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Common Law Principles

Common Law Principles

Doctrine of Res-Judicata Vis-à-vis IPR Infringement

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Introduction: The principle of Res judicata traces back its origin from the common law. Though its inner foundations come from Roman law, common law introduced it all across into the world of law. We find this principle in every pit and corner without actually finding its explicit validity. Be it Read more…

By Vithika Singh, 5 years07/08/2020 ago
Common Law Principles

Deep Pocket Theory: Legality

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Introduction: The deep pocket theory originally came from American Slang which means extensive financial wealth and resources. Primarily it was used about companies and organizations or individuals, who have substantial financial resources. In 1970 deep pocket theory became popular in terms of litigation. In ambient of law, the defendant is Read more…

By Rajshree Shekhar, 5 years29/07/2020 ago
Common Law Principles

Habeas Corpus

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Introduction: Habeas Corpus is an ancient common-law writ which is issued by a court or judge directing the government or the officials to bring the person under arrest before the court or judge to check whether the person has been detained lawfully. It is prevalent mostly among the common law Read more…

By Parth Nitin Bode, 5 years13/07/2020 ago
Common Law Principles

International Law: Introduction, Scope, and Sources

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Introduction: The world is changing rapidly since time immemorial. As the technology, laws, rules, culture, food practices change, so does the adaptability of any country to these factors change. All the countries in the world are somehow dependent on each other for trade, education, technology, tourism, etc. Globalization has made Read more…

By Sulekha Punyani, 5 years15/06/2020 ago
Common Law Principles

Doctrine of Res-Gestae

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Introduction: The most complicated area of criminal jurisprudence is the tool of proving, what type of evidence is presented for proving in a court of law. Here is one of the principles of the law of evidence is Res Gestae. Res Gestae is a Latin term which means “Things done”. Read more…

By Shivi Chola, 5 years11/06/2020 ago
Common Law Principles

Theories of Contract: Brief

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Introduction The law of contracts is an evolving concept based on the theories propounded by various scholars to explain the liability and obligations arising due to a contract upon the parties entering into it. The theory holds significance in the law as the common law as well as the Indian Read more…

By Ishita Agarwal, 5 years09/06/2020 ago
Common Law Principles

The Nature of Customary International Law

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Introduction: International Law has an aspect that is known as International Customary Law that dwells upon the principles of custom. Along with treaties, recommendations, and principles of law, the custom has been considered as a primary source of law by the International Court of Justice, United Nations, and the member Read more…

By Haritha Dhinakaran, 5 years08/06/2020 ago
Common Law Principles

Doctrine of Estoppel

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Introduction: The term ‘estoppel’ has been derived from the term ‘allegals contraria non est audiendus’, which means a person alleging contradictory facts should not be heard. Principle of Estoppel was first used in the case of Pickar v. Sears[1], where the court stated that any person who by his words Read more…

By Ayush Singh Negi, 5 years06/06/2020 ago
Common Law Principles

Judicial Review in India

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Introduction Judicial review is a significant weapon in the hands of judges. It consists of the power of a court to hold unenforceable and unconstitutional any law or order based upon such law or any other action by a public authority which is incompatible. The judicial review may be explained Read more…

By Janhavi Deshmukh, 5 years30/05/2020 ago
Common Law Principles

Exhaustion of Rights in Perspective of Intellectual Property Rights

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Introduction Intellectual property refers to the creation of mind which is fresh and original. Such as invention, artistic and literary work, symbols, and names used in commerce and design. Intellectual property rights are the rights given to a person for his/her creation of the mind. It gives the creator the Read more…

By Anurag Singh, 5 years08/05/2020 ago
Common Law Principles

Public Domain: Principle and Application

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Introduction In India, the manifestations of innovative ideas can be protected under intellectual property laws like The Copyright Act 1957, Patents Act 1970, The Trade and Merchandise Act 1958, and so on. These creative works are protect to make sure that individuals can reap the benefits of their inventions. In Read more…

By Renuka Nevgi, 5 years06/05/2020 ago
Common Law Principles

Evolution of the Doctrine of Indoor Management

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Introduction The doctrine of indoor management aims and operated to protect outsiders from a company.  It entitles the outsiders to assume that all acts and internal procedures comply with the documents in possession of the Registrar of Companies. The outsider who is entering into a contract with the company needs Read more…

By Saloni Thawani, 5 years05/05/2020 ago

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