Standard form contracts often limit genuine consent because they are pre-drafted with little room for negotiation, leading to a “take it or leave it” situation. While parties technically agree by signing, true informed and voluntary consent may be lacking, especially when there is unequal bargaining power.
Posted on Jun 06, 2025
Humanitarian intervention challenges state sovereignty but can be justified under the UN Charter when there are serious human rights violations like genocide or crimes against humanity. However, it must follow UN Security Council approval to maintain international law and prevent misuse.
Posted on Jun 06, 2025
Strict liability remains valid for industrial accidents as it holds parties responsible without proving negligence. However, absolute liability, which allows no exceptions, is often preferred for hazardous industries to ensure greater protection and accountability, especially when public safety is at risk.
Posted on Jun 06, 2025
To incorporate a company in India, the main legal requirements include:
1. Choosing a unique company name and getting approval from the Registrar of Companies (ROC).
2. Preparing the Memorandum of Association (MOA) and Articles of Association (AOA).
3. Filing incorporation documents like Form SPICe with the ROC.
4. Obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for directors.
5. Paying the prescribed registration fees.
6. Complying with the Companies Act, 2013 and related rules.
Once approved, the ROC issues a Certificate of Incorporation.
Posted on Jun 06, 2025
Legal remedies for cruelty or domestic violence include filing a complaint under the Protection of Women from Domestic Violence Act, 2005, seeking protection orders, residence orders, monetary relief, custody orders, and compensation. Criminal charges can also be pursued under Section 498A of the Indian Penal Code.
Posted on Jun 06, 2025
To prove negligence, four key elements must be established:
1. Duty of care – The defendant owed a legal duty to the plaintiff.
2. Breach of duty – The defendant breached that duty by failing to act reasonably.
3. Causation – The breach directly caused the plaintiff's injury.
4. Damages – The plaintiff suffered actual harm or loss as a result.
Posted on Jun 06, 2025
Property is generally classified into two types:
1. Real property refers to land and anything permanently attached to it, like buildings.
2. Personal property includes movable items such as vehicles, furniture, and intangible assets like stocks or patents.
Posted on Jun 06, 2025
Judicial review in administrative law is the power of courts to examine the actions and decisions of administrative authorities to ensure they are legal, reasonable, and within their jurisdiction. It acts as a check on abuse of power and protects individual rights.
Posted on Jun 06, 2025
Cross-examination is the questioning of a witness by the opposing party in a legal proceeding. Its purpose is to test the credibility, accuracy, and truthfulness of the witness’s testimony, expose inconsistencies, and strengthen the examining party’s case.
Posted on Jun 06, 2025
Article 356 can be constitutionally justified as a safeguard to maintain constitutional governance in states. However, in practice, it has often been misused for political purposes, undermining federal principles. Its use must be strictly limited, transparently reviewed, and subject to strong judicial scrutiny to align with the spirit of cooperative federalism.
Posted on Jun 06, 2025
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