Any right to privacy must encompass and protect the personal intimacies of the home, the family, marriage, motherhood, procreation and child rearing. This catalogue approach to the question is obviously not as instructive as it does not give analytical picture of the distinctive characteristics of the right of privacy.
Penal Code, 1860—Sections 499 and 500-Freedom of press vis-a-vis the right to privacy of the citizens of this country-once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others.
One well-known exception is that the doctrine cannot impart finality to an erroneous decision on the jurisdiction of a Court. Likewise, an erroneous judgment on a question of law, which sanctions something […]
An issue which the appellants might and ought to have asserted in the earlier round of proceedings is deemed to have been directly and substantially in issue. The High Court was, in this view of the matter, entirely justified in coming to the conclusion that the failure of the appellants to raise a claim would result in the application of the principle of constructive res judicata both having regard to the provisions of Sections 4 and 5 of the Act of 1958 and to the provisions of Order XXI Rules 97 to 101 of the CPC.
OFFICE OF THE DISTRICT GOVERNMENT PLEADER AND PUBLIC PROSECUTOR, i. The particulars of the Office, Functions and Duties- Office of the District Government Pleader and Public Prosecutor, Yavatmal. The Government Pleader is […]
March 2020 Edition Federal Rules of Civil Procedure[FRCP] govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be […]
Criminal Procedure Code, 1973—Section 195—Court—Meaning of—Order of discharge passed by the Magistrate—Taking of cognizance by the Magistrate is not necessary to regard him as a Court.
The Maharashtra Police Act, 1951 Bombay Act No. 22 of 1951 An Act to consolidate and amend the law for the regulation of the Police Force in the State of Bombay Whereas, […]
Concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A).
The right of pre-emption is not a right to the thing sold but a right to the offer of a thing about to be sold. This right is called the primary or inherent right.
Second appeal- Pre-emption-whether a right of pre-emption was available to Beni Prasad who is alleged to be a joint owner in possession of the disputed courtyard. This has arisen in the context of the Rajasthan Pre-emption Act 1961.
While deciding the welfare of the child, it is not the view of one spouse alone which has to be taken into consideration. The Courts should decide the issue of custody on a paramount consideration which is in the best interest of the child who is the victim in the custody battle.
Even where the Family Courts are not functioning, the objects and principles underlying the constitution of these Courts can be kept in view by the civil Courts trying matrimonial causes.
The question is whether the manufacturer of an article of drink sold by him to a distributor, in circumstances which prevent the distributor or the ultimate purchaser or consumer from discovering by inspection any defect, is under any legal duty to the ultimate purchaser or consumer to take reasonable care that the article is free from defect likely to cause injury to health.
The word “nuisance” is difficult to define precisely. It has been said to be protean when questions are raised as to the conduct which may give rise to liability. But the underlying principles, which distinguish the tort of nuisance from the tort of negligence for example, are I think capable of reasonably precise definition in the light of the authorities.
whether under the common law of New Zealand awards of exemplary damages in cases of negligence are, or should be, restricted to cases of intentional wrongdoing or conscious recklessness.
f a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril. If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Competition act, 2002—Sections 16(1), 4, 6, 3, 26, 29 and 19—competition Commission of India (General) Regulations, 2009—Regulations 30(2), 18(2), 35 and 17(2)—U.P. Imposition of Ceiling of Land Holdings act, 1960—Section 9(2)—Constitution of India, 1950—Article 14.
A true profession, both in idea and as a matter of history, is a learned profession. An unlearned profession is a contradiction in terms. Learning, the pursuit of a learned art is one of the things which distinguishes a profession from a calling or vocation or occupation. Professions are learned not only from the nature of the art professed but because they have historically a cultural, an ideal side which furthers the effective exercise of that art.
The scope of jurisprudence among Muslims; the earliest elements in it, Arab custom, Jewish law, personality of Muhammad; his attitude toward law; elements after death of Muhammad; Qur’an, Usage of the Prophet, common law of al-Madina; conception of Sunna before Muhammad and after; traditions and their transmission; traditions in book form; influence of Umayyads; forgery of traditions; the Muwatta of Malik ibn Anas; the Musnad of Ahmad ibn Hanbal; the musannafs; al-Bukhari; Muslim; Ibn Maja; at-Tirmidhi; an-Nasa’i; al-Baghawi; the problem of the Muslim lawyers; their sources; Roman law; the influence of the doctrine of the Responsa prudentium; Opinion in Islam; the Law of Nature or Equity in Islam; istihsan; istislah; Analogy; the patriarchal period in Islam; the Umayyad period; the growth of the canon law.