LEXIS AND COMPANY

  First Information Report (FIR) and Charge First Information Report- Under section 154 of the criminal procedure code, it is a process by which officially police persons are informed about a particular incident, which either took place or there is a probability of any kind of hazard or probable offence. The prime objective is to take immediate action by police persons to stop the particular offence as early as possible,  at the same time to catch the culprit or offender as soon as possible.  the first information report can be launched either by any person or by the police person in a suo- moto ( on its own initiative).  Only plain paper written complaints submitted it should be properly signed. there should mention The date and time of the lodging of First Information Report,  because all these matters will be vital at the time of the cross- examination or further inquiry. On the basis of this written complaint of printed form is filled up properly, Which is known as First Informatio

  Introduction: The landmark judgement given in the case of Bangalore Water Supply v. R. Rajappa was a huge step towards the definition of Industry. Due to lack of statutory definition, the term industry has been misinterpreted in a very negative way. And because of that, governments, organizations and other association have used it for their own benefits. But with the gradual development and court rulings, this term has been expanded widely. The above mentioned landmark case was a turning point in the wide scope of definition of industry. What is Industry?  There are many definitions of industry. But in simple words, Industry means an organization where there is cooperation between workers and employees related to production of goods and services. Section 2(j) gives the definition of industry which was explained by the supremecourt in Bangalore Water Supply Case. The court gives three test and held any activity will be industry if it fulfills three tests . Issue:  As, there was ambui

  CONCEPT OF DUTY OF CARE In ordinary usage, the word ‘negligence’ indicates unimportant carelessness. In legal sense it implies disappointment to work out standard of care which the practitioner as a sensible man ought to have worked out within the circumstances. In common, there's a legitimate duty to require care when it was sensibly predictable that failure to do so was likely to cause harm. Negligence could be a mode in which numerous sorts of hurts may be caused by not taking such satisfactory safety measures. Negligence occurs when one fails to take reasonable care to avoid causing damage to another person. It applies to both individuals and businesses. There are several factors that need to be satisfied for an individual or a company to successfully sue for negligence. These are: Duty of care; Breach of duty; Causation; and Damage Establishing a duty of care for negligence :  A duty of care makes an individual dependable for taking sensible care to maintain a strategic dist

  ASSAULT AND BATTERY BY: Bishrant Khatiwada, SLS, Pune, Email: bishrantkhatiwada0@gmail.com Assault is the tort of acting intentionally that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Whereas battery is purposely touching or applying force on other persons or things related to the person without his consent with the intention to harm the person is known as a battery. It is only considered when there is an actual physical contact without the consent of the person to harm the person. Assault and battery have been evolving and changing with the requirement of the contemporary society. Assault: Elements of Assault : Three components must be set up in arrange to set up tortious assault: to begin with, the offended party secured quick physical contact, moment, the offended party had sensible trepidation (the impe

  Adultery: An offense- by Vedant Karia at LexCliq Adultery is derived from a French word, that has evolved from the Latin verb, “adulterium”, which means to corrupt. Adultery is defined as the consensual extramarital sexual relationship that is considered objectionable on social, religious, moral, and earlier on legal grounds as well. Though adultery is decriminalized, it still exists as a delinquent act as it violates social norms which an individual is believed to be followed.  For the last 158 years, it was treated as a crime but after the verdict of Hon’ble Supreme Court in Joseph Shine v. Union of India, adultery is decriminalized and remained merely a civil wrong rather criminal offense. There were two major contentions for the decriminalization of adultery. They were:- This section provided husbands with the right to prosecute their wives’ adulterers while wives were deprived to complain against the adulteress of their husbands. The section was ignorant on the matter of the adu

  Arbitration in India-by Vedant Karia at LexCliq Arbitration is a good alternative to litigation. Parties pick a forum other than a court of law to resolve disputes. The aim of arbitration is to relieve the burden of the court and give a quick resolution for the parties. Nani Palkhivala noted the many benefits of arbitration. “If the law is to be an efficient and useful servant of a changing society, it must be modified and parts of it replaced,” stated Nani Palkhiwala. A court of law is like a crumbling fortress. When repairing it no longer costs, it is advisable to build a new, compact home with modern lines. Arbitration is a more efficient forum than the courts. Arbitration cases are resolved in a year, however, court cases can take years to resolve depending on the complexity of the case. Arbitration is often favored by the parties since it gives them control over the proceedings. Third-party dispute resolution is part of the ancient Indian ethos. However, the use of the judiciary

  There is always a standard procedure that are needed to be followed . When I was in 1st semester how to read the facts of the case was bit difficult . I was not able to read the judgments of the long cases   .First we need to focus is that facts should be read 20 to 30 times . Because facts plays a major role to frame the issues. Issues is one of the criteria where we can frame the arguments. For example there are hundred pages that sometimes read by the caselaw . First we need to read more and more make points or make make blue print of the case outlet that you are reading . Second frame your own issues . Issues is the other step are need to be focus because arguments which are been made by lawyers is stronger because issues which they get in any cases . Last is the argument . Argument is the other key set which makes more chances for wining any case . It can be making more law in the argument by setting more provision . For example if there is A agrees to sell to B for specific car