Legal Angle

Legal Angle - February 2021 - Issue 01

Legal Angle - February 2021 - Issue 01

DOCTRINE OF LACHES | Evolution: This doctrine was traced back to the centuries where the King used to rule their territories. It was developed where the plaintiff in equity delayed the filing of petition which shall be barred by the limitation and therefore, the relief was denied on the basis of laches even though there is no specific prejudice was shown to the defendant.

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Legal Angle - January 2021 - Issue 04

Legal Angle - January 2021 - Issue 04

DOCTRINE OF PROPORTIONALITY | Evolution: The doctrine of proportionality has its origin in the European administrative law invoked in the Wednesbury unreasonableness which is a tool for challenging administrative actions. The principle of proportionality in India is based on the Indian Constitution which ensures fundamental rights. It is envisaged in the Art.14 of the Constitution deals with an administrative action which can be reviewed by the judiciary.

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Legal Angle - January 2021 - Issue 03

Legal Angle - January 2021 - Issue 03

DOCTRINE OF COMMON EMPLOYMENT | Evolution: The Doctrine of Common Employment has its origin in English Law. This doctrine is applied in 1837 in a case Priestly V. Fowler [1837] 150 E.R. 1030 followed by Hutchinson V. York, New Castle and Berwick Rail Co. (1850) 5 Ex 343, Which was finally established as a part of English Law. In India, Workmen’s Compensation was introduced in the Year 1926, which is introduced in England borrowed from Germany.

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Legal Angle - January 2021 - Issue 02

Legal Angle  - January 2021 - Issue 02

DOCTRINE OF FACTUM VALET | Evolution: The doctrine of factum valet is dealt with by the author of Dayabhaga and recognized by the followers of the Mitakshara. It is originated from the Roman maxim “Factum Valet Quod Fieri Dabuit”. This theory was introduced to justify the girl’s marriage who was given away by her parents. The doctrine of factum valet is ineffective in curing the act done in contravention of the mandatory things. Therefore, if the marriage was once performed and solemnized, it is valid even though if it is done without consent. While enforcing Hindu Law, the British Courts enforced the doctrine of factum valet is applied to equity, justice, and good conscience.

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