Original package On these considerations, there is really nothing else to be said on the question before us, but in view of the very great stress laid upon the American doctrine of […]
What is the Doctrine of Doctrine of pari delicto? Doctrine of pari delicto-To deny access to justice to a tenant who is, obliged to yield to the unlawful demands of the landlord […]
Res ipsa loquitur In the treaties on Medical Negligence by Michael Jones, the learned author has explained the principle of res ipsa loquitur as essentially an evidential principle and the learned […]
The doctrine of election is based on the rule of estoppel – the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppel in pais (or equitable estoppel) which is a rule in equity.
Whereby we are also led to the inevitable conclusion that a true conception of what human life should be, is possible only to the ideal man. We may make approximate estimates, but he only in whom the component feelings exist in their normal proportions is capable of a perfect aspiration. And as the world yet contains none such, it follows that a specific idea of “greatest happiness” is for the present unattainable. It is not then to be wondered at, if Paleys and Benthams make vain attempts at a definition.
The doctrine of Stare Decisis i.e. the Principle of Binding Precedent of Judgments of Superior Courts over Lower Courts, is deeply rooted in the English Common Law. The fact that the Common […]
The logic underlying the doctrine of merger is that there cannot be more than one decree or operative orders governing the same subject matter at a given point of time. When a […]
Supreme Court in the case of Indore Development Authority Vs. Shailendra (through legal representative) & Ors. reported in (2018) 3 SCC 412. 155. In several cases it is often seen that the landowners are not […]
Symbolum Nicaenum Credo in unum Deum, Patrem omnipotentem, factorem caeli et terrae,visibilium omnium et invisibilium. Et in unum Dominum Iesum Christum, Filium Dei unigenitum, et ex Patre natum ante omnia saecula. Deum […]
Waiver is an intentional relinquishment of a right. It involves conscious abandonment of an existing legal right, advantage, benefit, claim or privilege, which except for such a waiver, a party could have enjoyed. In fact, it is an agreement not to assert a right. There can be no waiver unless the person who is said to have waived, is fully informed as to his rights and with full knowledge about the same, he intentionally abandons them.
I. JUDICIAL BIAS There may be a case where allegations may be made against a Judge of having bias/prejudice at any stage of the proceedings or after the proceedings are over. There […]