Skip to main content

Legal Doctrine

A doctrine is a belief, principle, or position – usually upheld by authorities like courts. As far as the Indian Judiciary is concerned, there are many doctrines. Many of you may be familiar with the Doctrine of Basic Structure. In this article, we will be dealing with all-important Indian Judicial Doctrines.

Doctrine of Basic Structure
The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament.

Contract’s Midnight Clauses: Governing law; Applicable jurisdiction and Arbitration Clause.

A commercial contract is a legal relationship, in its acrimonious standoff, the first legal hurdles to be met are Governing law; Applicable Jurisdiction; and Arbitration Clause as structured to apply to the contract. In its negotiations phase, these clauses largely are renegade to the last option and thus as referred to as midnight clause, these are glossed over in the finalization of the agreement and unless a full thought is given, if parties are from different geographies it results in litigation lawyers’ paradise.

Legal Families and Legal Rules

Comparative legal scholars agree that, even though no two nations' laws are exactly alike, some national legal systems are sufficiently similar in certain critical respects to permit the classification of national legal systems into major families of law. Although there is no unanimity among legal scholars on how to define legal families, "among the criteria often used for this purpose are the following:
* historical background and development of the legal system,
* theories and hierarchies of sources of law,

About us

Brus CCC is the Corporate law, Commercial law advisory practice area division of BRUS CHAMBERS

BRUSCCC address

Brus CCC | Corporate Law Division
BRUS CHAMBERS, Advocates & Solicitors
Office no.12, First Floor, 29-41, Raja Bahadur Compound Complex,
off. Mumbai Samachar Marg,
Fort, Mumbai 400023, Maharashtra,
India


Email: contact@brusccc.com
Web: www.brusccc.com
Telephone Emergency Mobile no: +91-9757282670