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I was in an uninsured car during the accident — can I still recover damages?
Road accidents are an unfortunate reality in India, causing thousands of injuries and fatalities every year. To protect victims and ensure financial security, The Motor Vehicles Act, 19881 mandates motor vehicle insurance. However, situations often arise where a person is injured while travelling in an uninsured vehicle. This creates confusion regarding the victim’s right to compensation and the legal...
CAN INFLUENCERS BE HELD RESPONSIBLE FOR PROMOTING FAKE PRODUCTS
Social-media influencers have become a major force in modern advertising. Through platforms such as Instagram, YouTube and short-video applications, influencers promote skincare, clothing, food, financial services, educational courses and countless other products to audiences that often trust their opinions more than conventional advertisements. Their influence is particularly powerful because promotional content is frequently presented as a personal recommendation, review,...
Can Your Employer Stop You from Joining a Competitor After Quitting?
The short answer to this question widely has been generally no. Further in Indian law there is a standard stating non-compete clause that has restricted you from working for any competitor after you leave your job which is actually typically void and unenforceable. This principle has been enshrined in Section 271 of the Indian Contract Act, 1872, that states...
I PAID FOR A SENIO DOCTOR, BUT A JUNIO PERFORMED MY SURGERY – IS THAT LEGAL?
Why Patients Specifically Choose Senior Doctors :- Having an operation is often one of the most critical healthcare choices that someone might make. People normally will not opt for a particular facility due to its infrastructure alone but instead due to a particular doctor who may be experienced and knowledgeable. Older doctors are generally favored since there will always...
I bought an expensive imported machine for business use, but it stopped working and the company refuses replacement — can I sue for business loss too?
I. IntroductionIn an era of globalised trade and rapid technological integration, Indian businesses increasingly rely on sophisticated imported machinery — from precision manufacturing equipment to high-end medical devices — to sustain and grow theiFr operations. The procurement of such machinery represents not merely a commercial transaction but a strategic investment, often involving lakhs or crores of rupees, extended procurement...
Constitutional Equilibrium: The Evolving Doctrine of Separation of Powers in India
The doctrine of Separation of Power stands as core principles of constitutional governance ,incorporated in Constitution to prevent the concentration of authority and ensure liberty for the citizens.The foundation of the doctrine lies in the idea that power corrupts when left unchecked , the doctrine distributes government authorities into three wings – legislature , executive and Judiciary ,each delegated...
Triple Talaq and Gender Justice: A Critical Analysis of the Muslim Women (Protection of Rights on Marriage) Act, 2019
Marriage under any system of law entails an implied commitment — that its termination, in case it cannot be avoided, will take place with fairness and formality. The use of instantaneous triple talaq in Muslim family law, where the husband was allowed to dissolve the marriage irretrievably merely by pronouncing “talaq” thrice in a single breath, was a promise...
Procedural Lapses vs Substantive Justice: Supreme Court on Retrial Doctrine
The administration of criminal justice rests upon two fundamental pillars—procedural fairness and substantive justice. Procedural law provides the framework within which justice is administered, ensuring fairness, transparency, and protection of rights. Substantive justice, on the other hand, focuses on the ultimate goal of delivering justice based on truth and fairness. However, a conflict often arises when procedural lapses occur...
India’s Absence of Refugee Law: Need for Codification
The phenomenon of forced migration has become one of the defining challenges of the twenty-first century. Refugees, displaced by war, persecution, and environmental crises, seek protection across borders, often arriving in states unprepared with adequate legal safeguards. India, historically a host to diverse refugee populations from Tibetans and Sri Lankan Tamils to Afghans and Rohingyas has responded with a...
Mesne Profit Determination: Judicial Principles and Challenges in Assessing Compensation for Wrongful Possession
The law relating to mesne profit occupies a pivotal place in the property is civil procedural jurisprudence. It’s probed as a remedy to compensate a person who has been wrong fully deprived of the position of immovable property by any other in unlawful occupation. It is not like the damages in the tort; these are specifically linked to the...
