JUDICIARY NOTES

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  • Constitutional Law
    THE FUNDAMENTAL RIGHTS – I (Articles 12 and 13)The Concept of Fundamental RightsSince the 17th Century, human thinking has been veering round to the theory that man has certain essential, basic, natural and inalienable rights or freedoms that is the function of the state, in order for human liberty to be preserved, human personality developed, … Continue reading Constitutional Law
  • The Specific Relief Act, 1963 (SEC 1 – SEC 8)
    IntroductionHistory of Specific Relief Act, 1963In India, the common law doctrine of equity had traditionally been followed even after it became independent in 1947. However it was in 1963 that the Specific Relief Act was passed by the Parliament of India following the recommendation of the Law Commission of India in its 9th report on … Continue reading The Specific Relief Act, 1963 (SEC 1 – SEC 8)
  • Criminal Courts
    INTRODUCTION The Code of Criminal Procedure is a part of procedural law under adversarial criminal justice system. As per section 20 of IPC, 1860, ‘the court of justice” denote, a judge who is empowered by law to act judicially alone, or a body of judges which is empowered by law to act judicially alone, or … Continue reading Criminal Courts
  • Directive Principles of State Policy
    What are the Directive Principles of State Policy?The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.DPSP are ideals which are meant to be … Continue reading Directive Principles of State Policy
  • Offences against religion
    INTRODUCTION The offences relating to religion are defined under sections 295, 295A, 296, 297 and 298 in Chapter XV of the Indian Penal Code, 1860. India is a secular country and the principle of secularism which falls in the line with the preamble of the Constitution of India along with Article 25 to 30 wherein … Continue reading Offences against religion
  • Execution, Suspension, Remission and Commutation of Sentences
    The Code of Criminal Procedure, 1898 has devoted full chapter on the subject of execution, suspension, remission and commutation of sentences. Indian legal mechanism provides pardoning power sourcing from both statuary and constitutional authorities. By virtue of article 72 and 161 of the Constitution of India, the President and Governor can grant pardon, to suspend, … Continue reading Execution, Suspension, Remission and Commutation of Sentences
  • Execution
    SECTION 43 DEFINITION“Any degree passed by any Civil Court established in any part of India to which the provisions of this Code do not extent, or by any court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which … Continue reading Execution
  • Offenses Against Women
    INTRODUCTION Women have to face many hardships and have to face many problems in this evil growing world. Violence is increasing against women and is witnessed in each and every corner of the world. Many dreadful crimes are taking place against women such as molestation, rape, eve-teasing, rape, harassment at the workplace, kidnapping, abduction, fraudulent … Continue reading Offenses Against Women
  • Article-352 Emergency
    IntroductionThe State of Emergency India refers to a time of government under a changed constitution that can be declared by the President of India when the Consultative Body acknowledges and alerts against significant challenges to the country from internal and external causes or from financial crisis situations. The President can, on the advice of the … Continue reading Article-352 Emergency
  • Law Of Agency
    Introduction: What is AgencyWhen one party delegates some authority to another party whereby the latter performs his actions in a more or less independent fashion, on behalf of the first party, the relationship between them is called an agency. Agency can be express or implied. Chapter X of the Indian Contract Act, 1872 deals with … Continue reading Law Of Agency
  • Section 36
    DEFINITION:“The provision of this code relating to the execution of decrees (including provisions relating to the payment under a decree) shall, so far as they are applicable, be deemed to apply to the execution of orders (including payment under an order).” MEANING AND SCOPEThe principle underlying the provisions of this section is that every court … Continue reading Section 36
  • Maintenance
    Introduction The word ‘Maintenance’ is not defined in the Code of Criminal Procedure, 1973. Chapter IX of the Code of Criminal Procedure deals with provisions for maintenance of wives, children and parents. ‘Maintenance’ in general meaning is keeping something in good condition. ‘Maintenance’ in legal meaning is money (alimony) that someone must pay regularly to a former … Continue reading Maintenance
  • Common Intent And Common Object
    INTRODUCTION Common intent and common objects are addressed when there is more than one person in the scenario. It states the intent between two persons and that they might have a common object for committing a particular crime. Section 34 of the Indian Penal Code defines common intent while section 149 of the Indian Penal … Continue reading Common Intent And Common Object
  • Jurisprudence
    ADMINISTRATION OF JUSTICE AND SOCIO ECONOMIC APPROACH AND PHILOSOPHY Salmond- Salmond said that the ‘Definition of law itself reflects that Administration of Justice has to be done by the state on the basis of rules and principles recognized’.Roscoe Pound- He believed that it is the court who has to administer justice in a state. Both, Roscoe … Continue reading Jurisprudence
  • Article 44 -Uniform Civil Code
    IntroductionUniform Civil Code is a proposal in India to devise and enforce the personal laws of people that apply uniformly to all people, irrespective of their religion. At present, the personal laws of different cultures are regulated by their religious scriptures. The adoption of a uniform civil code across the country is one of the … Continue reading Article 44 -Uniform Civil Code
  • Offer-Acceptance-Revocation
    OFFEROffer(i.e. Proposal) [section 2(a)]:-When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal.To form an agreement, there must be at least two elements – one … Continue reading Offer-Acceptance-Revocation
  • Section 35
    DEFINITION:Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property … Continue reading Section 35
  • Judgement
    Judgment is a judicial verdict deciding the case finally with its pronouncement pending proceedings would stand leaving nothing to be considered or re-considered in the future. It is the final decision which decides whether the accused person is innocent or guilty. It is the expression of opinion of the Judge or the Magistrate arrived after … Continue reading Judgement
  • Possession and Ownership and Person
    Possession:“Possession” literary means physical control over a thing or an object. It expresses the closest relation of fact that can exist between a thing and the person, who possess it. In law, possession means it includes not only physical control over a thing but also an intention to exercise that physical control. Example: A has … Continue reading Possession and Ownership and Person
  • Unlawful Assembly
    INTRODUCTION Unlawful assembly is stated under Chapter VIII of the Indian Penal Code. This chapter consists of offences against the public tranquillity. This chapter has further been divided into four groups wherein unlawful assembly comes under the first group. Unlawful assembly has been defined under section 141 of the Indian Penal Code. Article 19(1)(b) of … Continue reading Unlawful Assembly
  • ARTICLE 25-28 Freedom of religion
    IntroductionFreedom of worship in India is a constitutional right granted by Article 25-28 of the Indian Constitution. Modern India came into being in 1947, and the preamble to the Indian constitution was amended in 1976 to state that India is a secular state. However, in S.R. Bommai v. Union of India , the Supreme Court … Continue reading ARTICLE 25-28 Freedom of religion
  • Civil Procedure Code
    SECTION 31-34 SECTION 31 DEFINITION: The provisions in Section 27, 28 and 29 shall apply to summonses to give or to produce documents or other material objects. MEANING: The rules relating to the service of summons issued to the defendant and proof of service also apply to summons to witnesses to give evidence or to … Continue reading Civil Procedure Code
  • Plea Bargaining
    PLEA BARGAINING Plea Bargaining refers to a person charged with a criminal offence (accused) negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence. It primarily involves pretrial negotiations between the accused and the prosecutor. It may involve bargaining on the charge or in the quantum of sentence. Plea … Continue reading Plea Bargaining
  • Volenti Non Fit Injuria
    Legal Legislation      VOLENTI NON FIT INJURIA INTRODUCTION Consent is something that is freely and affirmatively communicated by the willingness of oneself. It is very much defined in the law as the willingness of a person in regard to doing or performing something or getting involved in a particular act at their own risk. Consent … Continue reading Volenti Non Fit Injuria
  • Sources of Law , Rights and Duties
    SOURCES OF LAW: The sources of law may also serve as sources of rights. By a source of law is meant some fact which is legally constitutive of right. It is the de facto antecedent of a legal right in the same way as source of law is de facto antecedent of a legal principle. … Continue reading Sources of Law , Rights and Duties
  • Bailment
    MEANING OF BAILMENT [SECTION 148]             The word bailment is derived from the French word ‘baillier’ which means ‘to deliver’. According to section 148, a “bailment “ is delivery of goods by one person to another for some purpose, upon a contract that they shall ,when the purpose is accomplished , be returned or otherwise … Continue reading Bailment
  • Constitutional Law
    ARTICLE 21 Introduction Article 21 reads as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural magna carta protective of life and … Continue reading Constitutional Law
  • Civil Procedure Code
    Section 27:  Definition: “Where a suit has been duly instituted a summons may be issued to the defendant to appear and answer claim and may be served in manner described (on such day not beyond thirty days from the date of the institution of the suit).” Meaning: Summons is a document from the office of … Continue reading Civil Procedure Code
  • Constitution of Criminal Courts under the Code of Criminal Procedure
    The judicial system in India is one of the most efficient judicial systems in the world and it has been established in such a way so that it caters to the need of every person in the country. The Indian Judiciary is well established with quite a lengthy and complex hierarchy of courts. The judicial … Continue reading Constitution of Criminal Courts under the Code of Criminal Procedure
  • School of Jurisprudence
    Natural law is the moral theory of jurisprudence and often states that laws should be on the basis of ethics and morals. This law also states that law should focus on what is ‘correct’. In general, Natural law is a philosophy of law that focuses on the laws of nature.The philosophical concerns itself mainly with … Continue reading School of Jurisprudence
  • Culpable Homicide and Murder
    INTRODUCTION Murder and Culpable Homicide seems to be similar to each other but there is a fine line of difference between them which is strenuous to understand. Section 299 of the Indian Penal Code defines Culpable Homicide while section 300 of the Indian Penal Code defines Murder. The major difference between them lies in the … Continue reading Culpable Homicide and Murder
  • Supreme Court
    IntroductionThe Supreme Court of India is the Supreme Judicial Body of the Government of India and the Supreme Court of India under the Constitution. It is the highest supreme court that has the right of judicial review.The Chief Justice of India is the Chief and Chief Judge of the Supreme Court and the Court is … Continue reading Supreme Court
  • Indian Stamp and Registration Act
    Introduction: Throughout our lives, we come across various levels and types of transactions and documents. Some of these documents and transactions are of massive importance to us and the State. Without any mechanism of their regulation, it would be troublesome to keep a track of such transactions. For this reason, the State introduced the process … Continue reading Indian Stamp and Registration Act
  • Appeal
    Introduction– It has been well said by Mr. Wilt chamberlain that “nobody is perfect”. The same is true with respect to the judges as well. Judgments by them are not infallible. There are chances of mistake and error being occurred despite all the provisions for ensuring a fair trial and a just decision. To make sure that … Continue reading Appeal
  • Jurisprudence and it’s history
    NATURE: Jurisprudence analyzes legal concepts. It also tries to find out the essential principles of law. It not only analyzes the rules which are already known but it also analyzes and sets the foundation of new rules. It is a result of the thinking of Jurists and philosophers. They are having the freedom to access, … Continue reading Jurisprudence and it’s history
  • Offences relating to Marriage
                INTRODUCTION Marriage is considered to be a very sacred and steady relationship between a husband and wife; and due to some wrong acts which attack directly on the stability of the institution of marriage are considered offences against the marriage. Keeping in view of these antisocial acts, some specific provisions have been provided under … Continue reading Offences relating to Marriage
  • Article 324 – Election Commission
    Introduction Elections have been the normal process by which democratic parliamentary democracy has existed since the 17th century.Elections can be held in the senate, often in the legislative and judicial branches, and for state and municipal councils. This method is now being used in numerous other private and corporate organisations, from clubs to charitable associations … Continue reading Article 324 – Election Commission
  • Transfer of suits (Section 22-24)Civil Procedure Code
    GENERAL: As a general rule, a plaintiff as arbiter litis or dominus litis has right to choose his own forumwhere a suit can be filed in more than one court. Normally, this right of the plaintiff cannot be curtailed, controlled by the power vested in superior courts to transfer a case pending in one inferior … Continue reading Transfer of suits (Section 22-24)Civil Procedure Code
  • Trial of Warrant Cases by Magistrates
    Criminal Procedure Law Criminal cases can be divided into two types: Summons Case and Warrant Case. A summons case relates to an offence not being in a warrant case. Warrant cases are those that include offences punishable with death penalty, imprisonment for life or imprisonment exceeding more than two years. The criteria that differ a … Continue reading Trial of Warrant Cases by Magistrates
  • Indian Evidence Act, 1872
    TYPES OF WITNESS, ACCOMPLICE AND PRESUMTION TYPE OF WITNESS: A witness is a person who has firsthand information about the happening of an event. The declaration and statement of a witness, are made under oath and are received as evidence for some purpose, whether such statements or declaration are made on oral examination or by … Continue reading Indian Evidence Act, 1872
  • Kidnapping and Abduction
    INTRODUCTION The word kidnapping has been derived from the word “kid” which means child and “napping” which means to steal. Thus, kidnapping literally means child stealing. The offence of kidnapping is an aggravated form of wrongful confinement and is, therefore, an offence in which all elements of that offence are necessarily present. Kidnapping and abduction … Continue reading Kidnapping and Abduction
  • Constitutional Law
    Panchayat and Municipality Introduction• The first Panchayati system (called “Panchayati Raj”) was established in Nagaur, Rajasthan, in 1959, as recommended by the Balwant Rai Committee.• This Committee did far-reaching work in the area of rural democracy, which brought Balwant Rai the title of “Father of Panchayati Raj.” Gradually, this system was adopted by other states … Continue reading Constitutional Law
  • 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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