Introduction: “Written laws are the formulas in which we endeavor to express as concisely as possible that which, under such or such determined circumstances, natural justice demands.” – Victor Cousin[1]. Each of us like you and me go to the court with the expectation of getting natural justice. On the Read more
Introduction: Case laws have been integral for the law systems as well as law students. They not only fetch students extra marks in exams, but also set as an example in the judiciary system. Meaning of Common Law Common law, also known as case laws, is a set of Read more
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
Introduction In 1606, the statute which established the Court of Requests in England introduced the doctrine of “equity and good conscience” for the first time in history. The commissioners of the Courts of Request required it to make such orders “as they shall find to stand with Equity and Good Read more
Introduction Common law is a body of unwritten laws which supportes legal precedents established by the courts. Common law influences the decision-making process in unusual cases. In this the result can’t be determined supported existing statutes or written rules of law. Meaning According to common law, judges must consider the Read more
Introduction to the general principle of “Duty of the utmost Good Faith” The Common law principle of “Duty of the utmost good faith” (also called uberrimae fidei) refers to the minimum legal obligation of the parties entering a contract to act honestly and not mislead or withhold critical information from Read more
The birth of law and the role of custom Indian Courts face frequent confrontation and discussion upon the matter concerning the relevance of custom’s as a source of law in India. This includes the question of whether relevancy lies or not in respect to the dynamic, flexible and uplifting nation Read more