Found 1005 Articles for Legal Studies

Suits by Indigent Persons: Meaning and Significance

Mukesh Kumar
Updated on 06-Mar-2023 14:55:40

10K+ Views

Any person who has a right or an interest in the subject matter of the dispute may file a civil suit to claim that right or interest. However, such a person is required to pay court fees to the court for the adjudication of his rights. The court fee is determined by the value of the subject matter in dispute. There may be cases in which a parson has a substantial interest in the suit property, but he does not have the means to pay for the court fees. In that case, how would he be able to file his ... Read More

Stay Order: Meaning and Application

Mukesh Kumar
Updated on 06-Mar-2023 14:39:31

4K+ Views

The court has a duty to do complete justice in a dispute; therefore, in order to accomplish this goal, the subject matter of the dispute must be preserved until the final decision in the suit is made. So if it is proved before the court by the plaintiff that the defendant is going to dispose of the suit property or is doing such activity in relation to the suit property that if it is permitted then the suit property will be destroyed forever and no justice can be done thereafter, the court may, on being satisfied that such circumstances exist ... Read More

Decree: Meaning and Types

Mukesh Kumar
Updated on 06-Mar-2023 14:32:28

12K+ Views

We are all very familiar with the term "judgment, " “decree, ” and “order.” In all cases, whether civil or criminal, adjudicated by the court, a judgment is pronounced by the judge at the end of the case. In civil cases, however, in addition to the judgment, the court prepares a concise written order that precisely states the overall effects of the judgment on the parties to the suit and, more specifically, what the winning party achieves. What is Decree? A decree is a document prepared by the court at the end of a civil suit after judgment has been ... Read More

Bar to Jurisdiction: Meaning and Types

Mukesh Kumar
Updated on 06-Mar-2023 14:20:30

1K+ Views

The civil court has the power to try and decide every matter of a civil nature unless it is expressly barred by the express provision of the law. Apart from the statutory bar, there are other reasons, such as the expiry of the limitation period, the pendency of another suit on the same cause of action, and a previous decision of the court on the same subject matter, which restrict the court from accepting the suit for trial and adjudication. Legal Provisions under the Code of Civil Procedure The jurisdiction of the civil court to try and adjudicate a civil ... Read More

Protecting Hologram Trademark in India

Mukesh Kumar
Updated on 22-Feb-2023 11:46:04

260 Views

Holograms may be found on a variety of products or on various things that are sold in the market. For example, holograms are used on a variety of different credit cards, tickets, and other items, and there is a security hologram on the Indian currency. What is Hologram? A hologram is a three-dimensional image, which is usually created by using laser technology. It is created by the interference of laser light beams and captures the appearance of an object from multiple angles that allow the image to appear three-dimensional when viewed from certain angles or even on 2D paper. ... Read More

Who are Competent to Contract?

Mukesh Kumar
Updated on 22-Feb-2023 11:39:50

4K+ Views

Both parties to a contract need to have the mental capacity to carry out the terms of the agreement for the contract to be regarded as legally binding. If either party to the contract lacks the necessary level of expertise, the agreement may be deemed null and void or inapplicable. What does Exactly ‘Competent to Contract’ Define? Section 11 of Indian Contract Act, 1872, defines competent to contract as: “Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is ... Read More

Defences to the Tort of Negligence

Mukesh Kumar
Updated on 22-Feb-2023 11:36:48

373 Views

In the instance of "affirmative defenses, " when the defendant receives a favorable decision even when all the elements of the tort that the plaintiff alleges were committed against him are present, defense can also be employed in a tighter sense. What is Meaning of Defence? In a simple English language, the defence means an act of defending or protecting oneself, or someone else or something against attack or criticism. Likewise, in context of tort law, a "defense" refers to an argument presented by the defendant or his or her legal representative in a lawsuit, which excuses or ... Read More

Confession: Meaning and Types

Mukesh Kumar
Updated on 22-Feb-2023 12:39:08

3K+ Views

A confession in Indian legal system is believed as a crucial and important evidence that can be used to establish guilt in a criminal case. But confession in itself is rarely admissible in the court unless, it is recorded as per the provisions defined under the evidence act. For example, confessions made under duress, coercion, or undue influence are not considered to be voluntary and therefore, are not admissible as evidence. A valid confession must be given voluntarily by the accused and must not have been obtained by any form of inducement, threat, or promise. Meaning of ... Read More

Conditions and Warranties

Mukesh Kumar
Updated on 22-Feb-2023 11:28:51

1K+ Views

Modern times are characterized by highly developed industries, trade, and technology. It resembles a technological and industrial revolution age. The technology of the twentieth century and the twenty-first century are vastly different, and people nowadays are more drawn to electronic devices. However, very few people care to read all the paperwork and the terms, including the warranty card, when they buy a product. And if we receive a product that is defective or lacking, we would lose our claim due to incomplete or missing paperwork, making it impossible to make a warranty claim. So, this article explains and analyses the ... Read More

Communication when Complete: Indian Contract Act

Mukesh Kumar
Updated on 22-Feb-2023 11:25:17

260 Views

Communication is one of the most essential elements in personal life as well as in professional life. Likewise, in context of a legal agreement or contract, some message must be exchanged between the two parties, if both the parties agree harmoniously, then agreement will form. What is Communication? Communication, technically, is the process through which an individual conveys an information, ideas, thoughts, feelings, and emotions with other individuals or groups. It can be performed through speech, writing, sign language, or other media. It helps people share their perspectives, convey messages, build understanding with one another, and assists in building business ... Read More

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