Criticism of Austin’s theory of Positivism
Criticism of Austin’s theory of Positivism: Our Legal World Criticism of Austin Theory or Positivism Theory Introduction Many thinkers and jurists compared Austin’s ideas with Bentham’s and concluded that Austin’s theory is more acceptable in modern societies. The positive movement is believed to have started in the early 19th century. It emerged as a reaction […]
QUO WARRANTO :- Legal Maxim
Quo Warranto : Latin Maxim- Our Legal World Introduction Quo-warranto is the name of the writ by which an action is commenced for recovering of an office of franchise from the person or authority possessing the same without valid title to the office and/or usurping the same. It is the remedy which is applied by […]
Legal Maxims related to the Law of Torts
Legal Maxims related to the Law of Torts Introduction The legal maxims are very concise on nature, these maxims are often used in the law as a fundamental rule or principle and has to be followed by the society, Legal maxims are necessarily used to avoid the long definition. There are some legal maxims which […]
Pendente Lite Nihil Innovetur- Legal Maxim
PENDENTE LITE NIHIL INNOVETUR Literal Meaning of the Legal Maxim Nothing Should be Changed throughout the Pendency of an action Origin Latin Explanation Doctrine of lis pendens is predicated on legal maxim ‘lite pendente nihil innovetur’ which means during Legal Proceedings Nothing New should be Introduced. This doctrine stood embodied in Section 52 of the Transfer of Property Act 1882. […]
IGNORANTIA JURIS NON EXCUSAT : LEGAL MAXIM
IGNORANTIA JURIS NON EXCUSAT : LEGAL MAXIM Ignorance of the law is no excuse We can put the meaning of word ‘the law’, as the regime that orders human activities and relations through systematic application of the force of politically organised society or through social pressure in such a society. In the legal system all […]
AUDI ALTERAM PARTEM- Legal Maxim
AUDI ALTERAM PARTEM- Legal Maxim Introduction The principle of natural justice is been developed by the courts. In order to receive justice from the administrative agencies, the judgement been given by the courts should be fair and reasonable. The rule of natural justice provides with no partiality during any activity. It treats every act equally […]
RESPONDEAT SUPERIOR- Legal Maxim
Respondeat Superior- Legal Maxim:- Our Legal World The liability of a superior for the acts of a subordinate. We all live in a civilized society and hence all have some legal rights. The law ensures the enforceability of the same, through the liabilities. According to the law, liabilities can be classified into ‘direct liabilities’ and ‘vicarious or […]
LEGAL MAXIM: DOLI INCAPAX- Our Legal World
DOLI INCAPAX- Legal Maxim- Our Legal World MEANING Doli incapax is the principle of criminal jurisprudence which states the criminal liability of children. It basically means ‘incapacity of child’ which states, that a child cannot be held legally responsible for the acts or action and also cannot be convicted of a criminal offence. As per […]
LEGAL MAXIM: OBITER DICTA:- Our Legal World
Legal Maxim :- Obiter Dicta Introduction According to Article 141 of the Constitution of India, the law declared by the Supreme Court shall be binding on all courts within the territory of India. In previous article we saw that only ratio decidendi of the judgment forms a binding precedent. Opposed to the ratio decidendi stand obiter dicta. […]
LEGAL MAXIM: Ratio Decidendi- Our Legal World
Ratio Decidendi According to Article 141 of the Constitution of India, the law declared by the Supreme Court shall be binding on all courts within the territory of India. It is not like that the whole judgment is binding but the ratio decedendi of the judgment, which constitutes a binding precedent. Ratio decidendi is a […]