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Ubi jus ibi remedium

November 28, 2020

Meaning: This legal maxim means where there is right, there is remedy. Details: The legal maxim Ubi jus ibi remedium means that no right exists without a remedy. It is a law of Tort. In a leading case of Ashby v. White, the Court propounded that no right can exist in absence of remedy. Under […]

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Ex trupi causa non oritur actio

November 23, 2020

Meaning: This legal maxim means right of action will not arise from a base cause. Details: Ex trupi causa non oritur actio is a legal maxim derived from a Latin term. It means that a base cause will not result in a right of action. Thus, an illegal contract is generally unenforceable. In a leading […]

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Ex nudo pacto non oritur actio

November 20, 2020

Meaning: This legal maxim means “no cause of action arises from a bare promise”. Details: The legal maxim Ex nudo pacto non oritur actio relates to the enforceability of agreement/contract. Any contract without consideration is void. In the context of this maxim, consideration means price. In the words of Pollock- “Consideration is the price for […]

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Issues in Enforcement of Competition Law

November 15, 2020

ISUEES IN ENFFORCEMENT OF COMPETITION LAW Author: Akshat Tripathi, NMIMS, School Law, Mumbai. Introduction A recognition that the new Monopolistic and Discriminatory Trading Practices Act, 1969 (‘MRTP Act’) was not sufficiently prepared to handle the competitive side of the Indian economy acquired traction in the aftermath of liberalization and privatization that was sparked in India […]

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Nemo dat quod non habet

November 12, 2020

Meaning: This legal maxim means “no one can transfer better title than he himself has”. Details: The legal maxim “Nemo dat quod non habet” means “no one can transfer better title than he himself has” and it is applied as a rule in sale of goods. The maxim of “caveat emptor”, which means buyer beware […]

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Ignorantia Legis semi nem excusat

November 9, 2020

Meaning: This legal maxim means “ignorance of law is no excuse”. Details: The legal Maxim Ignorantia Legis semi nem excusat imposes that ignorance of the law is no excuse. When a person commits a mistake, he can take the mistake of fact as a defense but he cannot take an excuse of the mistake of […]

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Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC

November 6, 2020

“A person belonging to an upper-caste can’t be deprived of exercising their legal rights just because their opponent happens to be a member of the SC/ST community”, the bench led by Justice L. Nageswara Rao observed this while quashing a part of the charge sheet against a person accused under Section 3(1)(x) and 3(1) of […]

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Attempt to commit suicide is punishable or not?

November 4, 2020

ATTEMPT TO COMMIT SUICIDE IS PUNISHBALE OR NOT Author: Akshat Tripathi, NMIMS, School Law, Mumbai. Introduction Interestingly, in the Indian Penal Code, the word ‘suicide’ is not specified. However, a brief reference of Clift v. Schwabe provides an appropriate meaning of this word, “to ‘commit suicide’ is for a person willingly do an act, for […]

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E Contracts

November 1, 2020

Electronic Contracts & its Legal Scenario Authors: Saurav Malhotra & Prachi Dembla, Symbiosis Law School, Noida. INTRODUCTION Today, the internet has revolutionized the way of communication among different people around the world and in addition to this, the internet has also changed the way of doing business, a new kind of trade has been created […]

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Felo de se

October 31, 2020

Meaning: The legal maxim “Felo de se” denotes “a felon as to himself” which means a person who commits suicide. Details: Felon to himself denotes a person who commits suicide. Under Section 306 of the Indian Penal Code, 1860, it is an offense to abet to commit suicide in India. Also, Under Section 309 of […]

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Fake Encounters

October 29, 2020

Author: Aanchal K Golecha Introduction According to the Oxford Dictionary, an encounter is defined as a violent incident in which a suspected criminal is killed by a member of the police, especially under controversial circumstances. Encounters are a grave violation of Human Rights and portray the pitiful state of our criminal justice system. The recent […]

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Abortion Laws in India

October 28, 2020

ABORTION LAWS IN INDIA: AN OVERVIEW Author: Aanchal Golecha, SLCU Introduction “The decision whether or not to bear a child is central to a woman’s life, to her well-being and dignity. It is a decision she must make for herself” Ruth Bader Ginsburg The Oxford Dictionary defines abortion as “the deliberate ending of a pregnancy […]

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Role of WTO in Dispute Resolution

October 26, 2020

WORLD TRADE ORGANISATION IN DISPUTE RESOLUTION SYSTEM Author: Khushi Paliwal, Mohanlal Sukhadia University INTRODUCTION The World Trade Organization (WTO) is the largest economic organization at the international level whose sole focus is on trading activities and its rules and regulations between the nations of the world. It was officially commenced 25 years ago on 1 […]

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Facta Probantia

October 26, 2020

Meaning: The legal maxim “Facta Probantia” means the evidentiary fact or fact related to the issue. Details: Fact Probantia or evidentiary fact means fact given in evidence, its intention is to prove those other facts which are in issue. It may be used to prove documents, testimony, other things, admissible hearsay, other evidentiary facts

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How to check case status in India? Full Step by Step Guide.

October 26, 2020

HOW TO CHECK CASE STATUS IN INDIA??? Author: Aishani Pattanaik, Symbiosis Law School, Hyderabad. “Case Status” denotes the latest position of a legal case Sub judice before any court of law. The case status of a legal matter can be either “pending” or “disposed”.  With the advent of technology, the world has become a global […]

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