement manages the Magistrate’s forces to force limitations on the non-public freedoms of individuals, regardless of whether in an explicit section or in a surpassing town itself, where matters can make distress or risk harmony and quietness in such a section, as a result of specific debates. In a word, Section 144 presents…
Marriage is considered a sacred relation in Indian community. But sometimes people demand dowry from the family of the bride. And if the demand of the husband or his family is not fulfilled a sense of revenge occurs in their mind. Dowry basically means transfer of cash or gifts or parental property from bride’s family…
The term ‘Cyber Defamation’ basically means publishing of false statement about an individual in cyberspace that can injure or demean the reputation of that individual. In India, defamation can be contemplated as both civil and criminal offence, and thus legal remedies are provided to the victims by the Indian judiciary system.Defamation can be understood as…
A Negligent person is liable for the injury. But sometimes plaintiff himself contributes Negligence or when he has by his own Negligence contributed to the damages occasioned by the Negligence of the defendant. In case of Contributory negligence both plaintiff and defendant are Negligent. Butterfield vs. Forester The defendant has put a pale across the…
Ours is a democracy which means that it is by the people, of the people and for the people. Constitution locates power that resides in the people. It is the people’s power for people’s benefit. Constitution creates rights and duties. All most all our demands get converted into rights-even our feelings, emotions is governed by…
Death of one of the parties – the common law maxim is action personalis moritur cum persona which means a person’s right of action dies with the person. At common law, if an injury were done either to the person or property of another, for which damages only could be recovered in satisfaction, the action…
