Kanoon With Kabir

  Legal Language legal language is the language used by persons related to the law field or legal profession language used by lawyers, judges, jurists, legislative draftsmen and other persons related to law fraternity is legal language “a varietal system of technical terms, situations meanings, complicated procedural arrangements etc which communicate at least among the law men in a unique style imperceptibly interwoven with certain juristic traits and judicial qualities.” (N.R.Madhava Menon, quoted, Tandon & Behl  WHEN 5 types of discourses / contexts in which legal language is used the law giver to the judge and the counsel  judge to the counsel and vice versa-judgments, briefs, courtroom exchanges and so on Consultation among judges, counsels and men of law as part of legal discussions. This may be termed as informal as it takes place outside the court in the chambers of judges and advocates, offices of lawyers etc Judge to the jury; counsel to the client and vice ...

 Nudum Pactum Vinculum Juris In Pari Materia

  Solved Question Paper Previous Year ai Varanasi is a holy city. aii Yesterday a European called at my office. aiii Sanskrit is a difficult language aiv Sri Lanka is an island av Rama has come without an umbrella avi I first met him a year ago bi Active voice - The boy made the kite. bii Passive voice - The boy was bitten by the dog. biii Passive voice - He is loved by all. biv Active voice - The cat killed the mouse. bv Passive voice - The thief was caught bvi Passive voice - This letter was posted late at night the earth moves round the sun my friends saw the Prime Minister yesterday. it has been raining since early morning the train will have arrived before we reach the station Hurry up! the programme is about to start. I will phone you when he comes back the work was done in haste he spoke with me in Urdu I am tired of walking he died in his country the river flows under the bridge it is ten-o clock on my watch the jury was divided in their opinions The Three Musketeers is ...

  Donough vs Stevenson   - Law of Torts - Negligence and Duty of Care  Balfour vs Balfour   - Contract law - Intention to create a legally binding contract, contracts of a domestic nature such as between husband and wife in general are not intended to be legally binding unless explicitly stated Mohiri Bibee vs Dharmodas Ghosh  -  Contract law - Capacity to contract - a landmark for the situation of  minors in contracts Kesavananda Bharati vs State of Kerala -  Constitutional Law - Basic Structure of Constitution Municipal Corporation of Delhi vs Subhagwanty -  Law of Tort -  Negligence Maneka Gandhi vs Union of India  - Art 21 Fundamental Rights

Municipal Corporation Of Delhi vs Subhagwanti  1966 AIR 1750, 1966 SCR (3) 649 Questions of the case - Was there negligence on the part of the Corporation? - Was the principle of res ipsa loquitor correctly applied? - Whether damages estimated were excessive? Facts of the case The clock tower under the control of the municipal corporation fell, killing individuals. The plaintiff - the heir of the individual killed, filed a suit for damages against the corporation alleging negligence on the part of the corporation. The plaintiffs were awarded damages and negligence proved. The appeal from the defendant was dismissed in the higher courts. Case judgement Disclaimer:  The posts are meant for educational and learning purposes for anyone interested in learning and discussing law. Parts or sections of this post are taken from Wikipedia / law-related websites/case briefs etc. with attempts to source the website. Emphasis is on making sure the most important learnings and takeaways ...

Maneka Gandhi v. Union of India, AIR 1978 SC 597 Case judgement Question under the case Whether the right to go abroad is part of personal liberty Whether the right under Art 19(1) has any geographical limitation Whether the power to impound a passport arbitrary -- in the general public interest if vague Principles of Natural Justice - whether it applied only to quasi-judicial orders or applies to administrative orders affecting the rights of citizens When a statute is silent on something, can laws of common justice apply?  (Passport being impounded without a clause of the individual being heard, principle of natural justice, audi alteram partem - let the other side be heard too) Facts of the case ( wikipedia ) Maneka Gandhi 's passport was impounded 'in the public interest' by an order dated 2 July 1977. When reasons for impounding her passport were sought, the Government of India declined to provide any "in the interests of the general public. Gandhi filed a writ ...

Mohori Bibee v Dharmodas Ghose, [1903] UKPC 12 The case held that a contract entered into by a  minor  is totally void Case Judgement PDF Case facts Dharmodas Ghose, a minor,   mortgaged  his property in favour of a moneylender, Brahmo Dutt, against a loan of Rs 20,000.  Dutt's attorney, acting on behalf of him, was aware of Ghose's minority .{as throughout the transaction brahmo Dutt was absent from Calcutta}.  Ghose, through his mother and guardian, sued Dutt claiming that the mortgage was void due to his minority.  The Court of First Instance held in Ghose's favour, and on appeal, the  High Court of Judicature at Fort William  upheld that decision. Before the appeal to the Privy Council, Dutt died and the proceeding was continued by his heirs. Question to be addressed in the case: Whether the parties were competent to enter into a contract which they made? Can the minor be compelled to repay the money by law? Is the contract void ab ini...

Balfour v Balfour   (1918-19) ALL ER 860 (C.A.) Part 1 Case facts in brief  Mr Balfour made an oral promise to his wife Mrs Balfour to pay a monthly allowance of £30 to sustain herself until he returned from Ceylon (Sri Lanka) back to England Over time they drifted apart Mrs Balfour sued him in March 1918 to enforce continued payment of £30 payments contending that there in fact exists a legal agreement between her and her husband Part 2 Legal aspects of the case   Legal consideration   Does a legally binding contract arise between the said parties for an agreement which domestic in nature? In other words, did the parties intend to create a legal obligation on each-other for promises entered in a domestic relationship (husband and wife, Mrs and Mr balfour)? Abjudication (judgement) In the first instance,  Judge  Charles Sargant  held the verdict that Mr Balfour was obliged to support his wife. However,  Court of Appeal unanimously held and ove...

The Paisley Snail  The Paisley Snail | Donoghue vs Stevenson  [1932] AC 562 | Duty of Care and Negligence Link to original transcript of the case Part 1 Case facts in brief  Mrs Donoghue visited a cafe with her friend and ordered some ice cream and a bottle of ginger beer She drank some of the ginger beer. She witnessed a decomposed snail flow out of the bottle as she poured more ginger beer into her tumbler Consequently, she suffered gastroenteritis and shock and was admitted to a hospital The bottled ginger beer was produced by David Stevenson, whose details mentioned on the bottle were noted by Mrs Donoghue's friend Mrs Donoghue sued Mr Stevenson for damages Part 2 Legal aspects   Arguments by the plaintiff (Mrs Donoghue) Duty of care owed by Mr Stevenson (ginger beer bottle manufacturer) Breach of duty of care by Mr Stevenson Arguments by the defendant (Mr Stevenson) that he had not caused Donoghue any injury; that the claimed amount was excessive. that ...