Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Contract of Agency: Fundamentals and Formation

Defining Agency and the Agent's Role

A contract of agency establishes a legal relationship where one person (the principal) authorizes another (the agent) to perform work or transact on their behalf with third parties. In this arrangement, the agent’s role is not merely to conduct errands but to represent the principal by binding them through acts performed within the granted authority. As defined under many legal frameworks—including the Indian Contract Act, 1872 (see, for example, Section 182)—an agent is “a person employed to do any act for another or to represent another in dealings with third persons.”

Essence of Agency Relationships

The value of an agency relationship lies in its capacity... Continue reading "Key Legal Frameworks in India: Commercial and Digital Laws" »

PUB

("Proprioception"[Mesh] OR "Postural Balance"[Mesh] OR "Sensory Receptor Cells"[Mesh] OR ("proprioception"[Title/Abstract]) OR ("postural balance"[Title/Abstract]) OR ("sensory receptor cells"[Title/Abstract])) AND ("Rehabilitation"[Mesh] OR "Physical Therapy Modalities"[Mesh] OR "Exercise"[Mesh] OR ("rehabilitation"[Title/Abstract]) OR ("physical therapy modalities"[Title/Abstract]) OR ("exercise"[Title/Abstract])) AND ("Sports"[Mesh] OR "Soccer"[Mesh] OR "Tennis"[Mesh] OR ("sports"[Title/Abstract]) OR ("soccer"[Title/Abstract]) OR ("tennis"[Title/Abstract])) Filters: Clinical Trial, Meta-Analysis, Randomized Controlled Trial, from 2020 - 2024

EBS

(DE "PROPRIOCEPTORS" OR DE "PROPRIOCEPTION") OR (DE "MUSCULAR sense") OR AB (PROPRIOCEPTION... Continue reading "Proprioception and Rehabilitation in Sports Medicine: A Systematic Review" »

Key Supreme Court Cases

Roper v. Simmons: Death Penalty for Minors

The Supreme Court ruled that the death penalty for minors is unconstitutional. This decision considered the national consensus of state laws and international standards as a measure of evolving standards of decency.

Marbury v. Madison: Establishing Judicial Review

In Marbury v. Madison, the Supreme Court asserted its power of judicial review. Marbury argued that the Judiciary Act of 1789 granted the Supreme Court original jurisdiction to order the delivery of his commission. However, the Court found that this Act conflicted with Article III of the Constitution, which defines the Court's original jurisdiction. While Marbury had a right and a remedy, the Court ruled he must pursue... Continue reading "Landmark US Supreme Court Cases & Constitutional Principles" »

Qualification and Disqualification of Candidates

This document outlines the qualifications and disqualifications for becoming a member of Parliament and State Legislatures, drawing from the Constitution of India (Articles 84, 101, 102, 103, 104 for Parliament, and 173, 190, 191, 192 for State Legislatures) and Sections 3 to 11A of the Representation of the People (R.P.) Act, 1951.

Constitutional Disqualifications for Legislators

• Holding any office of profit under the Government of India or the government of any state.
• Being of unsound mind as declared by a competent court.
• Being an undischarged insolvent.
• Not being a citizen of India.
• Disqualification by or under any law made by Parliament (including the 10th Schedule).

Relevant Sections of the R.P.

The aim is to create a single market in the EU where products can move as if there were no borders. This means NO:

• Customs duties between countries
• Hidden charges (CHEEs)
• National rules that make trade harder (MEEs)
• Taxes that discriminate against foreign products

Exceptions are only allowed when they are justified (e.g., health, safety, morality, etc.) and pass the proportionality test.

Prohibition of Tariffs and Charges (Art. 30 TFEU)

Prohibited between Member States:

• Customs duties (aranceles): A monetary charge for crossing a border. Always prohibited, even if small or non-protectionist.
• CHEEs (Charges Having Equivalent Effect): An impuesto disfrazado de otra cosa (tax disguised as something else). A unilateral charge on imports/exports not linked

Key Mergers & Acquisitions

• Etihad Airways and Jet Airways
• Sun Pharma and Ranbaxy
• Wal-Mart and Flipkart

Section 26 (1) of the Competition Act

On receipt of a reference from the Central/State Government, statutory authority, or upon its knowledge/information (under section 19), if the Commission believes a prima facie case exists, it shall direct the Director General to investigate.

Relevant Cases

• CCI v. Steel Authority of India Ltd

Section 27(b): Penalties

The Commission may impose penalties, not exceeding 10% of the average turnover for the last three financial years, upon enterprises party to anti-competitive agreements or abuse of dominance.

Relevant Cases

• Excel Crop Care Ltd v. CCI

Section 3(3): Anti-Competitive Agreements

Agreements that cause or... Continue reading "Understanding Competition Law in India: Key Cases and Concepts" »

Distinguishing Similar English Words

Understanding the subtle differences between similar words can greatly improve your English vocabulary and communication skills. Here's a breakdown of several commonly confused words:

Words Implying Falsehood

• FALSE: Not real.
• SPURIOUS: Not real.
• COUNTERFEIT: Made in close imitation of something else, always intended to deceive, especially of money and documents.
• FAKE: Made in close imitation of something else, always intended to deceive.
• BOGUS: Made in close imitation of something else, implying a negative value judgment.
• PHONY: Not real or true, always intended to deceive, implying a negative value judgment and arousing suspicion.
• MOCK: Made in close imitation of something else, intended as a substitute for the

The Shah Bano Case: A Landmark Indian Divorce Controversy

The Shah Bano case (1985 AIR 945, 1985 SCC (2) 556) was a controversial divorce lawsuit in India. Shah Bano, a 62-year-old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and subsequently denied alimony. This case sparked considerable debate about the application of different civil codes for different religions, particularly for Muslims in India.

The case led the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986. This act diluted the Supreme Court's secular judgment and effectively denied destitute Muslim divorcees the right to alimony from their former husbands. The Shah Bano case generated significant... Continue reading "Shah Bano Case: Divorce, Alimony, and the Uniform Civil Code Debate" »

1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the... Continue reading "Subjective Rights" »

Article 12: Defining "The State"

Key Principles of Article 12

• Inclusive Definition: Encompasses Government, Parliament, State Legislatures, local authorities, and other authorities.
• Purpose: Defines entities bound by Fundamental Rights in Part III of the Constitution.
• Judicial Evolution: Interpretation has evolved from narrow to broad.

The "Other Authorities" Test

Pradeep Kumar Biswas Test (2002)

• Focuses on Deep & Pervasive Control (DPC).
• Requires examination of cumulative facts showing financial, functional, and administrative domination.
• Control must be pervasive, not merely regulatory oversight.
• Refines the Ajay Hasia factors, emphasizing control.

Structuralism vs. Functionalism Debate

• Structuralism: Emphasizes formal links and control focus (dominant