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 of Maharashtra ((2015 SCC OnLine Bom 587))has clarified that mere criticism is not seditious. The judgment came on 17 March 2015. In this case, a bench comprising of Chief Justice Mohit Shah and Justice N.M. Jamdar of Bombay HC observed: “it is clear that the provisions...

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 as a liability. Employers have expressed no qualms with regards to dismissing pregnant women from service without granting them pay for the maternity period. Most countries have taken time to acknowledge and internalize...

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 legal apparatus to deal with sexual harassment as it exists today. One of the most dubious provisions is Section 498-A of the Indian Penal Code. While the provision has been created to protect women from marital violence,...

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

Chennai HC
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 that these provisions infringe the doctrine of separation of powers and the independence of judiciary. Section 85 (2) (b) of the Act provides that A person shall not be qualified for appointment as vice- chairman unless...

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, relatives or colleagues. Since, we live in a world where we keep entering into contracts, it often becomes imperative to analyse the various components of a contract. Out of all the components constituting a contract,...

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 resources. These two legal maxims take us back to the roman philosophy from which these maxims are born. In Roman law these maxims usually determine about the public property and its ownership. Now coming to what is res...

Corpus delicti or Body of crime

Law
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 be convicted of committing that crime. Black’s Law dictionary defines “corpus delicti” as the “fact of a crime having been actually committed”. The above mentioned maxim is one of the most important concepts...

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’ and ‘decidendi’ means decision. It is the point in a case which determines the judgement and explains the principals established in d case. According to Salmond “A precedent is a judicial decision which contains...

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 the court. It is thus the very basic requirement for the case to be heard by the presiding judge. In simple parlance it means, the right of a party to appear and be heard before a court or the right of a part...

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 for the crime, owing to the fact that they are not sound in mind and therefore they cannot be held liable for their act. This type of defence can be taken only if the defendant totally lack in reasoning and understanding,...

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 of justice ,that a person cannot be judge in a cause wherein he is interested; nemo sibi esse judex vel suis jus dicere debet; and, therefore, in the reign of james I., it was solemnly adjudged that the king cannot take any cause, whether civil or criminal,...

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 loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that in the law of torts the infringement of right is itself considered as damage and there is no need...

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 most important and basic concepts any lawyer or legal academician should know. Also, being law students it becomes necessary for us also to know about it. This term, is derived from the Latin word. The origin of the of...

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 of a statute the first thing which is done by the court is to assign literal meaning to the statute in question, but in case, there exists any vagueness, then the court goes a step ahead in its interpretation, and try...

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 a specific definition. One of the main applications of the ejusdem generis rule is in the interpretation of statutes. In India ejusdem generis is used often when ambiguity or confusion on the statutes arises. This maxim...

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 been no infringement of any legal right, the mere fact of harm or loss will not render such act or omission actionable although the loss may be substantial or even irreparable.  Damage so done is called “damnum sine...

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 on a point of law of some other aspect of the case to assist the court in deciding the judgment. The figure of Amicus Curiae originated from Roman law. Then it was incorporated into English law and it was later...

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 of proof, which has to prove the aspects of their claim. In a civil proceeding, court leads the investigation, but it has to be done by the plaintiff, who is obliged to submit to the court all the proof and evidence...