Goonj – India Law Blog & Insights on Society and Spirituality

  Why a 150-Year-Old Law is Stalling Modern Contracts By Adv. Mamta Singh Shukla, Supreme Court of India India, a rising economic titan with a $4.5 trillion dream, is being shackled by a 150-year-old ghost. Its law of damages, rooted in the dusty, paternalistic anxieties of colonial rule, is no longer a legal framework but an economic drag. Foundation of India’s Law of Damages The current law is derived from English common law principles distinguishing between compensation and penalties: Section 73 of Indian Contract Act 1872 – Deals with unliquidated damages providing compensation for loss or damage caused by breach of contract. Section 74 of Indian Contract Act 1872 – Deals with liquidated damages, situations where the parties stipulate the amount of damages in advance. Jurisprudence built on Sections 73 & 74 of the Indian Contract Act was a necessary shield for the illiterate farmer against the extortionist landlord. The cours...

⚖️ EMOJI STATUTORY CONSTRUCTION: Decoding Digital Symbols in Legal Interpretation 🏛️ How courts in India and across the world interpret emojis as evidence, intent, and communication in law. 🌐 Introduction In the digital era, communication has evolved beyond words. Emojis — those colorful symbols expressing emotion, tone, and reaction — have become an integral part of everyday conversations. But what happens when a simple “👍” or “😊” becomes a matter of legal interpretation? As emojis increasingly appear in contracts, workplace communications, and social media posts, courts around the world — including in India — are faced with a new interpretative challenge: how to decode digital symbols within the framework of law. ⚖️ Understanding “Emoji Statutory Construction” The term Emoji Statutory Construction refers to the legal process of interpreting emojis as part of textual or electronic communication , especially when they affect meaning, consent, or intent. Courts are now applying ...