Legal Angle

Legal Angle - September 2020 - Issue 01

Legal Angle - September 2020 - Issue 01

The doctrine of stare decisis has its root from the 18th century in England common law. In India, the doctrine came into existence during the British Rule. The British Rule establishes the Sardar Diwani Adalats and the Supreme Court at Bombay, Culcutta and Madras.

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Legal Angle - August 2020 - Issue 04

Legal Angle - August 2020 - Issue 04

The doctrine of double jeopardy has been traced back to Roman Law in the principle bis in indem which states an issue once decided must not be raised again. The American Constitution incorporated the doctrine of double jeopardy in the Fifth amendment. The Constitution of India provides protection against the double jeopardy under Art.20(2). The autrefois convict or double jeopardy has been enshrined as the fundamental right in the Indian Constitution. It has its roots in the well-established maxim of the English Common law, Nemo debit bis vexari which means the man must not be punished twice for the same offence.

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Legal Angle - August 2020 - Issue 03

Legal Angle - August 2020 - Issue 03

DOCTRINE OF VICARIOUS LIABILITY. Evolution: During the early period of the Anglo-Norman period, when the act is done with the consent or command of the master the liability of the wrongs of the servant is changed to the liability of the master. It is generally applicable to civil cases and exceptionally it is applicable to criminal cases. Under English law, the state cannot be liable to the wrong committed by its servant. It is based on the principle of Rex nonpotest-peccare which means the king cannot do any wrong.

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Legal Angle - August 2020 - Issue 02

Legal Angle - August 2020 - Issue 02

DOCTRINE OF LIFTING THE CORPORATE VEIL. Evolution: The doctrine of lifting the corporate veil has been traced from 1877 in the case Saloman V. Saloman & Co. Ltd., (1897) A.C. 22. From 1897 to 1966, this doctrine has experimented with different approaches. Later, from 1966 to 1989 the rules laid down in Salomon’s case encouraged the doctrine of lifting the corporate veil. The doctrine of corporate veil is the principle of common law which has its applicability in India.

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