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01 Feb 2025

Posted by: Manas Shrivastava

Interpleader Suit

What is an Interpleader Suit? An interpleader suit is a legal action where the real dispute is not between the plaintiff (the person filing the suit) and the defendant(s) but between multiple defendants who are claiming the same property or money. Unlike an ordinary lawsuit, the plaintiff in an interpleader suit is not personally involved in the conflict but simply brings the case to court to determine the rightful owner. Legal Meaning of Interpleader To interplead means to litigate with....

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23 Jan 2025

Posted by: Aishwarya Chourasia

Village Police Patil Not Police Officer; Confession To Him Admissible As Extra Judicial Confession : Supreme Court

In a recent decision, the Supreme Court of India, in the case Sadashiv Dondiram Patil v. The State of Maharashtra (2025 LiveLaw SC 97), underscored the nature of extra-judicial confessions and clarified the principles governing their admissibility in criminal trials. This decision delves into several facets of criminal jurisprudence, particularly the weight of extra-judicial confessions, the burden of proof, and the standard of proof required to establish guilt in a murder case. The Case Background The appellant in this case,....

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21 Jan 2025

Posted by: Aishwarya Chourasia

Kerala Court Issues Bailable Warrant Against Patanjali Ayurved's Baba Ramdev And Managing Director In Misleading Advertisements Case

Introduction: In recent developments, Baba Ramdev and his close associate, Acharya Balakrishna, are facing legal challenges over misleading advertisements related to their products from Divya Pharmacy, an affiliate of Patanjali Ayurved. The Kerala Judicial First Class Magistrate Court issued a bailable warrant against the two for allegedly violating the Drug and Magic Remedies (Objectionable Advertisement) Act, 1954. This case has gained widespread attention due to the nature of the allegations and its potential impact on the credibility of Patanjali Ayurved....

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20 Jan 2025

Posted by: Aishwarya Chourasia

How to file a PIL?

Understanding Public Interest Litigation (PIL) in India: A Tool for Social Justice Justice P.N. Bhagwati, a pioneer in expanding PIL, remarked: "The role of the court is not merely to provide relief to the parties before it, but to also provide a solution to the larger societal issue at hand." Public Interest Litigation (PIL) is a powerful legal tool in India that enables citizens to seek justice for issues of broader public concern. PIL serves as a critical mechanism for....

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11 Jan 2025

Posted by: Aishwarya Chourasia

“Court Is A Search Engine of Truth With Procedural And Substantive Laws As Its Tools”: Supreme Court

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....

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10 Jan 2025

Posted by: Manas shrivastava

Suit by persons dispossessed of immovable property | Section 6 of Specific Relief Act 1963

Protection 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....

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09 Jan 2025

Posted by: Manas shrivastava

Doctrine of Privity of Contract

The 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. For Judiciary....

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08 Jan 2025

Posted by: Manas shrivastava

Doctrine of Lis-Pendens

What 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.....

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07 Jan 2025

Posted by: Manas Shrivastava

Doctrine of Frustration under Indian Contract Act 1872

What 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....

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06 Jan 2025

Posted by: Manas shrivastava

Understanding Consideration under the Indian Contract Act 1872

Definition 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....

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