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June 11, 2024/

The Doctrine of Added Peril is a nuanced legal concept that plays a pivotal role in the realm of labor law, particularly within the context of worker compensation claims. This doctrine serves as a critical defense mechanism for employers, delineating the boundaries of their liability in cases where an employee sustains injuries during…

April 29, 2024/

The Golden Rule of Interpretation stands as a beacon guiding the judiciary through the labyrinth of statutory language. As judges grapple with the intricacies of legal texts, this rule illuminates their path, allowing them to decipher legislative intent and ensure justice prevails. In this comprehensive article, we delve into the nuances of the Golden Rule,…

Grounds for divorce in India

April 9, 2024/

Divorce is a legal process that marks the end of a marriage, and in India, it is governed by various personal laws related to different religions. Under the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs, there are several grounds for divorce. Here’s a comprehensive look at these grounds:…

March 13, 2024/

Section 6 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the classes of criminal courts in India, which are established in addition to the High Courts and other courts formed under different laws. The section specifies the following classes of criminal courts within each state: Courts of Session: These are the highest…

CONSTITUTIONALISM

February 28, 2024/

Constitutionalism, a cornerstone of democratic governance, is more than the mere existence of a constitution. It is a philosophy that ensures individual freedoms take precedence and prevents the state from encroaching upon citizens’ liberty. It emphasizes a “Limited Government,” recognizing the need for government while insisting on restraining its power. The essence of…

The Preamble to the Constitution of India: An Elaboration

February 18, 2024/

The Constitution of India is the highest legal authority in the country. It lays down the basic framework of the Indian political system, the structure and functions of the government, the rights and duties of the citizens, and the principles of governance. The Constitution of India is the longest written constitution in the…

Rule of Law

February 17, 2024/

The Rule of Law, a cornerstone of democratic governance and civilization, is deeply embedded in the fabric of India’s Constitution. This principle, though not explicitly mentioned in the Constitution, has been affirmed by the Indian judiciary as a fundamental part of its basic structure. The Rule of Law, a product of English jurisprudence…

The Lotus Case Summary (France vs Turkey)

February 15, 2024/

The Court: Permanent Court of International Justice, Contentious Case Year of decision: 1927. Link to the case: ICJ website This article discusses a legal dispute between the governments of France and Turkey stemming from a ship collision in 1926. The collision involved the French vessel Lotus and the Turkish ship Boz-Kourt. Unable to resolve…

Interpleader Suit – CPC (ORDER- XXXV)

February 10, 2024/

The interpleader suit is based on the Interpleader Doctrine, which evolved in Britain. It allows a person facing conflicting claims to seek a determination of liability to one or several claimants. What is an Interpleader Suit? An interpleader suit is a legal proceeding that arises when a person (the plaintiff) faces conflicting claims…

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