Articles tagged as Indian Law

This selection of law content including essays, dissertations, problem questions, and case summaries is relevant to Indian law students and to those studying Indian law from outside of India. India has an organic law as a consequence of the common law system. Through judicial pronouncements and legislative action, this has been fine-tuned for Indian conditions.

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Indian Law

Latest Law Papers tagged as Indian Law

Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.

General Presumption in 10 Indian Rape Cases
Criminal Law
Introduction: The following are the 10 important cases relating to General Presumption under section 114A of The Indian Evidence act, 1872... Last modified: 31st Aug 2021

Mistake is Mainly Error in Consent
Contract Law
Introduction: Mistake in legal sense bears a more restricted meaning than in popular parlance. Mistake, which vitiates a contract, is sometimes referred to as “operative mistake”. At common law mistake of expression, want of mutuality and failure of expression would seem to stand apart from the law of mistake.... Last modified: 31st Aug 2021

Grievances under the Industrial Disputes Act
Employment Law
Introduction: Usually grievances are indicative of problems stemming from interpretation of perceived non-fulfillment of an employees expectation from the organization. This understanding of the ambit of a grievance is also in accordance with the definition set out in the ILO Examination of Grievances recommendations which states.... Last modified: 31st Aug 2021

Res Judicata and Code of Civil Procedure
Constitutional Law
Introduction: This paper seeks to analyze theory of the doctrine and its application in the form of case laws. Chapter One deals with res judicata in general, seeking to provide the reader with a background of the doctrine in general. Chapter Two deals with the essentials for application of res judicata.... Last modified: 31st Aug 2021

Criminal or Civil Standard of Proof
Criminal Law
Introduction: The standard of proof, in essence, can be loosely defined as the quantum of evidence that must be presented before a Court before a fact can be said to exist or not exist. As the type of cases before a Court can be classified into criminal or civil, so can the standard of proof... Last modified: 31st Aug 2021

Jurisprudence - The Doctrine of Prospective Overruling
Administrative Law
Introduction: Doctrine of Prospective Overruling originated in the American Judicial System. The literal meaning of the term ‘overruling’ is to overturn or set aside a precedent by expressly deciding that it should no longer be controlling law.... Last modified: 31st Aug 2021

The Doctrine of Res Gestae
Common Law
Introduction: The aim of this paper is to investigate the manner in which the res gestae doctrine has been characterised under Common Law, and to trace its development as an exception to the exclusionary hearsay rule.... Last modified: 31st Aug 2021

Transfer and Transmission of Shares
Business Law
Introduction: Transferability is an important feature of a share in a company registered under the Companies Act, from which emanates another feature of a company- perpetual succession. It endows a company with perpetual and uninterrupted existence.... Last modified: 31st Aug 2021

Damages Under the Indian Contract Act
Contract Law
Introduction: Damages under Section 73 of the Act are compensatory and not penal in nature. The explanation to this section further provides that in estimating the loss or damage arising from a breach of contract, the existing cost of remedying the inconvenience caused may be taken into account.... Last modified: 31st Aug 2021

Presumptions as to Indian Evidence Act Documents
Contract Law
Introduction: Presumptions are inferences which are drawn by the court with respect to the existence of certain facts. When certain facts are presumed to be in existence the party in whose favor they are presumed to exist need not discharge the burden of proof with respect to it... Last modified: 26th Aug 2021

Civil Suits On Public Nuisance And Other Wrongful Acts Affecting Public
Civil Law
Introduction: The present paper proceeds in two parts. Part I deals with the concept of public nuisance for the purpose of section 91 of the Code of Civil Procedure 1908. It discusses at length the procedural of a claim for public nuisance as enlisted in section 91, supported with case laws.... Last modified: 26th Aug 2021

Effect of Trial by Media before Indian Courts
Commercial Law
Introduction: In India, trial by media has assumed significant proportions. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case.... Last modified: 26th Aug 2021

Restriction on Transfer of Shares within the Indian Companies Act 1956
Finance Law
Introduction: In order to truly comprehend the ‘transfer of shares in private companies’ the focus has to be on the ‘restrictions on transfer of shares’ in these companies. This project seeks to explore the rationale for such restrictions, the types of restrictions and the ambiguities that stem from such restrictions.... Last modified: 26th Aug 2021

Public Interest Litigation (PIL)
Litigation Law
Introduction: Public interest litigation is not defined in any statute or any act. It has been interpreted by judge to consider the intent of public at large. This is just like a writ petition which is file in high court or supreme court under article 226 for high court and article 32 for supreme court.... Last modified: 26th Aug 2021

Doctrine of Colourable Legislation in Indian and Canadian Law
Constitutional Law
Introduction: The doctrine of colourable legislation refers to the question of competency of the legislature while enacting a provision of law. My project has two different parts, the part one of my work deal with the doctrine of colourable legislation and part two deals with legislative accountability.... Last modified: 26th Aug 2021

Employment Bond: Enforceable Or Unenforceable in Indian Law?
Employment Law
Introduction: The Employment Bond is basically an agreement which the company and the employee enter into which among the other terms contained therein states that in consideration of the training given to the Employee and the money spent by the company in imparting such training,... Last modified: 26th Aug 2021

Misjoinder and Non-Joinder of Parties
Commercial Law
Introduction: Order 1 of the Code of Civil Procedure, 1908 deals with the the parties to the suit and also contains provisions for addition, deletion and substitution of parties, joinder, non-joinder and misjoinder of parties and objections to misjoinder and non-joinder.... Last modified: 26th Aug 2021

'Ex Parte Decree' Provisions within the Code of Civil Procedure
Administrative Law
Introduction: An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.... Last modified: 26th Aug 2021

Christian Law of Succession in Indian Law
Properties and Trusts
Introduction: Before venturing into a discussion on the Christian Law of Succession, we would do well to first make a preliminary study of what exactly succession is. Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired, and may devolve in two ways:... Last modified: 26th Aug 2021

The Importance of 'Cause of Action' in Civil Suits
Civil Law
Introduction: The term Cause of Action refers to a set of facts or allegations that make up the grounds for filing a lawsuit. A Cause of Action is therefore by its very nature essential to a Civil Suit, since without a Cause of Action a Civil Suit cannot arise. The question now arises how important exactly is a Cause of Action?... Last modified: 26th Aug 2021

Legislative Executive and Judicial Functions in India
Administrative Law
Introduction: In this project, the author will deal with the ingredients of the concept of separation of powers, the concept of separation of powers in India and recent developments with respect to the constitutionality of different tribunals in India.... Last modified: 26th Aug 2021

The Whistle Blowers Protection Act: Issues for Whistleblower Protection
Law Dissertation Examples
Introduction: This article juxtaposes the drawbacks of the Act with the positives of the third-party internet whistle blower platforms such as WikiLeaks, and contends that it is the combination of a lack of legitimacy that pervades our whistle blower protection law and the perception thereof, along with the corresponding enhanced protections that third-party internet platforms offer.... Last modified: 24th Aug 2021

Pre-incorporation Contracts and the Promoter
Business Law
Introduction: In order to do away with these inconveniences, the promoter [5] can enter into the agreements in the benefit of ‘association of persons’ or prospective company; these agreements are known as pre-incorporation contract.... Last modified: 11th Jun 2021

Formation of a Company - Alteration of Memorandum of Association
Company Law
Introduction: Alteration of Memorandum of Association is an important exercise through which the company brings about the required flexibility which is pertinent to its existence and survival as an entity. It is a precondition before the company can initiate any drastic change in its ‘shape or structure’. ... Last modified: 11th Jun 2021

Articles 38 and 39 of The Constitution of India
Indian Law
Introduction: Article 39A, inserted by the Constitution (Forty-second Amendment) Act of 1976, imposes a mandate on the state to provide equal justice and free legal aid. This particular provision shall be the focus of this project, as the questions to which we seek answers are:... Last modified: 11th Jun 2021