National Memorial Writing Competition

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Warm and Pleasant Greetings from Law Zest!We’re pleased to announce our first edition of National Memorial Writing Competition.About the CompetitionMemorial Making is a process which involves skills of exhaustive research and intricate learning of laws, cases and real life experiences. It assists you towards logical thinking and analyzation. It involves looking towards loose ends in […]

CONSEQUENCES OF BREACH OF CONTRACT

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INTRODUCTION The term Contract means an agreement between the two or more parties which is enforceable by law. In other words there are two parties involved where one party that is seller sell a good to another party that is buyer in exchange of consideration. Here consideration refers to money or anything which is specified […]

THE NATURE OF MUSLIM MARRIAGES FROM CONTRACTUAL DIVERSITY TO RELIGIOUS UNIFORMITY IN INDIA

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ABSTRACT This work explains the status of contractual Marriage and sacramental Marriage. According to majority of Jurists stipulations in Marriage contract are valid or invalid. Valid Marriage fulfils are the prescribed conditions of a valid Marriage, which are being mentioned in the Muslim Personal Law. If a Marriage is performed and any of the prescribed […]

DAMNUM SINE INJURIA

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MEANING: Damage without injury EXPLANATION: this maximum deals with two terms ‘damage’ and ‘injuria’. Injury refers to the legal injury i.e. infringement of any legal right of the plaintiff and damage is not coupled with violation of any legal right of plaintiff. so in case of injury the legal remedies available but not in case […]

DE MINIMIS NON CURAT LES

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MEANING: The law does not concerns itself with trifles. EXPLANATION:this is a common law principle whereby judges will not sit in judgement of extremely minor transgressions. According to this principle a reasonable or prudent man will not initiate judicial proceedings for insignificant trivial issues. The Doctrine is applied by the courts when the issue of […]

CONCEPT OF DIVORCE IN MOHAMMEDAN LAW

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INTRODUCTION Among almost all the nations of antiquity, divorce was regarded as a natural corollary or marital rights. Roman, Herbews etc. all had divorce in one form or the other form. Even though the provision of divorce was recognized in all religions. Islam is perhaps the first religion in the world which has expressly recognized […]

Padmanabhaswamy Temple Judgement: Death of the King does not affect the Shebaitship

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A few days back this judgement took a lot of limelight as this has been one of the most awaited decision since years. It started  after independence when there occurred a merger of Cochin & Travancore which was the result of the covenant signed by the then ruler Sree Chithira Thirunal Balrama Varma  in May […]

Boni judicis lites dirimere est

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MEANING: It is the duty of a good judge to prevent litigation. EXPLANATION: The Latin maxim here refers to the duty of a good judge to get the case settled that should be settled easily and to avoid needless litigation. The attempt of the court must always be to minimize litigation rather than maximizing it. Also, it […]

BONAFIDE

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MEANING: in good faith, without any malicious intent. EXPLANATION: Bonafide refers to a quality of authenticity or genuineness. Also,acting without the intention of defrauding. It signifies honesty, the real thing and that something has been made or done in good faith without any attempt to deceive anyone. For E.g. when we say Bonafide purchaser, it means a […]

Conditions For a Valid Hindu Marriage and Divorce under Hindu Marriage Act.

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Introduction Hindu Marriage Act got commenced on 18th May 1955. It is applicable to all Hindus living in India and outside the territory of India. Hindu is not defined in the act but it states who is the person on whom the act applies. Central Bank of India v/s Ram Narain – In this case, […]

Rule of Absolute liability

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Introduction Indian law system derives a lot of its substance from the English law system but with certain certain consideration of Indian circumstances. Earlier Indian legal system only considered the doctrine of strict liability. As world started progressing and scientific development started happening, different countries adopted the principle of absolute liability . After the landmark […]

Communication, Acceptance and revocation in Contract Act, 1872

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Introduction The Indian Contract Act is one of the oldest mercantile laws of our country. It is the main law which regulates contracts in India. Indian Contract Act gives contractual rights to the citizens of India. It gives rights, duties and obligations to the parties of the contract to help them to conclude the business […]