school of legal Education

INTRODUCTION With rise in number of disputes and litigations the burden of courts has eventually increased and there has been a growing trend among people to settle their matters outside the court. In desire of speedy trials and easy resolution of their matter the parties in dispute have these days started opting for Alternate Dispute Resolution (ADR) mechanisms like arbitration and mediation. Even though there are some differences between these two different modes of ADR but primarily in both the proceedings there is a neutral third party who tries to bring the two parties in dispute to a settlement through discussions. Apart from many other benefits, confidentiality of such proceedings is the biggest incentive that motivates the parties to opt for them. NEED FOR CONFIDENTIALITY In order to bring the parties in dispute to an amicable settlement the first requirement is that they should feel safe to discuss their matter in entirety and without hesitation. It is, therefore, nec

INTRODUCTION Alternate Dispute Resolution (or ADR) is a mechanism used to ease out the burden of courts by resolving them through various different modes like mediation, conciliation, arbitration, negotiation and Lok Adalats. Legal Services Authority Act, 1987 (hereinafter “LSA”) provides for constitution and formation of Lok Adalats which is the form of ADR having traits of arbitration, mediation and conciliation. The Parties to dispute amicably come before Lok Adalat to settle their case where the Bench acts as a mediator and aids them to settle the matter through conciliation and such settlement if agreed by both parties is made binding upon them. Lok Adalats are constituted in consonance with the provisions of Article 39-A of Indian Constitution which provides for equal justice and free legal aid forming part of Directive Principles of State Policy. They are organized to protect and promote justice based on equal opportunity. Lok Adalats are strategized to decrease the bur

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Consideration in terms of a contract means anything given in exchange for something. It is simply based on the principle of quid pro quo meaning favor or advantage granted in return of something. According to S. 2(d) of the Indian Contract Act, 1872 following rules apply to consideration: Consideration is a must for every contract which means that except for the conditions stated in S. 25 a contract without consideration is not a valid contract. Consideration may be an act or abstinence which means a denial to act. It must be initiated only at the desire of the promisor and not otherwise. This means that even if the promisor is not to be benefitted by the consideration but it must be moved only at his willingness. Consideration may be given either by the promisee or any other person. Consideration may either be past, present or future. This means that if an act or abstinence had been done in past it is considered as past consideration; if it is to be done at present it is prese

Generally speaking, anything done by a person in violation of the laws of a country or a region is termed as a crime. For any such act or omission there is a punishment defined by the laws of such country or region. Miller defines crime as “commission or omission of an act which the law forbids or commands under pain of punishment imposed by the State”. There are four essential elements of any   crime  which constitute it and if any of the following elements is missing, the act or omission cannot be termed as a crime: a) There must be a “person” who is under a legal obligation to act in a specific way and on whom punishment can be imposed in case of violation. b) There must be an evil intent on part of such a person. c) The person must have acted/omitted to act in furtherance of such evil intention. d) An injury must have been caused to some other person or society at large due to such an act or omission of the person. Read More

What is SOLE ? SOLE (School of Legal Education) is a unique initiative aimed to bring the knowledge of Indian legal system at the doorstep of every person.  SOLE is a user-friendly online coaching institute with its exclusive focus on everything legal in India, including all the popular law subjects, technical articles for thesis & research, current affairs (blog) and more. SOLE encourages e-learning and is designed in such a way so as to provide best specialized support to its learners at an affordable fee without undergoing a usual burdensome and prolonged law program. What SOLE offers? We offer practice quizzes, educational videos, customized course e-books and a personalized learning dashboard to enable the learners to learn at their own pace inside and outside the classroom. All the online courses and e-books have been designed and drafted by our in-house team of legal experts. The courses are concise, straight forward, easy to understand and are followed by Ce

Defamation is not an unheard term for the common people too, as every now and then, news related to such a case is featured and highlighted. Defaming is the act of maligning someone’s reputation through libel or slander. To establish or prove defamation, these three important essentials factors should be there: The statement must be defamatory and damaging. It must be directed to the claimant. It must be communicated or published to at least one person other than the claimant. Right to reputation is an inherent right guaranteed by Article 21 and therefore, to safeguard this, the right to freedom and speech bestowed by Article 19 of the Indian Constitution, is not absolute. DIFFERENCE BETWEEN LIBEL AND SLANDER : That libel and slander are two different forms of defamation, may not be known to many of us. Libel: An intransigent form of defamation, one that is permanent in nature, for example, writing, photograph, film, statue, printing, picture, effigy, etc. Hence, sta