Vicarious Liability -Overview and Essentials

Vicariously liability is a form of a secondary liability which mean the liability of a person is with respect to act or omission of someone else working under his instructions. This form of liability binds the owner for the acts of the servant done in course of employment . Vicarious liability is seen as a part of the tort law which is civil law other than contracts. Vicarious liability has been developed as a result…

Continue reading

ESSENTIALS OF A VALID CONTRACT

Contract law in India is governed by the Indian Contract Act, 1872(ICA) a law developed in the British Era of the Indian state. The law was formulated by the Third Law Commission set up in 1861 under Sir John Romilly. The laws being created and crafted by the British were based on the principles of English common law. We enter into many agreements on a daily basis that may be implied or explicit. However, certain…

Continue reading

LEGAL ISSUES IN CYBERSPACE

The cyber space has been the greatest example of the human advancement with all the world, services and products available on the world wide web. With all transactions and money flows hugely shifting towards this virtual existence, it has also provided as a breeding ground for frauds, cheating and offences.  The legal issues that are faced in cyber space can broadly be divided into  types are as follows:             Domain Name Issues Typo squatting –this…

Continue reading

COPYRIGHT -Essentials as per the governing law

Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights to make use of it and provide him the exclusive right to distribution of his copy right material. Also, these rights provided with respect to the claim are for a limited time only so as to enable the original creator of the work who hold the copy right to receive compensation i.e. to…

Continue reading

Nuisance as an offence

Nuisance is derived from nuire which is a French word and means “to do hurt” or “to annoy”. Nuisance is an offence under the English common law and is seen as a part of tort law. Nuisance is a direct result of the law recognising the right of a person for unlimited enjoyment of his land within the ambit of law. Nuisance is anything done to annoyance or the hurt of lands, hereditaments or tenements…

Continue reading

Defamation: Explanation, Definition and Types

The reputation of a man is an invaluable asset to him and every man has the right to preserve his repution inviolate. By reputation is meant, the opinion held by the world in general. The right of reputation is jus in rem i.e. right that a person holds against the entire world. A man’s reputation is his property and a person’s right over it is seen as an inherent personal right. It is the wrong…

Continue reading

Victory for voices in a democracy: Section 66A quashed

The most recent development in law that has stirred the social and political situation in the country is the striking down of Section 66A of the Information Technology Act by the Supreme Court of India, declaring it unconstitutional. The controversial provision made posting offensive content or material on or through the world wide web a offence punishable with up to three years in jail. This section had been widely misused  by political powers to assert…

Continue reading

National Judicial Appointments Commission

Over the years the method of appointment of judges to the Supreme and High Courts has undergone changes and modifications with respect to the circumstances and the needs of the time. The Indian constitution originally allows the President to appoint judges after “consultation with the Chief Justice of India and any other Supreme Court and High Court judges that the President may deem necessary” . It was in 1970s under the unwarranted super cessions and…

Continue reading

Foreign Direct Investment

Foreign Direct Investment-Governing Laws, Developments and Existing trends Foreign Direct Investment (FDI) refers to the net inflows of investment expenditure towards the acquisition of a lasting management interest usually 10% or more in an institution or an enterprise with established or developed operations in a market of the economy other than that of the investor. Foreign direct investment is a transitional catalyst that initiates the conversion of an economy from a closed economy to an…

Continue reading

Official Secrets Act, 1923

Sometimes certain statutory acts come into force which one fails to understand whether it is good or bad for the welfare of the country. Official Secrets Act (OSA), 1923 is one such Act. Official Secrets Act is one of the important laws for national security but a dark blotch and hindrance in the transparency and freedom of Press and governance. Due to the Act’s stringency, it has failed to tread the middle path and is…

Continue reading