CASE NAME : EMMANUEL VS STATE OF KERALA AUTHOR : VARNIKA VERMA CITATIONS AIR 1987 SC 748 1986 Cri LJ 1736 MANU/SC/0061/1986 1986 (2) SCALE 217 (1986) 3 SC 615 [1986] 3 SCR 518 BENCH Justice Reddy O. Chinappa INTRODUCTION The Supreme Court of India noticed that the school children were dismissed for not singing
Author : Kriti Gandhi Copyright is a exclusive right of the Copyright Owner. Where the right to copy or reproduce a work the author acquires copyright. It is a product of human ability and mental capacity to do something creative. Includes writing, play, music and other creative activities. Copyright often creates Right to Rem and
Author : Tanvi Gupta Actus non facit reum nisi mens sit rea is a Latin maxim meaning an accused cannot be held guilty without criminal intent. Generally, any act has two intents physical and mental intent i.e. actus rius and mens rea. An act of the accused combined with an intention to specific criminal wrong proves
Author : Tanvi Gupta Actus nemini facit injurium is a Latin maxim meaning the act of law does injury to no one. This maxim states that bringing a law suit by plaintiff against other party causes no harm to second party. Application of law is based on this principle that if any person act beyond
Author : Ishita Arora Citation AIR 1986 SC 180 Bench Chief Justice Y.V. Chandrachud, Justice A. Vardarajan, Justice O.C. Reddy, Justice S.M. Fazalali and Justice V.D. Tulzapurkar. Introduction The present case is one of those cases which broaden the horizons of the meaning of fundamental rights. In this case, right to livelihood was held to
Author : Ishita Arora Citation 2017 (2) SCJ 136 Bench Chief Justice T.S. Thakur, Justice Madan B. Lokur, Justice S.A. Bobde, Justice D.Y. Chandrachud, Justice A.K. Goel, Justice U.U. Lalit, Justice L. Nageshwar Rao Introduction Article – 123 and 213 of the Constitution deals with ordinance making power. Article 123 states that the President can
Introduction: Section 96 – 106 of the Indian Penal Code (IPC), 1860 states the laws concerning to the right of private defence of person and property. It is the prime duty of the State to safeguard the life and property of the individuals, but no state, regardless of how large its resources, can afford to
Author : Tanvi Gupta Actor incumbit onus probandi is a Latin term meaning “burden of proof lies on the plaintiff”. This maxim states that onus to proof the claims made is on the plaintiff. He has to substantiate the claims and give proper evidence. For example, in case of any injury caused by the defendant, plaintiff
Author : Tanvi Gupta Actiones legis is a Latin term which was used mainly in Roman Law meaning Law suits or Lawful action. In Roman Law legis Actio prevailed from c. 450 B.C. to end of 2nd century B.C. The procedure under Actiones legis was divided into various stages. Firstly, the plaintiff calls the defendant
Author : Tanvi Gupta Actio personalis moritur cum persona has originated from Latin word meaning “a personal right of action dies with person”. This maxim was recognized in the year 1496 in a case where women found guilty of defamation died before paying compensation to tortfeasor.
