Sanskar Marathe v. State of Maharashtra

Prachi Kumari One More Attempt To Strengthen The Freedom Of Speech And Expression The Bombay HC in the case of Sanskar Marathe vs. State ... Continue Reading →

Law and the Mother – Maternity Benefit Act

Raghavi Viswanath History bears testimony to the fact that maternity has been viewed as a disability. Since the times of the Industrial Revolution, pregnant women have been treated ... Continue Reading →

Misuse of sexual harassment laws in India

Raghavi Viswanath The Indian judiciary has seen a decelerated evolution with regards to sexual harassment laws. This article seeks to highlight and analyze the various flaws in the ... Continue Reading →
Chennai HC

Sections 85 (2) (b) and 85 (3) (a) of Trade Marks Act, declared unconstitutional

Prachi Kumari The Madras HC in the case of Shamnad Basheer v. Union of India1has declared Sections 85 (2) (b) and 85 (3) (a) of Trade Marks Act, 1999 unconstitutional on the ground ... Continue Reading →

Ex nudo pacto non oritur actio

Maygha Viswanat The law relating to contracts forms one of the most fundamental aspects of the legal arena. We individuals get into contracts on a day to day basis be it with friends, ... Continue Reading →

Res communis and res nullius

Sai Manoj Reddy Res communis and res nullius are the two legal maxims which have a great significance in the legal world and mainly in the laws related to seas, space and many natural ... Continue Reading →
Law

Corpus delicti or Body of crime

Lohitashwa Pratap Singh Corpus delicti translated to “body of crime” is a term that refers to the principle that a crime must have been proven to have occurred before a person can ... Continue Reading →

Ratio Decidendi – the reason

Mahima Gherani Ratio decidendi is a Latin phrase meaning “the reason” or the “rationale for the decision”. The term ‘ratio” means the ‘the measure of the quantity in other’ ... Continue Reading →

Locus Standi

Maygha Viswanat Being in the legal fraternity and as law students we often come across the term “Locus Standi.” This maxim forms the deciding factor when a case comes up before ... Continue Reading →

Non Compos Mentis

Balakumar Rajendran Latin term meaning of Non Compos Mentis is “Not of a sound mind, memory, or understanding.” Defendants could argue in their defence that they were not responsible ... Continue Reading →

Nemo debet esse judex in propria sua causa

Lohitashwa Pratap Singh No man can be judge in his own cause Nemo debet esse judex in propria sua causa is a fundamental rule in the administration ... Continue Reading →

Injuria Sine Damno

Sai Manoj Reddy Injuria Sine Damno is used in law of torts and is related to damages. The meaning of the above maxim is infringement of an absolute private right without any actual ... Continue Reading →

Ignorantia juris non excusat

Adyasree Prakriti Sivakumar “Ignorantia juris non excusat” is a Latin legal maxim, on literal interpretation, means Ignorance of Law is not an excuse. This is one of the ... Continue Reading →

Ejusdem generis

Mahima Gherani This commonly used Latin maxim means “of the same kind, class or nature”. Known as a “canon of construction”, it states that while interpretation or construction ... Continue Reading →

Ejusdem Generis

Sai Manoj Reddy The meaning of this maxim is ‘of the same kind’ this maxim is generally used by the courts in deciding or classification of entities or bodies which comes under ... Continue Reading →

Damnum Sine Injuria

Sai Manoj Reddy The Maxim Damnum Sine Injuria means ‘that no action will lie if there is actual loss or damage but there has been no infringement of legal right”. Where there has ... Continue Reading →

Amicus Curiae

Balakumar Rajendran Amicus Curiae is a Legal phrase derived from Latin which means “friend of the court”. It refers to someone, not a party to a case, who volunteers to offer information ... Continue Reading →

Actori Incumbit Onus Probandi

Balakumar Rajendran Actori Incumbit Onus Probandi is a legal phrase derived from Latin meaning ‘the burden of proof lies on the plaintiff”. It says that the claimant bears the burden ... Continue Reading →

Res Ipsa Loquitor

Mahima Gherani In the common law, “Res Ipsa Loquitor”, a Latin word which means the thing speaks for itself. Prima facie it appears to be a simple and easy maxim to understand and ... Continue Reading →

res ipsa loquitur

Lohitashwa Pratap Singh The thing itself speaks; or, the thing done, or the transaction, speaks for itself The basis of this principle is ... Continue Reading →