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Lawyersclubindia Articles


Injunctions And Their Kinds

  Ruchitha Bafna    22 January 2022 at 13:27

KEY TAKEAWAY An injunction is a legal process in which someone who has infringed or threatened to infringe on another's rights is barred from continuing or initiating the wrongful act. An injunction is an order against a person, in which restrain ..


Posted in Others |   3544 Views


Succession Of Hindu Females

  Anila Sabu   22 January 2022 at 13:27

KEYTAKE AWAYS It is under the sections 14 to 16 in The Hindu Succession Act, 1956 where matters related to the succession of property of Hindu females is delt with. Inherited property of a Hindu female dying issueless and intestate goes back to the s ..


Posted in Others  3 comments |   1523 Views


Medical Records Cannot Be Summoned To Prove Adultery Of The Wife; Would Destroy Doctor Patient Confidentiality

  Mansha Kathuria   22 January 2022 at 12:32

KEY TAKEAWAYS Adultery is now seen as a civil wrong that has been decriminalized, although it was formerly regarded as a criminal offence. Adultery was earlier penalized under Section 497 of the Indian Penal Code, making it a criminal offence. Joseph ..


Posted in Others  2 comments |   1254 Views


Res Ipsa Loquitur And Negligence In Torts

  Ruchitha Bafna    21 January 2022 at 10:50

KEY TAKEAWAYS Negligence is the failure to take the care that a person is legally obligated to do given the circumstances. There are three aspects that make up negligence: a duty to care, a breach of duty, and damages. The maxim Res Ipsa Loquitur shi ..


Posted in Others |   856 Views


The Word Impossible Used In Section 56 Of Indian Contract Act Does Not Merely Mean Physical Impossibility

  Gautam Badlani   20 January 2022 at 17:45

KEY TAKEAWAYS When the performance of the contractual obligations is rendered impossible due to circumstances which are beyond the control of the contractual parties, the doctrine of frustration of contract, envisaged under Section 56 of the Indian C ..


Posted in Others |   2316 Views


Whether Taking A Voice Sample Of The Accused Without Their Consent Violates Article 20(3) Of The Indian Constitution

  Ruchitha Bafna    20 January 2022 at 13:55

KEY TAKEAWAY • The Supreme Court held in Ritesh Sinha v. State of Uttar Pradesh (2019) that ordering an accused to provide a voice sample does not violate Article 20(3) of the Indian Constitution. • Because a court's order for an accuse ..


Posted in Others  1 comments |   2046 Views


Power of Judicial Review: A Basic Feature of Indian Constitution

  Mansha Kathuria   19 January 2022 at 15:03

KEY TAKEAWAYS Emperor v. Burah was the first case which examined judicial review in India. Landmark case of Kesavananda Bharati v. State of Kerela supports the statement that judicial review is a basic feature of the Indian Constitution. Judicial rev ..


Posted in Others  1 comments |   1940 Views


Damnum Sine Injuria Vs Injuria Sine Damnum

  Ruchitha Bafna    19 January 2022 at 10:24

KEY TAKEAWAY Damnum sine Injuria is a legal principle that refers to damages without injury or damages in which the plaintiff's legal rights have not been infringed upon. In the instance of damnum sine injuria, no action is available because no l ..


Posted in Others |   1580 Views


Plea In Bombay HC Challenges Absolute Immunity To Judges Under Judges Protection Act: Even When Justice Is Wilfully Denied

  Mansha Kathuria   18 January 2022 at 15:25

KEY TAKEAWAYS The case in reference is Sabina Yusuf Lakdawala v. State of Maharashtra & Ors (High Court of Judicature at Bombay) The matter is still pending in court hence, the ruling in this instance is not yet final. Should judges be granted fu ..


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Does Taking Daughter-In-Law’s Jewellery For Safekeeping Amount To Cruelty

  Ruchitha Bafna    18 January 2022 at 15:25

KEY TAKEAWAYS Section 498 A of the Indian Penal Code refers to a woman's husband or a relative of her husband subjecting her to cruelty. In a recent case before the Hon'ble Supreme Court, it was held that advising a wife to adjust to avoid re ..


Posted in Others  2 comments |   1521 Views