The Supreme Court of India, in its timeless wisdom, has often articulated principles that guide the justice delivery system in a democratic society. The idea of the judiciary as a truth-seeker finds its roots in ancient legal systems. In India, the judicial system is heavily influenced by principles of natural justice and the rule of law. Courts are not mere arbiters of disputes but are institutions vested with the power to unravel the truth behind conflicting claims. The Supreme Court....
Read MoreProtection Against Unlawful Dispossession Section 6 of the Specific Relief Act 1963 provides that if someone is removed from immovable property without their consent and not following the legal process, they have the right to file a suit to recover possession of the property. This right applies even if the person filing the suit does not hold ownership or another title to the property; possession alone is sufficient to claim recovery. Additionally, this right extends to anyone who was in....
Read MoreThe doctrine of privity of contract is a principle of common law that states only the parties involved in a contract can enforce its terms or sue each other for breach. Outsiders, or strangers to the contract, cannot impose obligations or claim benefits, even if the contract was made for their benefit. This rule is based on the “interest theory,” which means only those directly interested in the contract are legally entitled to protect their rights under it. Indian Law....
Read MoreWhat is Lis-Pendens? The term “lis-pendens” originates from Latin, where “lis” means “litigation” and “pendens” means “pending.” Essentially, it refers to ongoing litigation. The doctrine is summarized in the maxim, “pendent lite nihil innovature,” meaning nothing new should be introduced during the litigation process. Section 52 of the Transfer of Property Act, 1882 codifies this doctrine to prevent property transfers while a lawsuit is pending. The goal is to protect the finality of the court's decision and uphold public policy.....
Read MoreWhat is the Doctrine of Frustration? The doctrine of frustration is explained in Section 56 of the Indian Contract Act, 1872. It states that if an act, required by a contract, becomes unlawful or impossible to perform due to unforeseen circumstances, and the person responsible cannot prevent it, then the contract becomes void. Origin of the Doctrine The idea comes from Roman law. In Roman times, if something essential to the contract was destroyed without the fault of the person....
Read MoreDefinition of Consideration: Section 2(d) of the Indian Contract Act, 1872 defines consideration as an act, abstinence, or promise made by the promisee or any other person at the request of the promisor. This act, abstinence, or promise serves as the return or value for the performance of the contract. In simple terms, consideration is the benefit or return that is promised in exchange for fulfilling a contract. Blackstone’s Definition: Renowned jurist Blackstone described consideration as the “recompense” or value....
Read MoreA summons is a legal document issued by a court under its seal and the signature of the presiding judge, directing a person to appear in connection with a legal proceeding. Sections 27-29 and Order V of the Civil Procedure Code, 1908, outline the procedure for serving summons on defendants and respondents in civil cases, while Order XVI governs the service of summons to witnesses in legal proceedings. Procedure when defendant refuses to accept service, or cannot be found- Rule....
Read MoreIntroduction The term “caveat,” derived from Latin, means “let a person beware.” In legal terms, it refers to a formal notice filed to ensure that no action is taken without first informing the person who submitted the notice. In civil law, the rules regarding caveats are covered under Section 148A of the Civil Procedure Code 1908. Essentials of Section 148A of Civil Procedure Code 1908 Right to Lodge a Caveat Any person who expects or knows of an application being....
Read MoreIntroduction Section 5 of the Limitation Act, 1963, offers a provision for extending the prescribed period of limitation in specific circumstances, enabling the court to condone delays. This section is applicable exclusively to cases involving appeals and applications. It explicitly excludes- Applications filed under any provisions of Order XXI of the Code of Civil Procedure, 1908, and Suits. The pivotal criterion for invoking this provision is that the appellant or applicant must demonstrate “sufficient cause” for not filing the appeal....
Read MoreThe Supreme Court of India has agreed to entertain an appeal filed by K. Shahul Hameed, a teacher from Kerala who was dismissed from service for protesting against his school management. A bench comprising Justices Abhay S. Oka and Augustine George Masih criticized Hameed’s actions, emphasizing the importance of discipline, particularly for someone in his position as an educator. The Court remarked that a teacher responsible for enforcing discipline among students must demonstrate discipline themselves, highlighting his misconduct of protesting....
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