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LawFinderBlog » civil
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14
JUL
2021

Arbitrability of Oppression And Mismanagement Disputes Under Companies Act, 2013

Arbitrability of Oppression And Mismanagement Disputes Under Companies Act, 2013 Arbitrability means whether a matter can or cannot be settled through arbitration and whether certain type of disputes only falls under the jurisdiction of a tribunal or the state courts. The Model...
05
JUL
2021

Doctrine of Precedent

With the advancement of law, the doctrine of precedent has become an integral part of the judicial discipline. The doctrine of precedent is a cardinal principle of the hierarchical nature of the judicial system. When a decision is rendered by a forum of superior or concurrent...
18
JUN
2021

Covid-19, Medical Professionals And Archaic Legal Immunity

The Covid-19 Pandemic has changed the dynamics of the world. As people are increasingly being confined to the safety of their homes, there are certain professionals who have had to step up to the challenge. One such community is that of medical professionals. Ever since the...
04
JUN
2021

Analysis of the Fruit of Poisonous Tree Doctrine

In my opinion, “Fruit of the poisonous tree” is a better approach towards dealing with illegally obtained evidence. To discuss why I think this is a better approach than the unfair operation principle currently being followed in India, I would analyse India’s...
03
JUN
2021

Analysis of Law of Recovery Under the Indian Evidence Act

In my opinion, the process of recovery should be used in criminal trials but with reasonable restrictions. When we talk about the process of recovery which is derived from the theory of subsequent facts it becomes all the more important to refer to Section 27[1*] which states...
20
MAY
2021

Right To Privacy

INTRODUCTION Right to privacy is a right which an individual possesses by birth. Privacy simply means the right of an individual ” to be left alone” which is recognized by the common law. The notion of privacy is sometimes ambiguous because of the different historical...
12
MAY
2021

Secondary Evidence

Satyameva Jayate (Literally: “Truth Stands Invincible”) is a mantra from the ancient scripture Mundaka Upanishad. Upon independence of India, it was adopted as the national motto of India. It is inscribed in Devanagari script at the base of the national emblem. The...
05
APR
2021

Frame of A Suit: Order II of the Code of Civil Procedure, 1908

Introduction The philosophy and principle underlying Order II is to discourage and minimize litigation. The law has always frowned upon multiplicity of litigation since less litigation is seen as a sign of a peaceful, progressive and developed society. Hence, Order II has rightly...
17
MAR
2021

The Dimensions of Doctrine of Res Judicata

The concept of Res Judicata finds its evolvement from the English Common Law system, being derived from the overriding concept of judicial economy, consistency, and finality. From the common law, it got included in the Code of Civil Procedure, 1908 in the form of section 11 and...
19
FEB
2021

Farm Laws : Constitutional Provisions

I. Statement of Problem and Factual Matrix: The basis of the problem lies in the three agricultural laws passed by the parliament while exercising powers conferred by the seventh schedule of the constitution. The root cause surrounding the problem is based in the federal polity...