In an action for a tort, the defendant may avoid his liability by taking the plea of some defence. There are some general defences, which may be taken against action for a number of wrongs: (1) Volenti non fit injuria (Defence of…
In many cases, a person voluntarily binds himself by a contract to perform some duty, which already lies upon him independently of any contract. The breach of such a contract is also a tort. For example, the right of injured…
Unlike criminal law, where mens rea or guilty mind is an important factor to determine a crime, in a tort the state of mind of a person is not so important, and in fact irrelevant, except in certain cases (because…
First on the basis of meaning – Injuria sine damunm means violation of a legal right without actual loss or damages where as Damnum sine injuria means actual or substantial Damages without infringement of a legal right. Second on the…
When developing countries have issues with people evading their taxes or even taking part in illegal monetary transactions, demonetization is a popular mechanism used to help curb them. Demonetization is the withdrawal of currencies or other valuables by the central…
R.P. SETHI, J. – 2. Who is a ―”Hindu” for the purposes of the applicability of the Hindu Marriage Act, 1955 (“the Act”) is a question of law to be determined in this appeal. Section 2 of the Act specifies…
1. Short title and extent.— (1) This Act may be called the Hindu Marriage Act, 1955. (2) It extends to the whole of India, and applies also to Hindus domiciled in the territories to which this Act extends who are…
There are basically two schools of Hindu law: 1. Mitakshara: The Mitakshara is a running commentary on the code of Yajnavalka. It has been written by an eleventh century jurist by the name of Vijnaneshwar and prevails in all parts…
The Indian Civilization is one of the oldest civilizations in the world and Hindus form a majority in his civilization. Thus, it is difficult to trace the origins of Hindu Law. Long back, there was no distinction between religion, law…
Discuss the importance of custom as a source of Hindu law. Point out the essentials of a valid custom. Can a custom in derogation of a general rule be construed liberally by the court? [BJS 2017] What are the essentials…