Wednesday, October 21, 2020
Doctrine Non Feasance I Legal Maxims I Mis Feasance IHK Legal Tv I Haami...
Tuesday, October 13, 2020
MIS FEASANCE
DOCTRINES LEGAL
.1-Malfeasance *
Malfeasance is the willful and intentional action causing injury to a party. Official misconduct, is the commission of an unlawful act, done in an official capacity willfully.Intentional wrongful or unlawful conduct, especially by officials or public employees.Malfeasance is at a higher level of wrongdoing.
* Misfeasance is the willful inappropriate or incorrect action or advice.
The commission of a lawful act, done in an official capacity but improperly causing harm.
"Nonfeasance," which is the failure to perform an official duty.Nonfeasance is the failure to act where to act as per law,rules and social duties.Is duty of care in law of torts.
It is will neglect to perform duty.
Monday, October 12, 2020
cause of action in cpc
Legal Parlance:-
Essential facts germinating a right and its infringement entitles a person to bring a civil suit against the wrong doer or any one liable for it.
Legal Rights of a person are infra;-
1-PERSON----- 2-PROPERTY.
1-PERSON- Inherent rights,
> Havining no discrimination of race, sex, nationality, Ethnicity, (the fact or state of belonging to a social group that has a common national or cultural tradition.) language, religion, or any other status.
* Right to …..*live……..* liberty, … *Good Reputation,, …*freedom of opinion and,……. * the right to work…..*get education,..
2-PROPERTY. The rights of property corporal and intellectual ownership.
A-Moveable and immoveable Property.
B-Non-human creatures like dogs, cats, horses or birds.
C-Intellectual property such as inventions, ideas, or words.
Infringement of any right ,a person set the law either CIVIL or CRIMINAL in to motion. Such Infringement is the reason to initiate legal process in the Civil court for violation of Civil Rights .The reason for going to the court is called CAUSE Of ACTION.
You will have to express and establish cause of action in the Plaint.
Cause of Action is :-
² A) a set of Facts or Allegations. B) makes up the grounds, C) for filing a suit.
Having no Definition in Civil Procedure Code1908 ,The term Cause of Action has been elucidated infra ;
Also watch on yutube:-
cause of action.https://youtu.be/LPdohexzQHY
The term Cause of Action has been used infra ;
I-Order II Rule 2-5, ii-Order VII Rule 11(a),
The flow chart may be helpful to understand the term cause of action;
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