Month: June 2020

JUDGEMENT OF COURT OF JUSTICE WHEN RELEVANT Author: Santoshi karasi INTRODUCTION Generally, the term “Judgement” is referred to as an opinion or decision. Simply, in other words, a judgement is the adjudication of the matter in dispute by the court. In a legal sense, Judgement is defined under Section 2(9) of the Civil Procedural Code

Apple V. Samsung Author: Santoshi karasi 2010: Apple had warned Samsung saying that it believes that the Korean company is infringing upon Apple patents. 2011: The patent battle started in 2011 when Apple alleged Samsung of “slavishly” copying the iPhone design. Samsung then countered the allegation by suing Apple accusing the company of infringing Samsung’s software patents. This went on

BURDEN OF PROOF AND ONUS OF PROOF Author: Santoshi Karasi INTRODUCTION The Courts require the evidence in order to make a judgement on the facts of any case and the burden to prove the existence of such fact generally lies on the party who has provided the evidence. The Law relating to Burden of proof

Doctrine of pith and substance Auhtor: Poulomi Sen, RGSOIPL, IIT Kharagpur Introduction The doctrine of Pith and substance is an age-old legal doctrine firmly ingrained in the jurisprudence of the Indian constitution. The concept was first acknowledged in the Canadian Constitution and it has been subsequently borrowed by the framers of the Indian Constitution. First and

THE HINDU MARRIAGE ACT, 1955: A GENERAL ANALYSIS ON GROUNDS FOR DIVORCE Author: Adv. Pragyata Singh INTRODUCTION Marriage is a sacrament which we can find in every religion with different customs. Marriage being a sacramental union was an inviolable and immutable union and thus even death did not dissolve the marriage, this is according to

Author: Himanshu Gupta THE  CONTROVERSIAL ORDER That Government Of National Capital Territory Of Delhi, Department of Health and Family Welfare, GNCTD invoking powers under the Epidemic Diseases Act, 1897 and Delhi Epidemic Diseases, COVID-19 Regulations, 2020 issued order that came even as the city’s borders were set to be reopened from 08.06.2020, In view of

Vishakhapatnam gas leak tragedy: Is it an absolute or strict liability? Author: Aayushi Raghuwanshi In amidst of lockdown, where hundreds of individuals are dying on a daily basis, a deadly gas leakage left the whole nation shocked, the question of civil liability arose not only on the LG Polymers where this gas was leaked but

ILIJLM (Indian Legal Solution International Journal of Law and Management) is an e-journal having ISSN: 2582-3655  The team is currently working in the field of Free Legal Assistance and for students providing the platform for law students to represent themselves. To provide students with a better platform, they are aiming for e-journal. The journal aims to

Human rights and Fundamental rights in the era of COVID 19 Author: Shreya Dargad The world-changing virus COVID-19 which is also coined as Corona Virus is shifting the whole lifestyle of people all around the globe. Its origin can be traced back in the city of Wuhan from China, which is quite controversial. COVID-19 has

MIGRANT WORKERS PLIGHT Author: Harshada Gupta “Walking thousands of miles: to live or to die?” Imagine being in a pathetic condition under this lockdown: eagerly waiting to reach your hometown, walking thousands of miles barefooted, no clean drinking water, no food, no shelter, and with no money. This is what, in reality, faced by those

Author: Ms. Prachi INTRODUCTION There are two kinds of remedies in tort: judicial and non-judicial. Judicial Remedies are acquired through courts of law; whereas extra-judicial remedies are obtained through self-help. Extrajudicial remedies are (a) abatement of nuisance, (b) reception of goods, (c) distress damage feasant, (d) expulsion of the trespasser, and (e) re-entry on land.

CfP: Indian Legal Solution Journal of criminal and constitutional Law [ISSN: 2581-8465, Vol 2, Issue 3]: Submit by June, 30th. About: ILSJCCL (Indian Legal Solution Journal of Criminal and Constitutional Law) is an e-journal having ISSN: 2581-8465  The team is currently working in the field of Free Legal Assistance and for students providing them a platform

About CPLRI Centre for Policy and Legal Research in India (CPLRI) is an organization established to analyze the politico-legal issues of India in unison. CPLRI aims to establish and scrutinize a cause-effect relationship between the two. CPLRI also aims to train young legal brains through introducing various academic development programs organized by the Centre which

Presumption of Spurious Paternity Author: Adv. Apoorva, Patna High Court “Maternity is a fact while paternity is a surmise” This statement proves the irony of our Indian legal system. It assumes that the maternity of a child is a positive proof while paternity has to be made out of various inferences and circumstantial evidence. S.112