To prove negligence, four elements must be established:
Duty of care – The defendant owed a legal duty to the plaintiff.
Breach of duty – The defendant failed to meet that duty.
Causation – The breach directly caused the harm.
Damages – The plaintiff suffered actual loss or injury.
Posted on Jun 06, 2025
Judicial review in administrative law is the power of courts to examine the actions or decisions of administrative authorities to ensure they are lawful, reasonable, and follow due process. It helps prevent abuse of power and ensures that authorities act within their legal limits.
Posted on Jun 06, 2025
International law interacts with domestic law through two main approaches:
In monist systems, international law automatically becomes part of domestic law.
In dualist systems (like India), international treaties must be ratified or incorporated by legislation to be enforceable.
Courts may also interpret domestic laws in harmony with international obligations.
Posted on Jun 06, 2025
To challenge agency actions, one must typically file an appeal or review petition with the concerned administrative authority or tribunal. If unresolved, the matter can be taken to court through writ petitions (like mandamus, certiorari, or prohibition) under Article 226 or 32 of the Constitution, on grounds such as illegality, irrationality, or procedural unfairness.
Posted on Jun 06, 2025
Real property refers to land and anything permanently attached to it, like buildings or houses.
Personal property includes movable items, such as vehicles, jewelry, furniture, and intangible assets like stocks.
Posted on Jun 06, 2025
The criminal justice process begins with the arrest of the accused, followed by police investigation and filing of a charge sheet. The court then conducts a preliminary hearing, and if a prima facie case exists, charges are framed. This is followed by the trial, where evidence is presented, witnesses are examined, and both sides argue. Finally, the judge delivers a verdict, leading to acquittal or conviction.
Posted on Jun 06, 2025
Prenuptial agreements are legally binding contracts made before marriage that outline the division of assets and liabilities in case of divorce or separation. Their legal implications include protecting individual property, avoiding disputes, and ensuring clarity in financial matters, but they must be fair, voluntary, and not against public policy to be enforceable in court.
Posted on Jun 06, 2025
The Constitution limits government power by separating powers among the legislature, executive, and judiciary, ensuring checks and balances. It also guarantees fundamental rights to citizens, which the government cannot violate, and establishes the rule of law, meaning all actions must be lawful and within constitutional limits.
Posted on Jun 06, 2025
The role of an advocate during police interrogation or investigation is to ensure that the legal rights of the accused or suspect are protected. The advocate cannot interfere with the investigation, but can remain present during questioning, especially in sensitive cases, to prevent coercion, illegal detention, or abuse, and to advise the client on their right to remain silent and seek bail if needed.
Posted on Jun 06, 2025
Under the Rent Control Act, tenants have key rights such as protection from arbitrary eviction, fair rent, and essential services. A landlord can evict a tenant only on specific legal grounds like non-payment of rent, subletting, or personal use.
Eviction notices can be challenged by:
Filing a response in the Rent Control Court.
Proving compliance with rent terms.
Contesting false grounds or lack of notice.
Using legal aid if rights are violated.