In the study of law, the intent behind every crime committed is taken into consideration. Before deriving at the conclusion of the person accused, situation and the surrounding of the person affecting their state of mind is dissected. For this, the clear understanding of the Latin terms actus reus and mens rea is necessary to…
Malicious prosecution consists in instituting unsuccessful criminal proceedings maliciously and reasonable and probable cause. When malicious prosecution through criminal proceedings causes actual damage to the party prosecuted, it is a tort for which he can bring an action. Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its…
CONTINGENT CONTRACT Introduction The word contingent means when an event or situation is contingent, i.e. it depends on some other event or fact. for example, making money is contingent on finding a good-paying job. Now, the ‘contingent contract’ means enforceability of that contract is directly dependent upon the happening or not happening of an event.…
INTRODUCTION: Preceding Independence, the Indian Civil Service (ICS) was the senior most among the Services of the Crown in India. Other than the ICS, there was likewise the Indian Police Service. After Independence, it was felt that however the ICS was a tradition of the royal time frame, there was need for the All-India Services…
JURISDICTION UNDER CODE OF CIVIL PROCEDURE The word jurisdiction is not defined under the code of civil procedure. The term jurisdiction is derived from Latin words Juris meaning law and dicta meaning speech. So, the terms mean I speak by the law. Jurisdiction means the authority to decide. Jurisdiction implies mainly two things- Jurisdiction over…
Introduction Pollution affects health of around 8.8 million lives worldwide and leads to millions premature deaths every year as pollutants enter human’s bloodstream that weakens their respiratory system and that makes human body vulnerable to many diseases. On an average, life span of people in China, Pakistan and India is shortened by 3.9 years due to air pollution, and in European countries it is shortened by 8 months. According to…
A sport shoe may be covered by a number of IP rights like the patents which protect the inventions used to create the shoe, the designs protect the shoe’s “look”, while the Copyright covers all artwork and audio-visual works used to publicize the shoe. In addition, Trademarks differentiate the shoe from similar items and preserve…
Introduction Introduction to the specific relief Act is a must before jumping into a range of topics provided. Having a legacy of distinction, earlier through the 1877 Act & then through the 1963 Act, the legislature endeavoured to grant the equitable justification & widen the justice imparting powers of the court. This institution of justice…
Section-84 of the Indian Penal Code deals with the act of a person of unsound mind wherein it states that “Nothing is an offence which is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he…
Mere silence is not acceptance If the offeree fails to respond to an offer made to him, his silence can not be confused with acceptance. But, there is an exception to this rule. It is stated that, within 3 weeks of the date on which the offer is made, the non-acceptance shall be communicated to…
