LEGALEYE

Karmanpreet kaur* Damages is the main remedy both in action for breach of contract as well as in an action for tort. In order to be successful in an action for tort the plaintiff has to prove that there has been a legal damage caused to him. It has to be proved that there was a wrongful act or omission causing breach of a legal duty or the violation of legal right vested in the plaintiff. Law of equity holds that if there is a breach of right then the right which is breached is incomplete without the availability of a proper remedy. What is actionable is the violation of a legal right. Therefore, when there is no violation of a legal right no action can lie in a court of law even though the defendant’s act has caused some loss or harm, or damage to the plaintiff. The correlation between actual loss and legal injury is expressed by two legal maxims; “Injuria Sine Damno and Damnum Sine Injuria”.  There are some cases of tort where there is no need to prove that as a consequence of an...

Karmanpreet kaur* Joint family property is that property in which every coparcener has an interest by birth, and can claim partition. It is also known as the ancestral or coparcenary property or unobstructible heritage. Coparcenary property is that property in which a coparcener has a right by virtue of his birth in the family. Ancestral property is all property inherited by a male from his father, paternal grandfather or paternal great-grandfather, in which under the Mitakshara School, the sons, grandsons and great-grandsons of the person acquire an interest by birth.   In Shreya Vidyarthi versus Ashok Vidyarthi and Ors. (2016) 1 CCC 301 SC; Where the the second wife received the insurance money follow,ing death of her husband and the same was used for the purchase of suit property along with other funds which she had generated on her own, it was held that such amounts constitute the entitlement of all the legal heirs of the deceased/ husband though the same may have been rec...

   Karmanpreet kaur* The two goals of the Indian sentencing and punishment system are crime prevention/reduction and offenders' reformation. The courts have been allowed much of latitude in sentencing because it is their responsibility to impose a term that is appropriate for the offence and the offender by taking into account the intended punishment and the constitutional rights of detainees.   The tendency of relapsing into crimes by the criminals is known as Recidivism. The Criminal Procedure Code allows for two different types of preventive actions against persistent offenders. In accordance with Section 110, security may be taken in exchange for their good behaviour, and in accordance with Section 565, they may be required to live under police observation for up to five years in the event that they are found guilty of certain offences.   According to Section 75 of the Indian Penal Code, 1860, a person who has previously been convicted of an offence pun...

Tanish Dahuja* The main object of Code of Civil Procedure is to consolidate and amend the law relating to the procedure of civil courts in India. Order VI of the CPC covers pleadings in general. Pleading is a formal statement of the cause of an action or defence and includes a written statement or a plaint, forming the backbone of every suit. Pleadings need to be properly drafted with clear and concise language so as to avoid any ambiguity, and should be inclusive of all the material facts. The plaint should support the cause of action of the plaintiff and, written statement should respond to every fact alleged in the plaint as well as the introduction of any new fact that may favour the defendant.   Verification of Pleadings and Amendment thereof: Order VI Rule 15 of The Code of Civil Procedure, 1908 (CPC) provides that e very pleading has to be verified at the foot by the party or by one of the parties pleading or by some other person acquainted with the facts o...

Crimes by children in recent times have risen significantly. Children are often used as instruments to perform unlawful and illegal acts. The criminality of these acts branches from deep-rooted psychological dilemmas and conflicts. The minds of the children possess an innocent and manipulative character that can be easily tampered. The Children’s Act of 1960, and the Juvenile Justice Act of 1986, 2000 and 2015 have aimed to give effect to the international concern that juveniles should be dealt with leniency, prioritising aspects like rehabilitation, treatment, and development of the child. The Supreme Court in the case of Rishipal Singh Solanki versus State of UP and others 2019 12 SC 370, summarised the principal relating to the determination of the claim of juvenility under the Juvenile Justice Act 2015. The apex court held that the claim for juvenility can be made at any stage of the criminal proce...

It is the dynamic character of law in India that makes the legal system efficient and effective. Since the world and the society is ever changing, flexibility in the legal domain is highly appreciated. Old is not always gold! Laws become obsolete and hence require an update from time to time. The constitution vests the power of law making with the Parliament of India. The executive bodies too exercise the power of rulemaking delegated by the legislature. Thus, the power to amend or repeal laws also vests with the legislature. When the entire act is revoked, the word “repeal” is used; for example, the Companies Act, 2013 repealed the Companies Act 1956. When a section of an Act is repealed and re-enacted, it is referred to as an “amendment”; for example: Criminal Law (amendment) Act 2018 inserted three new sections (376AB, 376DA, 376DB) and amended three sections (166A, 228A, 376) in the IPC, 1860. This power also includes amendment of the constitution alongsid...

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