Rights of the Arrested Person

The Right to Keep SilentIt means that courts or courts generally should not conclude that a person is guilty or not committing a crime because he or she did not answer questions asked by a police officer or a court. In a report by the Malimath Justice Committee it was stated that the right to...

CONCEPT OF DELEGATED LEGISLATION

MEANING Delegated legislation means the making of laws which are outside the legislature. It is mostly brought out as rules, regulations, orders, byelaws, directions or schemes. When an authority practicing power is given by the legislature makes a tool of a legislative kind, it is known as delegated legislation or subordinate legislation. According to Salmond,...

CONCEPT OF STRICT AND ABSOLUTE LIABILITY

Strict Liability The principle of strict liability emerged in the case of Rylands v Fletcher. In the year 1868, a strict liability stated that anyone keeping dangerous items on their premises would be prosecuted if those items fled the area and caused any damage. According to the facts of the case, X had a mill...

SALIENT FEATURES OF THE INDIAN CONSTITUTION

The Constitution of India is one of the finest constitutions in the world. This Constitution was drafted by the Constituent Assembly under the Cabinet mission plan. This Constituent Assembly has been in operation from 26 November 1946. That is why every year we celebrate Constitution Day on 26 November. It took 2 years, 11 months...

DIFFERENCE BETWEEN INDEMNITY AND GUARANTEE

Definition of Indemnity A form of contingent contract, in which one party promises the other party that it will compensate for the loss or damage caused by the conduct of the first party or another person, is known as a contract of indemnity. The number of parties to the contract is two, one promising to...

RIGHTS OF AN UNPAID SELLER

Rights against Buyer 1- Suit for the price Where any goods are transferred to the buyer and the buyer negligently or refuses to pay in terms of the terms and conditions of the contract, the seller may sue him in terms of Section 55 (1) because once the goods have been transferred the buyer will...

DISSOLUTION OF PARTNERSHIP FIRM

The dissolution of the partnership firm is said to be dissolving when relationships between partners are terminated. In the event of dissolution, the firm ceases to exist. The dissolution process includes the disposal of the asset and the debts are paid. The firm ceases all its activities and no partner has a relationship with other...

DOCTRINE OF CONSTRUCTIVE NOTICE

The constructive notice is a legal entity that will have that information or should be known, as a reasonable person is unaware of any legal action taken or will be taken, even if they have no real or actual information about it. This doctrine is often interpreted in relation to published legal notices. It can...

DOCTRINE OF INDOOR MANAGEMENT

The doctrine of Indoor management differs from the original doctrine of constructive notice. It is important to know that the doctrine of constructive notice doesn’t allow any of the outsiders to be aware of the company's internal affairs. Therefore, if the Memorandum of Association authorizes any act, an outsider may assume that all the detailed...

Non-cognizable Offences

A Non-cognizable offence is an offence written under the first edition of the Indian Penal Code and is bailable in nature. If there is a Non-cognizable offence, the police cannot arrest the accused without permission and they cannot start an investigation without the court's permission. Cases of fraud, cheating, defamation, public nuisance, etc., fall into...

What are Cognizable Offences?

A cognizable offence is a crime in which a police officer in terms of the original plan or under any other law during the period in force, may serve a sentence without a warrant and may initiate an investigation without the consent of the court. Cognizable offences are usually more serious or environmental in nature...

TAX IN INDIA AND ITS TYPES

To run the nation wisely, the government needs to collect taxes from the people; paying taxes to the local government is an important part of everyone's life, no matter where we live in the world. Now, taxes can be collected in any form such as state taxes, central government taxes, direct taxes, indirect taxes, and...

The Doctrine of Ultra Vires

The doctrine of Ultra Vires is a fundamental law of Company Law. It states that the company's assets, as defined in its Memorandum of Association, may be removed from the extent permitted by law only. Therefore, if a company commits an act, or enters into an agreement beyond the control of the directors and /...

DAYABHAGA AND MITAKSHARA SCHOOL OF LAW

Dayabhaga School of Law Dayabhaga is an inheritance law based on the principle of spiritual prosperity. It was built with the goal of eliminating irrational practices related to property inheritance. Dayabhaga is a well-known Hindu religion practiced mainly practised in West Bengal, Assam, Jharkhand and Odisha. The Dayabhaga is believed to have been written between...

NEGLIGENCE IN TORT LAW

Negligence is a civil tort that occurs when a person violates a duty of care that he or she owes to another person as a result of which the other person suffers severely or suffers a certain legal injury. In layman's terms, negligence can be defined as failure to be released or failure to act...

NEGOTIABLE INSTRUMENT AND ITS TYPES

Negotiable instruments are written contracts in which their profits can be transferred from its original owner to a new owner. In other words, the Negotiable instruments are documents that promise to pay to the recipient (the person to whom it is given) or to the specified person. These instruments are transferable signed documents that promise...

BAILABLE AND NON-BAILABLE OFFENCES

BailThe term Bail is not defined in the Code of Criminal Procedure, basically Bail is an agreement in which the accused makes the written statement before the court in which it is written that he can appear before the court whenever it is required and comply with any conditions set out in the agreement.Bailable OffencesBailable...

DOCTRINE OF FEEDING THE GRANT BY ESTOPPEL

The doctrine of feeding the grant by estoppel is based on the concept of 'nemo dat quod nonhabet which means that no one can give to another, who does not have one'. Section 43 of the Transfer of Property Act stipulates that “if a person fraudulently or wrongly assumes that he or she is authorized...

TRANSFER OF PROPERTY BY OSTENSIBLE OWNER

The doctrine of the transfer of property by a ostensible owner is no different from that of 'nemo dat quod non habet' which means that no one can give more rights than the property he owns. Article 41 protects innocent parties from third party fraudulent activities. Loss resulting from such action will befall the person...

MOVABLE AND IMMOVABLE PROPERTY

GOODSThe definition of the “Goods” is defined in Article 366(12) of the Indian Constitution, it says that Goods includes all the materials, commodities and articles. It defines that only movable items which can be traded from one place to other place will fall within the definition of the term “Goods” MOVABLE PROPERTYMovable property means any...