Legal Explainer: Understand Complex Laws in Simple Terms

Legal Explainer

What is sine qua non?

A sine qua non is a Latin phrase meaning "without which not." It refers to something that is essential or indispensable for a particular result or condition to occur.

In other words, it is a necessary condition without which something cannot happen. Originally a legal term, it is often used to describe the critical factor or element that must be present for an event or outcome.

For example, in law, if an action did not occur, a certain harm would not have happened; that action is the sine qua non of the harm. The phrase highlights the importance of an essential prerequisite in various contexts.

5 days ago

MalavikaBookmark

What is the difference between e-signature and digital signature?

An e-signature (electronic signature) covers any electronic method of giving consent to a document or agreement, such as typing a name, clicking “I agree,” or uploading a scanned signature. It shows acceptance in digital transactions.

A digital signature is a specific form of e-signature that uses cryptographic encryption and digital certificates to verify the signer’s identity and ensure the document has not been altered. This makes it highly secure and tamper-proof.

Under the Information Technology Act, 2000, Section 3 recognizes digital signatures, while electronic signatures were added later through Section 3A (via the 2008 amendment), giving both legal validity in India.

In short, all digital signatures are e-signatures, but not all e-signatures have the advanced security of digital signatures.

10 days ago

MalavikaBookmark

What is Talaq-e-Hasan?

Talaq-e-Hasan is a traditional Islamic divorce method for Muslim men, carried out over a period of time to allow reflection and possible reconciliation.

In this process, the husband pronounces “talaq” (divorce) once during a period of purity (when the wife is not menstruating). This pronouncement is repeated once in each of three successive menstrual cycles.

Between each pronouncement, there is a waiting period, during which the couple can reconcile, in which case the divorce stops.

If all three pronouncements are made without reconciliation, the divorce becomes final and irrevocable. Unlike instant triple talaq (talaq-e-biddat), Talaq-e-Hasan is gradual and seen as more considerate.

25 days ago

MalavikaBookmark

What is Doctrine of Colourable Legislation?

The Doctrine of Colourable Legislation prevents legislatures from overstepping constitutional limits by disguising their true intent.

It means that a legislature cannot do indirectly what it cannot do directly. If a law's true intent is to infringe upon an area outside the legislature's authority, then that law is deemed invalid, regardless of its wording or presentation.

In K.C. Gajapati Narayan Deo v. State of Orissa (1953), the Supreme Court struck down a law that was enacted under a colourable pretence to violate property rights, affirming that the legislature’s true motive matters more than its stated form.

a month ago

AsleshaBookmark

What is Doctrine of Stare Decisis?

The doctrine of stare decisis is a foundational principle in common law, meaning "to stand by things decided." It requires courts to follow legal precedents set by higher courts in previous cases with similar facts.

This ensures consistency, stability, and predictability in the legal system. In India, Article 141 of the Constitution makes Supreme Court decisions binding on all lower courts.

However, courts may depart from precedent if it is outdated or wrongly decided.

While stare decisis promotes judicial discipline, it also allows flexibility where justice demands a fresh interpretation of the law in changing social or legal contexts.

a month ago

UjjwalBookmark

What is Doctrine of Legitimate Expectation?

The doctrine of legitimate expectation is an administrative law principle that ensures fairness in public authority actions. However, it does not create any legal right; it allows judicial review and can be overridden by public interest.

The doctrine applies when an individual has reasonable expectations of a specific outcome based on either an explicit promise made by an authority or consistent past conduct. It promotes non-arbitrary governance, aligning with constitutional fairness.

The State of Kerala v. K.G. Madhavan Pillai (1988) was the first Indian case to explore and apply this doctrine.

a month ago

AnandBookmark

What is The Difference Between Advocate, Lawyer, Counsel, and Barrister?

Lawyer is a general term for anyone trained in law.

An advocate is a lawyer who is registered with a State Bar Council under the Advocates Act of 1961 and has the authority to represent clients in court.

Counsel typically refers to an advocate who represents a party in a specific case, and these terms are often used interchangeably.

Barrister is a term used in the UK and some Commonwealth countries for lawyers who specialise in court advocacy. In India, the term "barrister" specifically refers to individuals who have received legal education in the UK.

Post-independence, India only uses the term advocate in court practice.

a month ago

AsleshaBookmark

What is Reverse Flip?

A reverse flip is when an Indian startup merges its foreign holding company into its Indian entity, making India the global headquarters. Initially, startups flipped abroad to access global investors and IPOs.

Now, with improving Indian regulations, IPO opportunities, and rising foreign compliance costs, companies like Meesho are reversing the structure.

The process requires National Company Law Tribunal (NCLT) approval under Section 234 of the Companies Act, 2013, and compliance with FEMA, tax, and corporate laws.

It also involves legal complexities such as tax liability, valuation, and shareholder approvals, but offers long-term benefits like simplified governance and access to Indian capital markets.

a month ago

AsleshaBookmark

What is Doctrine of Pith & Substance?

The Doctrine of Pith & Substance helps courts decide the validity of a law when there is an overlap between the powers of Parliament and state legislatures under the Constitution.

It focuses on the real nature or essential character of the legislation. If the law’s main purpose falls within the legislature’s competence (under Article 246 and the Seventh Schedule), the law is upheld, even if it incidentally affects subjects outside its jurisdiction.

In State of Bombay v. F.N. Balsara (1951), the Supreme Court applied this doctrine to uphold state laws regulating intoxicating liquors, despite some federal encroachment, emphasising substance over form.

a month ago

AsleshaBookmark

What is Compulsory Licensing under Copyright Law?

Compulsory licensing is a legal provision under the Copyright Act, 1957 that allows a person to use a copyrighted work without the owner’s consent, under specific conditions and with government authorisation.

Such licenses are issued under Sections 31 and 31B, with fair compensation to the owner.

It is typically granted when the copyright holder refuses to make the work available to the public or sets unreasonable terms, hindering access to the work.

The landmark case Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008) clarified its scope, affirming that compulsory licences must serve public needs without violating the copyright holder’s economic rights.

2 months ago

SakshmitBookmark

What is Anticipatory Bail? When and How to Apply?

Anticipatory bail is a legal remedy under Section 438 of the Code of Criminal Procedure, 1973, allowing a person to seek bail in anticipation of arrest for a non-bailable offence.

It is granted by the Sessions Court or High Court when the applicant demonstrates a reasonable fear of imminent arrest.

The landmark case Gurbaksh Singh Sibbia v. State of Punjab (1980) clarified its scope. The applicant must show no intent to evade investigation. Conditions may include surrendering the passport or appearing for interrogation.

This remedy is not available once an individual has been arrested, and it cannot be claimed as an absolute right.

2 months ago

AsleshaBookmark

What is Interlocutory Application?

An Interlocutory Application is a procedural request made during the course of ongoing litigation, seeking temporary or interim relief without deciding the main issues.

It helps preserve the status quo, prevent harm, or ensure fair trial conduct. Common types include applications for injunctions, discovery, or temporary custody.

Under the Code of Civil Procedure, 1908 (Order 39 Rules 1 & 2), courts may grant interim injunctions to maintain peace.

The Supreme Court in American Cyanamid Co. v. Ethicon Ltd. laid down principles for granting interlocutory injunctions, emphasizing balance of convenience and irreparable harm. Such applications keep the process fair until final judgment.

2 months ago

AsleshaBookmark

Difference Between Ratio Decidendi and Obiter Dicta

Ratio decidendi is the fundamental legal reasoning or principle on which a court’s decision is based. It forms the binding precedent that lower courts must follow, as mandated by Article 141 of the Indian Constitution.

For example, in Vidya Drolia & Ors. v. Durga Trading Corporation, the Supreme Court emphasised that the ratio is the authoritative part of the judgment.

In contrast, Obiter Dicta are remarks or observations made “by the way” that are not necessary for the decision.

These carry persuasive value but are not binding, as clarified in Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly. While ratio prescribes law, obiter offers insight.

2 months ago

RajatBookmark

What is Locus Standi?

Locus standi is a Latin term meaning "place to stand." It refers to the legal capacity of a person to bring an action or appear in court.

Traditionally, only those directly affected by an issue could approach the courts. However, with the evolution of Public Interest Litigation (PIL), especially after Justice P.N. Bhagwati's judgment in SP Gupta v. Union of India, the doctrine was liberalised.

Now, any public-spirited individual can file a petition under Article 32 or 226 of the Constitution. This shift ensures access to justice, particularly for disadvantaged or voiceless communities.

2 months ago

AsleshaBookmark

Difference between Mens Rea & Actus Reus

Mens rea and actus reus are two essential elements of a crime.

Actus reus refers to the physical act or omission that constitutes a criminal offense (e.g., theft, assault).

Mens rea is the mental intent or guilty mind behind that act (e.g., intention, knowledge, recklessness).

For criminal liability to arise, both must usually coexist—this is known as the concurrence principle. For instance, in State of Maharashtra v. M.H. George (1965 AIR 722), the Supreme Court stressed the need for guilty intent. Under the IPC, sections like 299 (culpable homicide) combine both elements. Without mens rea, an act by itself may not constitute a crime.

2 months ago

AsleshaBookmark