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MOHORI BIBEE Vs. DHARMODAS GHOSE ILR (1903) 30 CAL 539 (PC) The Section 2(h) of the Indian Contract Act, 1872 defines contracts as an agreement enforceable by law. The contracts cannot be entered into by any person; the competency regarding the same has been laid down under Section 11 of the Act. The Section 11 of the Indian Contract Act, 1872 states that the person of age of majority, sound mind and not disqualified by law are competent to contract.....
Read MoreREVOLUTIONARY STEP OF KERALA HIGH COURT: MARITAL RAPE A GROUND FOR DIVORCE In India, law doesn't recognise marital rape. Marital rape means a forceful intercourse with the spouse. The Indian Penal Code penalises rape but it fails to recognise non-consensual sex within marriage. However, the Supreme Court of India in the case of Independent Thought v. Union of India 2017 partially penalised marital rape by deciding that forceful sexual intercourse with a wife between the 15years of age to 18years....
Read MoreINDEPENDENT THOUGHT Vs. UNION OF INDIA AND ANR. (AIR 2017 SC 4904) The Section 375 of Indian Penal Code defines 'rape'. This provision was amended by Criminal Law Amendment Act, 2013 haphazardly after the Nirbhaya incident. The Amendment to the said Section increased the age of consent to sexual intercourse to 18 years. However, the Exception-2 of the said provision was not amended which stated that "sexual intercourse by a....
Read MoreCARLIL Vs. CARBOLIC SMOKE BALL COMPANY (1893) 1 Q.B. 256 In our day to day lives most of the relationships are governed by the agreements. The agreements which are enforceable by law are contracts. However, to constitute any agreement the foremost requirement is the offer and its acceptance. The offer is constituted when there is a proposal by one i.e. the willingness to do or abstain to do something with an intention of obtaining assent of the other party. Although,....
Read MoreREG V. GOVINDA In India the criminal law is governed by the Indian Penal Code, 1860. The Chapter 16 of the Code deals with "Offences Affecting the Human Body." The most important provision of the Chapter is Section 299 and Section 300. The former defines culpable homicide while the latter defines murder. The language of these provisions suggests that there is no difference between Section 299 and Section 300. The similarity of the language of these provisions is the reason....
Read MoreDONOGHUE VS. STEVENSON Negligence in layman's terms means carelessness or absence of duty of care. However, the legal meaning of the term negligence means 'absence of reasonable duty of care.' Legally, negligence is of two types i.e. civil and criminal; the differentiating factor between the two is the gravity of absence of care and mens rea. The concept of 'reasonability' of the duty of care has been laid down by the House of Lords in 1932....
Read MoreSHAKTI VAHINI vs. UNION OF INDIA [AIR (2018) SC 1601: 7 SCC 192] BENCH- Dipak Mishra, A M Khanwilkar, D Y Chandrachud BACKGROUD OF THE CASE- The National Commission for Women authorised the petitioner, an organization to conduct a research on “Honour Killings in the areas of western U.P., Punjab and Haryana’. The organization asserted that there has been a significant increase in both the honour crimes as well as the fear among young people who are willing to marry....
Read MoreARJUN PANDIT RAO KHOTKAR vs. KAILASH KUSHANRAO GORANTYAL & Ors. [civil appl no. 20825-20826 of 2017] DATE OF THE VERDICT- July 14th, 2020 BENCH- R F Nariman, S. R. Bhat, V. Ramasubhramaniam. BACKGROUND OF THE CASE- the decision was given in this amidst of conflicting decisions pronounced by the SC previously, regarding admissibility of electronic evidence. In the present case two petitions were filed against the election of the appellant to the Maharashtra legislative assembly elections. One petition was filed....
Read MoreM.C. MEHTA & ANR. vs. SHRI RAM FOODS AND FERTILISER INDUSTRIES AND OTHERS [AIR 1987 SC 965] - also known as ‘the Oleum Gas Leak Case’. DATE OF THE VERDICT- 17/02/1986 BENCH- P N Bhagwati, D P Madon, G L Oza BACKGROUND OF THE CASE- While the case of Bhopal gas tragedy awaited verdict of the Hon’ble SC, another gas disaster took place at Shri Ram Foods and fertiliser industries which was a subsidiary of the Delhi Textile Mills.....
Read MoreNational Insurance Company Limited vs Ashwani Kumari and others Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE Reserved on: 26.08.2020 Pronounced on:01.09.2020 Brief Facts of the Case The National Insurance Company Limited an appeal against the judgment and award dated 28th April 2017, whereby the claim petition filed by respondent No.1 has been allowed and the appellant has been directed to pay a sum of R.88,045- along with pendent elite and future interest @ 7.5% per annum to the claimant. Therefore, the....
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