Common Law

1.      Case laws are very important tools to strengthen and establish our case in the court of law. 2.      Every provision of law guides / mandates / directs the courts of law to adopt certain or set of course of actions which must or preferably be taken in a specific situation. 3.      And therefore, the judges whilst confronting with the factual backdrop of a case, if so necessitated, whilst applying the principles of interpretation of laws, interpret and gather the letter and spirit of the concerned applicable laws, and then having been ascertained, (a) the factual position of the case and (b) the (interpreted) position of law, decide the issue / case before it, one way or the other. Perhaps, this is how precedents of law take birth. 4.      And, it is well settled that it is not everything said by a judge while giving judgment, constitutes a precedent. The enunciation of the reason ...

The presumption of law and consequent burden of proof has significant bearing on the length of any litigation and also on the outcome of the litigation. Just to indicate the crucialness of aforesaid legal expressions, whereas a presumption of law has the effect of shifting the burden of proof, a misplaced burden of proof may frustrate the whole trial and may result in miscarriage of justice. In this write up the aforesaid legal expressions is dealt with special reference to presumption of law in respect of negotiable instruments like Bills of exchange, promissory Notes, Cheque etc. First I will try to import the concept of presumption of law; then burden of proof; and then will apply both these expressions to negotiable instruments. It is necessary to analyze what are the rule about the rebuttable and irrebuttable presumption of law really means. Presumption of law Presumption of law implies the presumption of existence or the absence of a fact which is al...

Proceed to article Challenging the validity of laws at the prism of Constitutional philosophy Introduction of law is a basic incident of a democracy. The conception of democracy is a sentiment which desires the well being of all men. Laws were made so that the stronger might not have their way at their choices, but according to law. But first let us see what the law, and its attributes are. Section 3(29) of General Clauses Act, 1897 defines the law as any Act, ordinance, regulation, rule, order, bye-law or other instrument which has the force of law. The first incidence of Law is Rule of law. The expression “Rule of law” often springs out, whilst cultivating the crops of judgments of Apex Court and High Courts. The expression “Rule of Law” may have varied dimensions, and the most apt explanation to this expression appears to be, that, “People have an absolute / unqualified right to be Ruled / governed/ regulated by Laws in force, and not b...