Category: Legal Articles

Communis Opinio

Author: Siddharth Shankar Singh Rajiv Gandhi National University of Law MEANING Translated as “Common Opinion” or the “Opinion of the Majority”, it could be seen as another term for a famous legal maxim – “Communis Error Facit Jus”. It is used as the generally held view of the masses. It says that if there’s a

RES IPSA LOQUITUR AND NERVOUS SHOCK

AUTHOR: NISHTHA MAHAJAN, UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY, CHANDIGARH RES IPSA LOQUITUR INTRODUCTION Res Ipsa Loquitur is a Latin phrase whose precise meaning is “the thing speaks for itself”. It is a doctrine in Anglo-American common law and Roman-Dutch law that states that in any tort or civil lawsuit, the court can elucidate

Restitutio in Integrum

Author : Aeshita Marwah, University of Petroleum & Energy Sciences. Restitutio ad integrum or restitutio in integrum is a Latin term which means restoration to original condition. It is one of the fundamental guiding concepts for damages in negligence claims under common law. It also refers to a form of recourse in European patent law accessible

Causa Mortis

Author: Anisha Tak, Rajiv Gandhi National University of Law, Punjab Meaning Causa Mortis means in contemplation of approaching death. There is a requirement in contemplation of death that the apprehension of death must be based on some disease or sickness which is in existence at the present, the physical condition of the person, advancing of

Consuetudo ex certa causa rationabili usitata privat communem legem

Author: Rishi Tibrewal, Damodaram Sanjivayya National Law University Meaning: The literal meaning of the maxim ‘Consuetudo ex certa causa rationabili usitata privat communem legem’ is, a custom founded on a certain and reasonable ground supersedes the common law.[1] Explanation: A custom is an ongoing pattern of behavior which may be viewed as setting the standard

Unveiling the Dynamic Relationship between Law and Social Justice: Combating Racial Discrimination

Author Name-Shreya Manoga Author’s Bio-Student of BALLB(Hons),2nd year, University of Petroleum and Energy studies “Racial discrimination is a violation of human rights and acts as a barrier to social progress and equality. Our collective responsibility is to challenge and dismantle systemic racism, ensuring that every individual is afforded dignity, respect, and equal opportunities.” Introduction The article

Avoidable transactions in IBC

Avoidable transactions in IBC Author: Mr. Anand Shelke is a 5th year B.A.LL.B (Hons) student at Sandip University in Nashik Introduction: The Insolvency and Bankruptcy code was a major reform in the Indian capitalism market. The IBC shifts debtor is control to creditor in control. The objective of the code is to recovery of debt

ChatGPT and Copyright: Legal Issues and Challenges with AI-Generated Content

Mansi Rathi, 5th-year, Institute of Law Nirma University The talk of the town, the brain-child of OpenAI, yes you guessed it right, ChatGPT. The new buzz is built on the GPT (Generative Pre-trained Transformer) architecture, a deep learning model that creates text that resembles human speech via unsupervised learning. It can read and produce natural

Crime Against Women In India

Article by Shivya Malhotra, UPES, B.Com. LLB(Hons.) , Year- 2nd Abstract The main objective of this article is to analyse the crime which entails various violations against women. Crime Against Women is a public health hazard. A deep analysis is made on Crime against women which will be helpful in understanding the depth of the problem

F.I.R: The First Report

Article by Mahak Sharma- B.COM LLB- UPES Abstract Before the Trial and the examination, Police need to be very clear that an offence is established. The information is being given to the Police Officer, a person approaches and give points of the offence. In general is called First Information Report(F.I.R) and is embedded in section

The Role of Provisions in Ensuring the Maintenance of Public Order and Tranquility: A LEGAL ANALYSIS

BY: KANIKA SHARMA, 50093096, BCOM LLB, 2nd year “Peace is not the absence of conflict, but the ability to manage conflict by peaceful means.” – Ronald Reagan The requirement for the proper working of a society is the maintenance of public order and tranquillity. It is a kind of safety, security and peace which a

Case Comment on HARVEY v. FACEY

COURT: Privy Council of Jamaica APPELANT: Harvey & Othrs. RESPONDENT: Facey & Othrs. CITATION: (1893) AC 552 BENCH: The Lord Chancellor, Lord Watson, Lord Hobhouse, Lord Macnaghten, Lord Morris, Lord Shand. [Delivered by Lord Morris] INTRODUCTION[1]: It is a significant case in the domain of the law of contract. It is an example of a