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Showing posts from March, 2025

Negligence

Medical negligence The negligence of the doctors and the hospital management are liable in law of torts and the necessary damages should be paid to the aggrieved. Case laws Dr.Tokugha V Apollo hospitals ltd The appellant is a doctor who was found to be a hiv + patient by the hospital and the hospital revealed the information to his fiancee due to which his marriage got suspended. The appellant filed the case in Bombay high court that revealing the information of a patient is a violation according to Indian medical council and it is violating article 21 right to privacy. Judgement  The case came in favour of the hospital saying that marriage is related to another person’s life considering the life liberty of woman and on moral reasons it is not a violation of article 21 the right to privacy .

Article 21

Right to privacy   Case law  Saretha v vengadasubbaiah The appellant filed a petition in the Andhra high court against the order of the lower courts for cohabitation  The defendant filed RCR ( restitution of conjugal rights) Using sec.9 of Hindu marriage act The appellant  being a famous actor was not interested in procreation of children and cohabitation. The body which is her personal body, she has the privacy to use her body for procreation of children and in this case rcr is a violation of right to privacy under article 21. Judgement   The case was in favour of Sareetha. Telephone tapping -it is an infringement of right to privacy The tapping of telephones of citizens is a violation of article 21 and should not be tapped unless it creates any public disorder. The tapping of telephone should be done with the permission of home Secretary and the copies of records should be deleted as soon as the citizen proves that the conversation does not bring any harm to t...

R.Rajagopal V state of tamilnadu

Appellant - R .Rajagopal Respondent - state of tamilnadu Facts of the case - The appellant filed a writ in the supreme court asking for a prayer not to have any restriction from the government of Tamil nadu , prison officials to publish the auto biography of autoshankar. Judgement - The judgement came in fAvour of the appellant to public the article in his magazine nakkeran.

TRANSFER OF PROPERTY

Transfer of property act 1882 Transfer to unborn person s.13 Vested interest s.19 Contingent interest s.21 Conditional transfer s.25 Election s.35 Specific transfer   Sale s.54 Mortgage s.58 Rights and liabilities of mortgagor   Right to redemption  ,clog to redemption  Rights and liabilities of mortgagee  Right to foreclosure  Lease s.105 Gifts  s .118 Exchange s. 122 Transfer of actionable claims  Indian Easement act 1882  Servitude  and dominant heritage Types of easement  Continuous  Discontinuous  Apparent  Non apparent  Incident of easement Acquisition suspension revival  Disturbance of easement  Case law Dhanya Bai v jivan Licence 

FAMILY LAW

It deals with Mahomedan law (shia and sunni) Schools of Muslim law   Hiba   Wakf Marriage  Prompt dower  Deferred dower  Mahomedan divorce   Iddat  Talak ahasan  Talak hasan  Talak albain  Kula  Mubaarat  Talaq by taqwiz Hindu marriage act 1955 Hindu adoption and maintenance act 1955 Hindu minority and Guardianship act 1956 Special marriage act 1954 Hindu succession act Intestate succession  Law of Wills divorce act 1869 Indian succession act Christian marriage act 1872

LAW OF TORTS

Tortious liability Injuria sine damno Ashby v white Damnum sine injuria  Case laws Gloucester grammar school Mogul steam ships v mcgror Usha Ben v Chitra mandir  Vicarious liability Principal and agent Master and servant  Third party contractor  Absolute liability Defamation MGM pictures v mohamyoussoup Ramjeth melani v subramaniya sami  Slander and libel  Innuendo  Defence Absolute privilege  Case laws Ramjeth Melani v subramaniyaswami Negligence Contributory negligence  Remoteness of damage  Trespass Nuisance - private and public Assault and battery  Liability of dangerous chattels   Liability of animals  Scienter rule Case law  Behren birram circus  Cattle trepass   Ordinary liability in cup  Trespass to goods  Detenue   Conversion  Interference with contract or business  Conspiracy   Mogul steam ships case  Passing off General defence   Volenti ...

LAW OF CONTRACTS

Indian contract act 1872 Deals with  Offer ( implied , express , general) Acceptance  Consideration (s.2d) Contract  Capacity (s.11) - minor , lunatics  Discharge of contract(s.31-67) Performance of contract   Doctrine of frustration   Breach of contract   Anticipatory breach    Present breach  Remoteness of damage Rule in hadley v baxendal Unlawful contracts - void  Wagering contract - void  Quasi contract  Special relief act 1963 Specific performance of contract  Declaratory decree Injunction   Temporary   Permanent Mandatory  Indemnity  Contract of guarantee  Coercion or duress or menace Undue influence  Fraud Misrepresentation  Mistake   Quasi contract 

LAW OF CRIMES

The Indian penal code has more than 500 sections of crimes classified . It was written by lord maucghaley Recently the name and sections have been changed into  BNS -bharatiya nyaya sanhita The IPC is a substantial law NEGLIGENCE Offences relating to marriage Public Nuisance s.270 Bribery s.170 Defamation s.356 Criminal intimidation  s.351 Criminal trespass s.329 House breaking a.330 Affray Riot Unlawful assembly    Criminal conspiracy Culpable homicide s.100 Murder s.101 Abetment to Suicide Abduction s.138 Kidnapping s.137 Offences related to property  Dacoity s.310 Robbery s.309 Extortion s.308 Theft s.303 Criminal breach of trust  Criminal misappropriation of property  Wrongful restraint  Wrongful confinement  Grevious hurt s.116 Hurt s.114 Right to private defence s.34-44

JURISPRUDENCE

Science of jurisprudence Civil - law of land It deals with the administration of land  systematic, historical, critical  Systematic - deals with law at present Historical- deals with past sources of law Critical - future laws international - law between states  natural jurisprudence - natural law and justice  English and foreign jurisprudence  English jurisprudence derives it structure of law either from legislation or precedent  Foreign jurisprudence- until the precedent superseded   the custom it was the law of land for Germany and Rome  Schools of jurisprudence   Sources of law   Custom     Precedent     Legislation   Administration of justice State Ownership   Possession   Titles Procedural law and substantive law Persons Law of obligation  The god is not a natural person but it is legal or juristic person.

CONSTITUTION

The constitution is supreme The constitution was enacted in 26 November 1949 But came into force on 26 January 1950 The chairman of the drafting committee was Dr. Ambedkar Salient features of the constitution  Preamble  Citizenship (5-8) Fundamental rights (12,13) Right to equality (14,15,16) Abolishment of untouchability-17 Abolishment of title -18 Right to life liberty (19,20,21) Article 21 Right to freedom of religion (25-28) Cultural and educational rights  Article 36-51 Fundamental duties(51-A)