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Showing posts from September, 2025

Law of Contract I

 General Introduction. The word Contract is derived from Latin word Contractus which means “to work on a contract.” The law of contract is based on principle laid down on Pacta Sunt Servanda which means “Agreement to be kept” or pact must be kept. According to Sir William. The law of contract is intended to ensure that what has led to expect shall come to pass and what has been promised to him shall be performed. The law of contract thus not only lay down a number of rights and duties which the law will enforce, it consists of a number of limiting principles subject to which the parties may create rights and duties for themselves which the law will uphold. The parties to a contract in a sense make a law for themselves. Essentials of a Valid Contract. Section 2(h) of the Indian Contract Act 1872 defines the term contract as an “agreement enforceable by law.” As per section 2(e) every promise and every set of promises forming the consideration with each other is called an agreement. ...

Right to Information Law

 History of RTI (RTI under different countries) 1. Sweden. Sweden was the first country in the world which had a law on freedom of Information as far back as 1766. When the Swedish Parliament (Riskdog) enacted Freedom of Press Act 1766. This Act required that official documents should be immediately made available without any fee to anyone making a request. This Act subsequently became a part of the Constitution provides that every Swedish shall have free access to official documents and public authority must respond promptly on request for open document. Later on, Freedom of Information Act 1949, Individuals were allowed to access to official documents held by public authorities.  2. Australia . The Federal Freedom of Information Act, 1952, provides access to documents held by commonwealth agencies. This Act requires agencies to respond within 30 days. Certain documents such as those relating to national security, defence, relations with foreign state, public safety,...

Origin and Development of Human Rights

Origin and Development of Human Rights. Abstract. Human rights represent the inherent dignity, liberty, and equality of all individuals. Their roots lie in ancient natural law and religious traditions, later strengthened by milestones like the Magna Carta (1215), the American Declaration of Independence (1776), and the French Declaration (1789). After World War II, the Universal Declaration of Human Rights (1948) gave them global recognition. In India, these rights are enshrined in the Constitution through Fundamental Rights and Directive Principles, supported by judicial activism. Table Of Contents. Introduction Ancient Origin of Human Rights Medieval Origin of Human Rights Modern Development of Human Rights (17th–18th Century + Revolutions) 19th Century Developments 20th Century Development of Human Rights Human Rights in India Contemporary Development of Human Rights Conclusion Author’s Note Introduction to Human Rights. Human Rights are the basic rights and freedoms that belong to ...

Schools of Jurisprudence

 Introduction.  Jurisprudence, often known as the philosophy of law, studies the nature, origin, and purpose of legal systems. Different jurists explained law through various perspectives, forming distinct schools of thought. The five major schools are: Analytical School Historical School Sociological School Philosophical School Realist School. Analytical School/Imperative/Austinian/Positivist School. Central Idea: Law is the command of the sovereign, enforced by sanctions. Key Jurists: Jeremy Bentham (founder), John Austin (famous proponent). Main Points: Law = Command of sovereign + backed by force. Distinguishes between “law as it is” (positivism) and “law as it ought to be” (morality). Main Points: Law is man-made, not dependent on customs or morality. Criticism: It ignores justice, morality, and social aspects of law. Historical School. Central Idea: Law develops organically from customs, usages, and traditions of people. Key Jurist: Friedrich Karl von Savigny. Main Point...