Posts

Showing posts from 2018

CASE STUDY ON BOULTON VS. JONES {1857} 2H AND N564

SYNOPSIS 1 CASE 2 INTRODUCTION 3 FACTS 4 ISSUES 5 HELD 6 COMMENT INTRODUCTION This case is based on the offer made to a particular person. In Contract Law, an offer is a promise in exchange for performance by other party. An offer can be revoked or terminated under certain conditions . KINDS OF OFFER There are two kinds of offer which are as follows:- GENERAL OFFER – General offer is made to the public at large. It may be accepted by any person who fulfills the necessary conditions. SPECIFIC OFFER – Specific offer is made to a particular person. No right of action accrues to persons other than those to whom the offer is made. FACTS The defendant i.e. Jones sent a written order for goods to a shop which is owned by Brocklehurst and which was addressed to him by name. Unknown to the defendant, Brocklehurst had earlier that day sold and transferred his business to Boulton.But Boulton fulfilled the order and delivered the goods to the defendant without not

Case study on PRAKASH vs. PHULAVATI & ORS (2016) 2 SCC 36

Tag: PRAKASH V. PHULAVATI (2016) 2 SCC 36 Ø In   The Supreme Court of India Ø Civil Appeal Jurisdiction Ø PRAKASH & ORS…. APPELLANTS VERSUS PHULAVATI & ORS....RESPONDENTS Ø Adarsh Kumar Goel J and   Anil R. Dave J Ø Judgement by Adarsh Kumar Goel J Ø Decided on October 16, 2015 Ø Publication on February 16, 2016 INTRODUCTION In this case Law on prospective vs. retrospective operation of legislation explained. The Hindu Succession (Amendment Act), 2005 which came into effect on 09.09.2015 and by which daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers applies only if both the father and the daughter are alive on the date of commencement of the Amendment Act.     FACTS   In this case the Court has dealt with the question of retrospective application of Section 6 (1) of the Hindu Succession Amendment Act, 2005

Research article on MEDICAL JURISPRUDENCE: AN INDIAN LAW PERSPECTIVE

MEDICAL JURISPRUDENCE: AN INDIAN LAW PERSPECTIVE ABSTRACT Medical Jurisprudence is the branch of science and law which involves the study and procedure of scientific and medical knowledge to the legal problems. Basically there is need of medicines in case of any problem to the patient which is prescribed by the medical practitioner. It basically deals with the legal facts. If in any case the doctor does any type of mistake then he is liable for that patient and he will be produced in the court with legal evidence. INTRODUCTION Medical jurisprudence may be involved in cases concerning genetic relationships (for example - paternity testing) or injury or death resulting from violence. [1] Medical Jurisprudence basically involves the relationship between the doctor and a health care provider such as nurse, doctor, dentist or any type of dentist etc. The law provided various types of standard and principles which gives a right to the patients to claim compensation in case of any

Case study on DEVIKA BISWAS V. UNION OF INDIA AND ORS. 14.9.2016

TITLE OF THE CASE                  - Devika Biswas v. Union of India and Ors.    APPELLANT                                 - Devika Biswas         REPONDENT                                - Union of India and Ors. CORAM                                           - Madan B. Lokur and U.U. LALIT, J.J. COUNSEL OF APPELLANT        - Sr. Adv. Jugal Kishore Gilda COUNSEL OF RESPONDENT    - Advocate Kabir Dixit COURT                                                 - In the Supreme Court of India DECIDED ON                                     - 14.09.2016   Writ Petition (Civil) No. 95 of 2012 Under Article 32 of the Constitution of India SUBJECT – Constitutional law related with the Sociological Jurisprudence and Medical Jurisprudence ACTS/RULES/ORDERS Constitution (42 nd Amendment Act, 1976), Constitution of India – Article 21 and 32 FACTS :- The petitioner Devika Biswas is a public spirited individual of Araria District in Bihar. She is a health rights Activi

Concept of Cross-Examination under Professional ethics

Tags: Cross-examination, Ethics CROSS EXAMINATION ABSTRACT Cross – examination is basically used for the questioning for the witnesses or the other party which is done in a trial and it may be done in a civil or criminal cases. Normally it is done for checking the accuracy of the witness. Every party has a right to do cross examine. It is not always mandatory but it can be done on the certain conditions or under some compulsory situations. Generally a witness can say truth or lie depends on him so for them the cross examination process begins. This process basically helps the officers or investigators to re check that the witness produced by the parties is right or wrong. WHAT IS CROSS – EXAMINATION? Cross – examination is used to question for the witness which is done in a trial and it can be done in civil and criminal cases. It is more preferable than the direct examination because in cross – examination there is no chance of making a story or saying different answers in d