DOCTRINE OF TERRITORIAL NEXUS. Evolution: The territorial operation of law is evolved in India in the Government of India Act, 1935 which was made by the British Parliament. Pre-Independence, it is dealt in the Government of India Act, 1935 which is applied to the territories in India. After independence, it is dealt with in the constitution of India.
View DetailsDOCTRINE OF RES GESTAE. Evolution: The rule of res gestae has its origin in the case of Thompsan V. Trevanion in 1963. Subsequently in 1736, in case of Ambrose V. Clendon held that declarations are admissible if concomitant with facts. This concept
View DetailsDOCTRINE OF HOLDING OUT. Evolution: The doctrine of holding out is traced back to the partnership act, 1890. It is also known a partnership as estoppels. Every partner is liable to the firm individually but this doctrine creates a liability of the third party to the firm because the principle of estoppel is applied to the doctrine of holding out.
View DetailsDOCTRINE OF SUBROGATION. Evolution: The doctrine of subrogation is normally arises in the contract of insurance. The term subrogation is derived from the Latin term sub which means “under” and rogate means “to ask”. The contract of insurance had the elements of subrogation which is the fundamental principle in case of loss. This doctrine is applicable to all property and liability but not applied to personal accident and life insurance policies though they are not the contract of indemnity.
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