The Guardians and Wards Act, 1890 was enacted in order to primarily safeguard the rights of the minor, give him protection and to safeguard his/her property. The Act is generally valid regardless of the religion concerned with the guardianship of minors. This Act is not in contravention with personal laws. It is an addition to […]
The definition of responsibility in tort is based on the fundamental rule or presumption that, though precise provisions are absent, it is wrongful to do injury to other people. In statute, where an individual is financially and legally accountable for something, an individual is considered to be legally responsible, and the end results are the
The term ‘preventive detention’ is in contradiction with the word ‘punitive detention’. In contrast, it can be said that ‘detention’ may be of two types – punitive and preventive detention. Preventive detention means detention of a person without trial and conviction by a court but merely on suspicion of hampering public order and security. Preventive
Capacity to contract as a concept is of a particularly complex nature, considering the number of laws and precedents on it. There are three main incompetent persons to contract and minor is the main focus here. A minor’s agreement is generally void, a principle set by the Mohori Bibee case[1]. No obligation, no estoppel and
Negligence is a failure to take reasonable precautions to avoid causing any form of harm or damage to someone else. The three important essentials which make an act or omission negligence are: (a) the defendant owes a duty of reasonable care to the plaintiff, (b) Such defendant has breached his duty of care towards the
A partnership is an arrangement between two or more people to engage collectively in business operations and share its profits and liabilities. [1] Partnership is the oldest form of business model for organization constituted by more than one person. There are various types of partnerships, to classify the types of partnership; there are four major
Owing to globalization, the world is one big village and corporations are an integral part of it. They have developed at a strong pace as one of the most important organizations in the modern economy[1]. The corporations can be credited with providing everything to us from houses, food, and clothes to healthcare, employment, and insurance.
In this article the author has brought into focus, section 311 and section 313 of the Code Of Criminal Procedure, 1973 chapter XXIV while throwing light on the constitutional and jurisprudential essence of the CrPC followed by the case laws. Section 311 of CrPC gives power to the court to summon the material witness, to
The term bail is nowhere stated under this code though the word bailable offences and non-bailable offences are defined under Sec 2(a) of this code. According to Black’s Law Dictionary, bail is a process to release a person from legal custody by undertaking that he/she will have to appear at the time of the trial