Advocate is the person who pleads the cause of another before a tribunal or judicial court. He is the person who defends or maintains a cause or proposal. He also supports or promotes the interests of another. According to Section 2 (1) (a) of the Advocates Act, 1961, provides that “advocate” means an advocate entered on the roll of … Read more
Gambling features in List II of the Constitution of India. This implies that the State Governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws … Read more
A disciple asked his Sage, “what is cause and effect?” The Sage reacted aggressively and slapped the disciple’s face. The wounded disciple kept quiet. After some time, seeing the wound of his disciple, the Sage asked the disciple to “show the slap”. The disciple pointed at his wound, and the sage said that, the wound … Read more
Estoppel by Matter of Record or Estoppel by Res Judicata Estoppel by record means nothing more generally than that the matter is res Judicata. It belongs more properly to the province of the pure procedure and is so dealt with in the Indian legislation. Res judicata is an estoppels by judgment. It embraces all those … Read more
Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. A general distinction can be made … Read more
Caveat emptor is a combination of two Latin words. Caveat means caution or warning or beware; and Emptor means the buyer, the purchaser. Caveat emptor means: Let the purchaser beware. It is a disclaimer of liability for buyer’s disappointment. It is one of the settled maxims, applying to a purchaser who is bound by actual … Read more
The Punjab and Haryana High Court, in a significant judgment, has held that the amount of leave encashment, payable to a retiring employee facing criminal or department proceedings, cannot be withheld. With this, a Full Bench of the High Court, comprising three Judges, has cleared the air on the contentious issue of holding back the … Read more
Under Industrial law, there is no form prescribed for a charge sheet hence it becomes more important to draft it more carefully with precision and clarify. There are large number of cases wherein the departmental/domestic enquires have been vitiated for want of valid charge-sheet since it forms the basis of the disciplinary proceedings. The framing … Read more
Plea Bargaining came in the amendment Act of 2005 in Code of Criminal Procedure, there are not much cases regarding it but even though, position under Indian Judiciary is very clear. Section 265-A to 265-L provides for the plea-bargaining under Code of Criminal Procedure. It is a devise which ensures that victims receive acceptable justice … Read more
The activities of Societies are regulated by the Society Registration Act 1860. The Act also lays out the procedure and the prerequisites for getting a Society registered. The state governments have adopted the Act, by making a few necessary amendments. Some state like Haryana has enacted a separate act like Haryana Registration and Regulation of Societies … Read more