BrusCCC
Corporate Law Division - Brus Chambers
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Knowledge

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.

Land Laws of Maharashtra

Contents I    MEANING OF LAND:    II    LAND RECORD    III    LAND REVENUE ADMINISTRATION    IV    CHANGE IN RIGHT OVER LAND    V    DEVELOPMENT OF THE LAND    VI    LAND CONVERSION | Maharashtra    VII    OWNERSHIP, POSSESSION / OCCUPANCY OF LAND    VIII    PROPERTY CARD IN MAHARASHTRA    IX    CLASSIFICATION OF LAND IN MAHARASHTRA:    X    IMPROVEMENTS FOR THE BETTER CULTIVATION OF THE LAND    XI    LAND RELATED APPLICABLE LAWS   XII Contents I    MEANING OF LAND:    II    LAND RECORD    III    LAND REVENUE ADMINISTRATION    IV    CHANGE IN RIGHT OVER LAND    V    DEVELOPMENT OF THE LAND    VI    LAND CONVERSION | Maharashtra    VII    OWNERSHIP, POSSESSION / OCCUPANCY OF LAND    VIII    PROPERTY CARD IN MAHARASHTRA    IX    CLASSIFICATION OF LAND IN MAHARASHTRA:    X    IMPROVEMENTS FOR THE BETTER CULTIVATION OF THE LAND    XI    LAND RELATED APPLICABLE LAWS  

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,