Shubhi_3014

Author Archives: Shubhi_3014

Expert Evidence and Relevancy of Character

Expert evidence and relevancy of character are dealt under section 45 to section 55 of Indian Evidence Act. Expert Opinion The courts have been accustomed to act on the opinion of experts from the early time. The reason is obvious. There are many matters which require professional or specialised knowledge which the court may not possess and me,… Read More »

Nature, Purpose and Function of Law

MEANING AND NATURE OF LAW Law is the subject-matter of jurisprudence since the latter deals with the study of law. In its most general and comprehensive sense, it means any rule of action and includes any standards or pattern to which actions are or ought to be confirmed. Blackstone defines law as “it signifies a rule of action… Read More »

Sociological School of Jurisprudence

The sociological school considers law as a social phenomenon and examines the law in relation to society. Introduction Comte was the first writer to use the term sociology which he described as a positive science of social facts. Subsequently, writers and jurists tried to find a link between sociology and law. Gurvitch, for example, said that the meeting… Read More »

Analytical School of Jurisprudence

Analytical School of Jurisprudence | Overview Introduction Background Exponents of Analytical School Bentham Austin Holland Salmond Tenets of analytical School Kelson’s pure theory of law Criticism Introduction Analytical school is also known as the Austinian school since this approach is established by John Austin. It is also called as an imperative school because it treats law as the… Read More »

Concept Of State And Sovereignty

The origin of State has been a favourite subject of speculation. The Greeks organised city-states which according to them had a divine origin. And sovereignty is one of the chief attributes of statehood. This term was for the first time introduced by the French political thinker Jean Bodin… STATE Salmond defines State as “an association of human beings established… Read More »

Remedies available under Specific Relief Act, 1963

INTRODUCTION In order to provide reliefs in cases relating to contracts, torts and other cases Specific Relief Act, 1877 was enacted. This legislation had become necessary because the Indian Contract Act,1872 provided only the relief of compensation in case of breach of contract. It was found that there might be situations wherein the grant of compensation would not… Read More »

Inheritance under Muslim Law

Inheritance under Muslim Law | Overview RULES OF INHERITANCE OF PROPERTY Birth right Rule of Representation Rule of Distribution GROUNDS OF DISQUALIFICATIONS MURDERER ILLEGITIMATE CHILDREN WIDOW CHILD IN THE WOMB ESCHEAT DIFFERENCE OF RELIGION Theory of Propinquity Case Laws The Islamic Law of inheritance is a combination of the pre-Islamic customs and the rules introduced by the Prophet. Whatever… Read More »

Authorities & Notice of Change under Industrial Dispute Act 1947

Authorities & Notice of Change under Industrial Dispute Act 1947 | Overview Works Committee (Section 3) Conciliation Officer (Section 4) Boards of Conciliation (Section 5) Court of Inquiry (Section 6) Labour Court (Section 7) Labour Tribunals (Section 7- A) National Tribunals (Section 7 B) AUTHORITIES under Industrial Dispute Act The Industrial Dispute Act, 1947 talks about disputes that… Read More »

Penalties under Industrial Dispute Act 1947

Penalties under Industrial Dispute Act 1947 Industrial Dispute Act 1947 act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. The act lays down penalties for various offences. They are as follows:- Section 25Q – Lay-Off or Retrenchment without prior permission – Contravening the provisions of Section 25-M or 25-(N) || Penalty – Workman… Read More »

History and Development of Trade Union in India

History of Trade Union in India The trade union of India was historically developed from the trade union movement of India. Trade union movement in our country has a century-long history. The first quarter of the present century saw the birth of the trade union movement, but the seeds of the movement were sown much earlier. In the twenties,… Read More »