Author: Srishti Rajpoot

This article is written by Srishti Rajpoot, a 2nd year law student at Gautam Buddha University. A precedent is purely constitutive and in no degree abrogative. This means that a judicial decision can make a law but cannot alter it. Law becomes certain and known and that in it is a great advantage. It is conducive to social development; administration of justice becomes even-handed and fair. Methods of Judicial Decisions- Two methods of judicial decisions are there, Deductive and inductive. In the case of deductive method the general legal rule is already fixed and certain and the same is applied…

This post is written by Srishti Rajpoot, a 2nd year law student at Gautam Buddha University This article tries to define Contract of indemnity and guarantee. Also lastly it differentiates between them. Contract of Indemnity The word indemnity means a protection against loss. Especially in the form of a promise to pay, or payment for loss of money, goods, etc. Under Indian Contract Act 1872 the concept of contract of indemnity is covered under section 124. As per this section contract of Indemnity means ‘A contract by which one party promises to save the other from the loss caused to…

This post is written by Srishti Rajpoot, a 2nd year law student of Gautam Buddha University. Definition of Law- Cicero said that law is “the highest reason implanted in nature”. Pindar called law as “the king of all both mortals and immortals”. Blackstone writes “Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of actions, whether animate or inanimate, rational or irrational”. According to Vinogradoff, law is a set of rules imposed and enforced by a society with regard to distribution and exercise of powers over persons and things.…

This post is written by Srishti Rajpoot, a 2nd year law student from Gautam Buddha University. Austin’s theory of law- This theory is called as the imperative theory of law. According to Austin, positive law has three main features. It is a type of command. It is laid down by a political sovereign. It is enforceable by a sanction. According to him request, wishes etc. are expression of desires, while commands are expressions of desire given by superior to inferior. The relationship of superior to inferior consists of Austin in the power which the former enjoys over the other, i.e.…

This post is written by Srishti Rajpoot, a 2nd year law student from Gautam Buddha University. This is the age of corona crisis. However we must not forget about other problems. Similar problems which are important to consider are crimes against women. Even in 21st century it’s a harsh reality of the Indian society that such crimes against women still is on top list of crimes. In crimes against women, rape, sexual assault, domestic violence were on top. But recently due to many reasons another crime is increasing. This is chain snatching. By seeing the present trend of increasing chain…

Name of the case- G. Achyut Kumar vs. State of Odisha CRLA No. 940 of 2019  Court- High Court of Odisha Date of Judgment- 21st May, 2020 Applicable laws- Section 375, 376, 493, 313 and 493 of IPC Section 3(2)(v) SC & ST (PoA) Act, 2015 Name of Judge- Justice S.K. Panigrahi Referred cases- Jayanti Rani Panda vs. State of West Bengal and Ors. 1984 Cri.L.J. 1535 (Calcutta) Hari Majhi v. The State 1990 Cri. L.J. 650 ( Calcutta) Mir Wali Mohammad vs. The State of Bihar 1990(2) PLJR 375 (Patna HC) Arak Sk. vs State of West Bengal 2001…

This post is written by Srishti Rajpoot, a 2nd year law student from Gautam Buddha University, Greater Noida. Introduction- Indian judiciary is one of the three pillars of democracy. The Indian Supreme Court is the most powerful courts of the World. It is a guardian or protector of law in our country. It gives justice to the people, interpreted various laws and their application and also makes laws. Judiciary is independent of any other organ of our democratic country; due to its independence, people have faith in the judiciary. They have a confident and fearless opinion about the judicial system…

This Article is written by Srishti Rajpoot, a 2nd year law student from Gautam Buddha University, Greater Noida. The greatest challenge since World War II i.e. corona virus is at its peak nowadays. Almost all the countries in the world are affected by it now. The states are using their full power, their whole resources to fight with the unseen virus. Testing and treatment of patient, contact tracing, ban on travel in various countries, canceling gathering, closing of shops, restaurants and bar are part of strategy followed by the states. However in such global health crisis, when mostly states are…