30 Common Law Principles Ruling The Litigation Front In India

"The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope." Jennison V/s Baker, (1972) 1 All ER 997 Principle 1: "Where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute only must be availed of." In the matter of: Wolverhampton New Waterworks Co. V/s Hawkesford, (1859) 6 CB (NS) 336, Willes, J., observed that: "… There are three...

Rejection Of Plaint Under Order VII Rule 11 CPC [Explainer]

The filing of a plaint is a sine qua non for institution of a suit. It is basically a statement of claims, treated as a repository of facts by the court. Thus, every court is obligated to analyze the plaint, and decide whether it is fit to be admitted or not.Rule 11 under Order 7 of Code of Civil Procedure delineates certain grounds under which the court "shall" reject a plaint. These...

Carlill v Carbolic Smoke Ball Co : A Landmark Decision Which Came Amid An Epidemic

Placebos and fake medicines promising cures emerge whenever society is faced with epidemics. There will be elements in society, who will try to make quick money through offers of magical cures by exploiting the gullible sections in the wake of the inability of established medicinal systems to offer ready remedies to a novel disease.One such attempt by a company during the influenza epidemic...

'Force Majeure', 'Act Of God' & 'Doctrine Of Frustration' Under Indian Contract Act [Explainer]

A discussion on legal principles governing contractual obligations amid COVID-19 pandemic

Insolvency and Bankruptcy Code (Amendment) Act, 2020 : A Primer

"Recovery is incidental under the IBC. Its primary objective is rescuing companies in distress." ­­– Dr. M.S. Sahoo (Chairperson, Insolvency and Bankruptcy Board of India) The above quoted words of Dr. Sahoo from his article in the print edition of Indian Express on March 14, 2020 under the title: 'The real reform', form the underlying theme of the Insolvency and Bankruptcy...

[Explained] Homebuyers Under Insolvency & Bankruptcy Code : Evolution Of Law & Present Position

This article is an attempt to trace the origin and process as to how home buyers were brought under the umbrella of "financial creditor" given in the Insolvency and Bankruptcy Code as a creditor.Home-buyers apart from civil remedies were approaching the consumer forums under the Consumer Protection Act, 1986, subject to them proving that there was no "commercial purpose" attached to...

COVID-19 : Penal Laws For Enforcing Pandemic Protocols [Explainer]

Many states in the country have declared lockdown as a precautionary measure to curb the transmission of COVID-19 pandemic.These orders are imposed invoking the powers under Epidemic Diseases Act, 1897 and Disaster Management Act 2005. On the top of it, District Magistrates have imposed prohibitory orders under Section 144 of the Code of Criminal Procedure in several districts.In this...

Epidemic Diseases Act, 1897 : The 123 Year Old Law Invoked To Combat COVID 19 [Explainer]

The Epidemic Diseases Act, 1897 invoked by the Central and State governments to combat the impending threat of COVID-19 is a special law, empowering the government to adopt special measures and enforce stringent policies, so as to prevent the outbreak of any dangerous epidemic disease. This legislation, which empowers the government to imprison any person found to be in violation of...

COVID-19: How World Health Organization Names New Infectious Diseases?[Read Guidelines]

The peculiar official name given to the Coronavirus disease— COVID-19, stems from a lot of thought and deliberation made in light of the 2015 World Health Organization guidelines on "Best Practices for the Naming of New Human Infectious Diseases". The 2015 guidelines discourage the naming of a disease after the place of its alleged origin, causative species of animal, industry,...

International Women's Day : 30 SC Judgments On Women Empowerment

On this occasion of International Women's Day, a day dedicated to honor the accomplishment of women across the globe who fought and are still fighting for gender equality and rights, let us have a look at some of the landmark decisions of the Supreme Court on gender justice. 1. The Secretary, Ministry of Defence v. Babita Puniya & Ors. (2020)"Permanent Commission should be granted...

All You Want To Know About "Wills"

Sir John Salmond, the acknowledged authority on jurisprudence has in a statement which I consider as locus classicus said that "Inheritance is in some sort a legal and fictitious continuation of the personality of the dead man, for the representation is in some sort identified by the law with him who he represents. The rights which the dead man can no longer own or exercise in...

Landmark Judgments Of Justice Muralidhar In Delhi High Court

Justice Dr S Muralidhar received an astounding farewell from the members of the Delhi High Court Bar Association on Thursday, on the occasion of his transfer to Punjab and Haryana High Court.The ceremony witnessed an unprecedented turnout of lawyers, and Justice Muralidhar won hearts with his speech punctuated with wit, wisdom and humility.In this context, let us have a look at some...