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 General defences in Law of Torts General Defences in Law of Tort

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  KUSH KALRA v. UNION OF INDIA, 2020 An extra-ordinarily landmark judgement of the Supreme Court pertaining to COVID pandemic circumstances. The apex court in its ruling in the above-mentioned case prohibited pasting of posters outside the residences of COVID-19 patients announcing home isolation or health status. The Supreme Court noted in due course of hearing that the hard reality is many such patients are treated as untouchables. Background: Mr. Kush Kalra, a Delhi based advocate filed a PIL in Supreme Court, seeking its directions to stop pasting posters outside COVID-19 patients. He argued that it violates Art. 14 of the Constitution as those people are then not treated equally in society. Moreover, it violates the Right to Privacy(Art. 21) of an individual. He also sought an end to the revealing of names of COVID-19 patients by the Health Department. He also brought into notice that no such guidelines had been issued by the Central Government to the State Governmen...

 Characteristics of Indian Legal System The Constitution of India provides for a single integrated judicial system with Supreme Court at the apex, High Courts at the middle (state level) and the District Courts at the local level. It also provides for an independent and powerful judicial system. The following are the basic characteristics of the Indian Legal System: 1. Single and integrated Judicial System: The constitution establishes a single integrated judicial system for the whole of India.  The Supreme Court is the highest court of the country followed by High Courts and District Courts. The Supreme Court runs and controls the judicial administration of India. All courts of India form links of a single integrated judicial system. 2. Independence of Judiciary The Constitution makes Judiciary truly independent with provisions like: Appointment of Judges by the President. High qualifications for appointment of judges. Independent establishment for Judiciary. Adequate power...

  What is Justice? Disclaimer: The following content is the sole opinion of the author. Justice in dictionary terms mean just and fair treatment for anybody and everybody.    It's a virtue bestowed upon by GOD to us (a few of us).  Justice is the very foundation of the legal system. The society seizes to exist without Justice. Justice means to do what is correct in respect of the prevailing circumstances. According to me, Justice is the incarnation of honesty, fairness & rightness combined. Justice means to ensure that the person gets what he/she deserves, not a little less not a little more. The Justice in one case can be injustice in another. What Justice is, depends on the circumstances and varies from situation to situation. Killing someone is punishable but killing in self-defence is not. So, the implication of Justice is different for both cases. Doing Justice does not mean to browbeat, but doing what a reasonable mind would have done with all due pru...

Theft v. Robbery v. Dacoity ( चोरी , लूट और डकैती ) Theft, robbery and dacoity are terms that are generally used interchangeably and assumed as a synonym to one-another. But in law, they are not the same. They have different meaning and distinct essential characteristics. Let’s analyze each of them. 1.       1.  Theft ( चोरी) : Theft is defined under Section 378 of the Indian Penal Code.   (Image source: https://www.gps-securitygroup.com/how-to-prevent-theft-and-shoplifting-at-your-retail-store/) Theft is committed when somebody takes out some movable property (i.e. which can be moved e.g. car, money, animals etc.) out of the possession of the owner without his consent and with a dishonest intension to steal it. The victim may or may not be present at the site of theft. Illustration : Suppose a friend of yours comes to your house when you are not there. He sees a gold ring lying on a table. He hides it with the intension of telling you ...

  Doctrines under Art. 13 of the Indian Constitution Art. 13(1) of the Indian constitution constitutes two doctrines so as to protect the existence of Fundamental Rights. Fundamental rights are the most precious gifts that our constitution offers to its citizens. They are above every other law(though with reasonable restrictions). To protect the existence and subsistence of these fundamental rights, two doctrines are originated under Art 13(1) of the Constitution. Art. 13(1) of the Constitution reads as : ‘ All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.’   Thus, art. 13 (1) talks about pre-constitutional laws. As per Art. 13 (1), all the laws before the enactment of the constitution (pre-constitution laws) that are not in consistence with the Fundamental Rights shall be adjudicated void. ...