Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.
The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.KEEP READING
The doctrine of res ipsa loquitur means “the thing speaks for itself.”
Imposing a legal interpretation, this doctrine comes forth validating the admissibility of circumstantial evidence and/or secondary evidence when there’s a lack of evidence against the defendant.KEEP READING
A void marriage is no marriage. It is a marriage which does not exist from its beginning.
A voidable marriage is perfectly valid marriage so long it is not avoided. It can be avoided only on the petition of one of the parties….KEEP READING
Evidence plays an integral part in a trial as it helps in reaching a conclusion and deliver a judgement. Evidence can be oral, documentary or in electronic form. A witness can be testified on any event that he has seen or heard.
Certain communications are protected and cannot be adduced as evidence, and are known as privileged communications. Let us learn more.KEEP READING
Any act done with an intention to disrespect or tarnish the image of the court or willful disobedience to any court order, judgement or decree can be defined as contempt of court.
Our Constitution has not precisely defined contempt of court, but according to Article 129, the Supreme Court has the power to punish for its contempt. Article 215 confers comparable powers to High Courts.KEEP READING
Section 144 of the Criminal Procedure Code is a technical tool to maintain security and peace in the society.
Section 144 of CrPC is imposed in urgent cases of apprehended danger of nuisance or disturbance in peace.
It is frequently in the news. Let us look at some leading questions and confusion related to section 144 of CrPC.KEEP READING
A company is distinct from its members. It is a separate legal entity. There is, consequently, a veil between a corporation and its members, keeping them both detached from each other for better legal clarity in terms of overriding rights, duties and obligations. Nevertheless, occasionally it becomes obligatory to lift this veil, neglect the corporation’s distinct corporate entity, and discover the authenticity of the company.KEEP READING
Muslim law is a part of personal laws or family laws. It is not a codified law. People belonging to Islam are governed through shariyat. While studying, there are many terminologies and terms which are difficult to be understood. Most of the terms are in Arab, but it is not that difficult.
Important Terms in Muslim Law
1. Ayyam-e-jahiliya- It refers to the pre-Islamic era.KEEP READING
1. Single Citizenship
2. The Centre Can Change the Name And Boundaries Of States
3. Single Unified Judiciary
4. Uniquely In Emergencies
5. Common All India Services
6. Inequality Of Representation In the Council of States
7. Appointment Of Governors
8. The Office Of Comptroller and Auditor General
9. Centralized Electoral Machinery
10. Financial Dependence Of StatesKEEP READING
Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.
The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sourcesKEEP READING
This easy law note tells you about the definition of evidence and the ten types of evidence mentioned under the Indian Evidence Act, 1872.KEEP READING
A foreign judgement is a judgement that is adjudicated by a court not situated in the territory of India. This law note tells you all about it.KEEP READING
These are some of the most important law topics for all law exams.
1. Sovereignty
2. Fundamental Rights
3. Doctrine of Severability
4. Doctrine of Eclipse
5. Writs
6. Indemnity and Guarantee
7. Bailment and PledgeKEEP READING
Cooperative federalism means that there should be a mechanism for coordination between the union and the states. Institutions like the national development council, finance commission, and zonal councils have promoted cooperative federalism.
Competitive federalism is a philosophy that promotes competition between the states and the union and between the state governments.KEEP READING
New initiatives like filing cases online and seeing the dates and other case details online are designed to give voice to the voiceless.KEEP READING
In a general sense, defence means to protect from something. The right of private defence under the Indian Penal Code is a defence which a person exercises to protect one’s or other’s body and property.
The defence is available as a shield to protect and not to commute offence in the name of defence. This right is available to a person only when he has no other option than protecting himself or herself. It is not an absolute right. It also has some restrictions and limitations.KEEP READING
