LAW'S OF INDIA™

 Force Majeure and Vis Major , ‘Force Majeure’ means an “event or effect that can be neither anticipated nor controlled . . . [and] includes both acts of nature (e.g., floods and hurricanes) and acts of people (e.g., riots, strikes, and wars).” ‘Vis Major’ (meaning ‘Act of God’ in Latin) is defined as an “overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado.”  ‘Force Majeure’ is wider than ‘Vis Major’/ ‘Act of God’ since the former encompasses both natural and artificial unforeseen events whereas the latter contemplates only natural unforeseen events. In fact, ‘Vis Major’/ ‘Act of God’ actually forms a sub-set of ‘Force Majeure’. The Supreme Court has, in Dhanrajamal Gobindram v. Shamji Kalidas & Co. , recognised the distinction between ‘Act of God’/‘Vis Major’ and ‘Force Majeure’. Notwithstanding the differences, the effect of both the terms is to excuse non-performance of a party and prevent a party from being liable f

 The Attorney General for India is the Indian government's chief legal advisor, and is its principal barrister in the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under  Article 76(1)  of the Constitution and hold office during the pleasure of the President. They must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, they must have been a judge of some high court for five years or an advocate of some high court for ten years, or an eminent jurist in the opinion of the President. Attorney General is necessary for advising the Government of India on legal matters referred to them. They also perform other legal duties assigned to them by the President. The Attorney General has the right of audience in all Courts in India as well as the right to participate in the proceedings of the Parliament, though not to vote.The Attorney General appears on behalf of Government of India in all cases (including su

Review Petition In India, a binding decision of the Supreme Court/High Court can be reviewed in a review petition. A review petition cane be filed by the parties aggrieved by the decisions of Supreme Court. The provision of review is an exception to the principle of stare decisis as courts generally do not unsettle a decision, without a strong case. As per Article 137 of the Constitution of India and the rules made under Article 145, the Supreme Court of India has the power to review its judgment pronounced by it. As per Supreme Court rules, 1966 such a petition is to be filed within 30 days of the pronouncement of judgment or order and that petition should be circulated without oral arguments to the same bench that delivered the judgment. Furthermore, if a review petition is dismissed by the Supreme Court, it may consider a curative petition filed by the petitioner so as to prevent abuse of process. In accordance with Order XVII, Rule1(1) of Code of Civil Procedure, 1908, a civil revi

                             LEGAL JURISTS JUSTICE P. N. BHAGWATI (introduce PIL) JUSTICE  FATIMA  BEEVI  (1st women judge of supreme court of india) Justice Oman Chandi (1st women CJ of a High Court) JUSTICE H.J. KANIA (1st CJI ) CORNELLIA SORABJI (1st women lawyer in india)

   Poverty in Bihar: CHILDREN AFTER KOSHI FLOOD If poverty is defined as deprivation of basic human needs – food, safe drinking water, sanitation, health services, shelter and education – then more than two-third of Bihar’s population would be subsumed under this category. Official statistics tell part of the story. Bihar has the lowest literacy rate in the country. Next to Orissa, Bihar has the highest percentage of people living below the poverty line. It has the lowest per capita income among the major states of India. “Bihar’s per capita income, which was about 60 per cent of the average for India during the early 1960s, declined to about 40 per cent in 1993-94 and further to 34 per cent in 1997-98” (Sharma 2005: 960). The growth rate of state domestic product for Bihar was just 2.69 per cent per annum from 1991-92 to 1997-98 compared with 6 per cent for all the major states of the country (Ahluwalia 2000, cited in Sharma 2005: 960). While the population growth rate in India declin