JUDICIARY NOTES

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  • Specific Relief Act, 1963
    IntroductionAs the main objectives of the Act have been vested in the very title of this statute i.e. Specific Relief, due to which we can have a basic understanding that the Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages of the injured person. This Act was enacted in … Continue reading Specific Relief Act, 1963
  • Objection As To Jurisdiction: Section 21
    (A). GENERALAs stated above, it is fundamental rule that a decree of a court without jurisdiction is a nullity. Halsbury rightly states:“ Where by a reason of any limitation imposed by statute , charter or commission, a court is without jurisdiction to entertain any particular action or matter, neither the acquiescence nor the express consent … Continue reading Objection As To Jurisdiction: Section 21
  • Charge
    INTRODUCTION One basic requirement of a fair trial in criminal jurisprudence is to give precise information to the accused as to the accusation against him. This is vitally important to the accused in the preparation of his defense. In all trials under the Criminal Procedure Code the accused is informed of the accusation in the … Continue reading Charge
  • Indian Evidence Act, 1897 – Burden Of Proof
    SECTION 101: Illustrations: A desires a court to give judgment that B shall be punished for a crime which A says B has committed.           A must prove that B has committed the crime. A desires a court to give judgment that he is entitled to certain land in the possession of B, by reason … Continue reading Indian Evidence Act, 1897 – Burden Of Proof
  • Punishments
    INTRODUCTION From ancient times it is the fundamental duty of the state to protect its citizens. The person who does any act which is forbidden by natural justice or statutory law commits a crime. What exactly constitutes a crime is defined in the laws of every state. Some acts may be a crime for some … Continue reading Punishments
  • Indian Partnership Act, 1932
    PARTNERSHIP IS ONE OF THE SPECIFIC CONTRACTS WHICH WAS A PART OF THE INDIAN CONTRACT ACT. 1872. IN 1930, HOWEVER, THE PROVISIONS RELATING TO PARTNERSHIP CONTRACT WERE REPEALED AND A SEPARATE ACT CALLED THE INDIAN PARTNERSHIP ACT, 1932 WAS PASSED WHICH IS IN FORCE TILL TODAY. IT EXTENDS TO THE WHOLE OF INDIA EXCEPT THE … Continue reading Indian Partnership Act, 1932
  • Constitutional Law
    ARTICLE 19 (1) All citizens shall have the right— Introduction       (a) to freedom of speech and expression;       (b) to assemble peaceably and without arms;       (c) to form associations or unions;       (d) to move freely throughout the territory of India;       (e) … Continue reading Constitutional Law
  • Civil Procedure Code – Place of Suing (s.19 and 20)
    SECTION 19: Definition: “Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within the local limits of the jurisdiction of … Continue reading Civil Procedure Code – Place of Suing (s.19 and 20)
  • Right To Fair Trial
    RIGHT TO FAIR TRIAL The right to a fair trial is a norm of international human rights law and also adopted by many countries in their procedural law. Countries like U.S.A., Canada, U.K., and India have adopted this norm and it is enshrined in their Constitution.  The right to a fair trial has been defined … Continue reading Right To Fair Trial
  • Indian Evidence Act,1872 – Oral And Documentary Evidence
    ORAL AND DOCUMENTARY EVIDENCE The Indian Evidence Act, 1872 is largely based on the English law of Evidence. The Act does not claim to be exhaustive and is procedural law. The Act consolidates, defines and amends the laws of evidence. It is a special law and hence, will not be affected by any other enactment … Continue reading Indian Evidence Act,1872 – Oral And Documentary Evidence
  • Explanations
    INTRODUCTION The criminal law of India has been codified in the Penal Code and in the Criminal Procedure Code; the former code deals specifically with offences and states what matters will afford an excuse or a defence to a charge of an offence. The Penal Code is the substantive law and the Criminal Procedure Code, … Continue reading Explanations
  • President Of India
    Introduction• The president of India, officially the President of the Republic of India is the ceremonial head of state of India and the Commander in chief of the Indian Armed Forces. • The president is indirectly elected by an electoral college comprising the Parliament of India (both houses) and the legislative assemblies of each of … Continue reading President Of India
  • Quasi Contract
    IntroductionQuasi contract is a pseudo-contract. When we talk about a valid contact we expect it to have certain elements like offer and acceptance, consideration, the capacity to contract, and free will. But there are other types of contracts as well. There are cases where the law implies a promise and imposes obligations on one party … Continue reading Quasi Contract
  • Place Of Suing
    INTRODUCTION Suits may be of different types. They may relate to movable properties or immovable properties; they may be based on contracts or torts; they may be matrimonial proceedings, suits for accounts and so on. The Jurisdiction of a Court to entertain, deal with and decide a suit may be restricted by a variety of … Continue reading Place Of Suing
  • Estoppel, Competancy Of Witness and Priveleged Communications
    ESTOPPEL: INTRODUCTION: Section 115- Estoppel Estoppel is the rule of Evidence and the general rule is enacted in Section 115 of the Evidence Act which lays down that when one person has by his declaration, act or omission caused or permitted another person to believe a thing to be true and to act upon such … Continue reading Estoppel, Competancy Of Witness and Priveleged Communications
  • Criminal Procedure Law
    Introduction: Chapter VII, containing Sections 91-100 of the Code of Criminal Procedure, 1973 deals with the provisions relating to the summons to produce documents or other things, search-warrant provisions, and other laws related to search and seizure. The words investigation and inquiry as being a part of the search and seizure are the challenging tasks … Continue reading Criminal Procedure Law
  • Criminal Conspiracy
        INTRODUCTION A conspiracy, also known as ‘plot’, is a agreement or a secret plan between two or more persons for an illegal or harmful purpose, like murder, fraud, treason etc., while keeping said agreement a secret from the public.            In Criminal Law, a conspiracy is an agreement between two or more persons to … Continue reading Criminal Conspiracy
  • The Right to Equality
    Article 14 The Constitution of India guarantees the Right to Equality through Articles 14 to 18. Article 14 outlaws discrimination in a general way and guarantees equality before law to all persons. It has been given a highly activist magnitude in recent years by the courts and, thus, it generates a large number of court … Continue reading The Right to Equality
  • Contract Of Agency
    Since it is not always possible for a person to do everything by himself, it becomes necessary to delegate some of the acts to be performed by another person. Such another person is called an agent. The person represented is called the principal. The law relating to agency is contained in Chapter X (Sections 182 … Continue reading Contract Of Agency
  • Bar of Suit (Section 12) And Foreign Judgement (Section 13 And 14)
    SECTION:12 “Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause of action in any court to which this code applies.” The Code of Civil Procedure precludes a plaintiff from instituting … Continue reading Bar of Suit (Section 12) And Foreign Judgement (Section 13 And 14)
  • Dying Declaration
    INTRODUCTION Section 32 of the Evidence Act,1872 is an exception to the general rule that “hearsay evidence” is “no evidence” and the evidence which cannot be tested by cross-examination of a witness is not admissible in a court of law. Sub-section (1) of Section 32 makes the statement of the deceased admissible which is generally … Continue reading Dying Declaration
  • Bail
    ‘Bail’ connotes the process of procuring the release of an accused charged with certain offence by ensuring his future attendance in the Court for trial and compelling him to remain within the jurisdiction of the Court. The term Bail is not defined under CRPC. Bail is a kind of security which is given by the … Continue reading Bail
  • Solitary Confinement
    INTRODUCTION Aristotle the legendary Greek philosopher said, “Man is by nature a social animal; an individual who is unsocial naturally and not accidentally is either beneath our notice or more than human. Society is something that precedes the individual.”,i.e, man cannot live alone. Solitary confinement is a form of punishment in which the prisoner or … Continue reading Solitary Confinement
  • The Uniform Civil Code
    Religion must be restricted to spheres which legitimately appertain to religion, and the rest of life must be regulated, unified and modified in such a manner that we may evolve, as early as possible, a strong and consolidated nation.                                                                                                                   K.M Munshi in Constituent Assemnly The foundations of the present Indian legal system have been … Continue reading The Uniform Civil Code
  • Free Consent And Factors Impairing It
    Definition: In the Indian Contract Act, the definition of Consent is given in Section 13, which states that “it is when two or more persons agree upon the same thing and in the same sense”. So the two people must agree to something in the same sense as well. Let’s say for example A agrees to sell … Continue reading Free Consent And Factors Impairing It
  • Civil Procedure Code
    SECTION 11: RES JUDICATA DEFINITION:  “No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in former suit between same parties, or between parties under whom they or any of them claim , litigating under the same title , in a … Continue reading Civil Procedure Code
  • Indian Evidence Act, 1872
    ADMISSION AND CONFESSION ADMISSION : (i) Definition :Section 17 of the evidence act defines admission it says that, “An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the … Continue reading Indian Evidence Act, 1872
  • Arrest
    Introduction The term ‘arrest’ means apprehension of a person by legal authority so as to cause deprivation of liberty. The Criminal Procedure Code of 1973, however, which deals with the aspects of arrests, has not defined the ‘Arrest’. When a person is arrested, then the arrested person is taken into custody of an authority empowered by … Continue reading Arrest
  • Wrongful Restrainment And Wrongful Confinement
    INTRODUCTION Under the constitution of India, in Articles 19 and 21, every person throughout the territory of India is conferred with the right to Freedom of Movement and is guaranteed personal liberty. In furtherance with this objective set up by the constitution, the Indian Penal Code lays down penal sanctions in case a person violates … Continue reading Wrongful Restrainment And Wrongful Confinement
  • Constitutional Law
    Citizenship Part II of the constitution, between Articles 5 and 11 deals with citizenship. This is one of the provisions of the constitution that came into force immediately after the constituent assembly adopted the constitution in 1949. Who is a Citizen? Citizen of a state is one who enjoys all civil and political rights guaranteed … Continue reading Constitutional Law
  • Contract of Guarantee
    Introduction A “Contract of Guarantee” is a contract to perform the promise, or discharge the liability, of a third person in case of his default. In English Law’s Statute of Frauds 1677 these contacts are defines as “a promise to answer for the debt, default or miscarriage of another”. Contract Act uses the word ‘surety’ … Continue reading Contract of Guarantee
  • Civil Procedure Code , Suits – Jurisdiction of Civil Courts
    INTRODUCTION To give uniformity to Civil Procedure, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of Governor-General on 23 March 1859. The Code however, was not applicable to the Supreme Court in the Presidency Towns and to the Presidency Small Cause Courts. It did not meet the challenges and … Continue reading Civil Procedure Code , Suits – Jurisdiction of Civil Courts
  • Concept Of Criminal Procedural Law
    The law of criminal procedure is intended to provide a mechanism for the enforcement of criminal law. Without proper procedural law, the substantive criminal law which define offences and provide punishments for them, would be almost worthless.  The source of Crpc lies in last line of Article 21 of Indian Constitution which states “except the … Continue reading Concept Of Criminal Procedural Law
  • Indian Evidence Act, 1872
    SHORT HISTORY: The word “evidence” is derived from the Latin word evidens or evidere, which means “to show clearly; to make clear to the sight; to discover clearly; to make plainly certain; to prove. Historically, the law of Evidence may be described as the child of the jury system.In the mofussil, Mohammedan law of evidence … Continue reading Indian Evidence Act, 1872
  • Abetment Of Suicide
    INTRODUCTION Abetment of a thing as defined in section 107 of the IPC occurs when a person either instigates another to do something or conspires with one or more persons to either act or illegally omit to do an action thereby resulting in the doing of a thing in pursuance of that conspiracy or when … Continue reading Abetment Of Suicide
  • Constitutional Law
    The Amendment of the Indian Constitution The Indian constitution “‘strikes a good balance between flexibility and rigidity”.                                                                                           K.C Wheare A nation cannot develop itself in isolation. A constitution is but a directory document which should be open to changes according to the changing milieus. The founding fathers of India knew this fact very well … Continue reading Constitutional Law
  • Contract Of Indemnity
    Definition The word ‘indemnity’ is derived from the Latin word ‘indemnis’ meaning unharmed or undamaged. In English Law ‘indemnity’ means a promise to save person harmless from the consequences of an act. The promise may be express or implied based on the circumstances of the case. In Indian Law definition of ‘indemnity’ is given under … Continue reading Contract Of Indemnity

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