JUDICIARY NOTES

JURISDICTION AND TRANSFER In every organized functioning system proper demarcation of the area of work and distribution of power is important to avoid unwanted chaos. Jurisdiction can be said as the limit over which a particular authority mat exercise its power for performing its duties.  It elucidates the authority of each court, extent their powers … Continue reading Code Of Criminal Procedure: Jurisdiction and transfer of cases

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

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

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

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

RIGHT TO EQUALITY – Introduction The Constitution of India guarantees the Right to Equality through Articles 14 to 18. “Equality is one of the magnificent corner-stones of Indian democracy.” (Indra Sawhney v. Union of India, 1993) The doctrine of equality before law is a necessary corollary of Rule of Law which pervades the Indian Constitution.(Ashutosh … Continue reading The Fundamental Rights – II (Right to Equality -1 Articles 14 & 15)

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

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 the … Continue reading 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 the … Continue reading Offences relating to Marriage

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

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

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 court to another or … Continue reading Transfer of suits (Section 22-24)Civil Procedure Code

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

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

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

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

EXECUTION OF SENTENCES It means the enforcement or implementation of a judgment or order or direction passed by the court of judicature. The process of execution of the sentence depends on the nature and type of the sentence pronounced by the Judge or the Magistrate. SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES Suspension means to postpone … Continue reading EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

SUBSTITUTED PERFORMANCE Section 20 of the Specific Relief Act, 1963(as it stood before amendment) provided that the court has the discretion to grant specific performance of contract and it is not bound to grant such relief solely because it is lawful to do so. However, Specific Relief Amendment Act, 2018 has substituted section 20 with … Continue reading Substituted Performance Of Contract (Sec 20 – Sec 20C)

MAINTENANCE OF WIVES, CHILDREN AND PARENTS It is the legal obligation of the concerned person to take care and provide maintenance to their respective dependants as of wife, children and parents. This concept is primarily should be dealt in Civil law and it provides the provisions as well. But the necessity of including the potion … Continue reading CODE OF CRIMINAL PROCEDURE, 1973: PREVENTIVE MEASURES

IMPORTANT POINT- The first amendment act of Indian constitution was held 1950. The last amendment act of Indian constitution was held in 2020. There are three type of amendments done in the house of parliament. Firstly, Amendment is done in parliament of India that can be passed by the simple majority.  The second type of … Continue reading AMENDMENTS IN INDIAN CONSTITUTION

CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS SECTION 10.  What agreements are contracts? All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall affect any law in … Continue reading Indian Contract Act, 1872 (Sec. 10-19)

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

CHAPTER X (SEC. 182-238)(CONT.) AGENCY SECTION 211  Agent’s duty in conducting principal’s business. An agent is bound to conduct the business of his principal according to the directions given by the principal, or, in the absence of any such directions, according to the custom which prevails in doing business of the same kind at the … Continue reading INDIAN CONTRACT ACT, 1872

PART III  PREVENTIVE RELIEF  Chapter VII – Injunctions Generally  (Sections 36 – 37) PREVENTIVE RELIEF: Specific relief afforded by means of injunction, temporary or perpetual is called preventive relief. Injunction is a form of specific relief which the Courts grant when pecuniary compensation would be inadequate or altogether futile. The object of granting injunction is … Continue reading The Specific Relief Act, 1963

Chapter V Cancellation of Instruments (Section 31-33) Cancellation of instruments is provided under section 31 to 33 of the specific Relief Act 1963. The relief given by section 31 of the specific relief act is based upon protective justice and upon the idea of ‘quia time’ i.e. for fear. That is why where there is … Continue reading The Specific Relief Act, 1963

SECTION 196. Right of person as to acts done for him without his authority.Where acts are done by one person on behalf of another, but without his knowledge or authority, he may elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been performed … Continue reading INDIAN CONTRACT ACT, 1872 Chapter-X (SEC. 182-238)(CONT..)AGENCY

SUBJECT: CONSTITUTIONAL LAW CASE NAME: Minerva mills vs union of India and ors. CITATION: AIR 1980 SC 1789 BENCH: Chandrachud, Y.V (CJ), Bhagwati, P.N Gupta, A.C. Untwalia, N.L. Kailasam, P.S. PETITIONER: Minerva Mills Ltd & Ors. RESPONDENTS: Union of India & Ors. DECIDED ON: 31/July/1980 Introduction: Fundamental Rights are the essence of the Constitution and … Continue reading Constitutional Law- Minerva mills vs Union of India and ors.

SEECTION 76. Certified copies of public documents.— Every 1public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is … Continue reading Indian Evidence Act,1872

SECTION 66. Rules as to notice to produce.— Secondary evidence of the contents of the documents referred to in section 65, clause (a) , shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, 1[or to his attorney or pleader,] … Continue reading Indian Evidence Act, 1872

CHAPTER X (SEC. 182-238) AGENCY SECTION 182.  “Agent” and “principal” defined. An “agent” is a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the “principal”. SECTION 183. Who may employ agent. … Continue reading Indian Contract Act, 1872

CHAPTER IX (SEC. 148-181)(cont..) SECTION 166. Bailee not responsible on re-delivery to bailor without title. If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery1 . … Continue reading Indian Contract Act, 1872

 Proof of facts by oral evidence  (SECTION 59)   All facts, except the [contents of documents or electronic records], may be proved by oral evidence.All facts, except the [contents of documents or electronic records], may be proved by oral evidence.   Oral evidence must be direct (SECTION 60)  Oral evidence must, in all cases whatever, be direct; … Continue reading Indian Evidence Act,1872

DATE – 05/02/2021  DAY – FRIDAY  CRIMINAL PROCEDURE CODE, 1973  COMPLAINTS TO MAGISTRATES  The chapter XV deals with the issue of complaints to the Magistrates. This procedure of issuing complaints about judicial and other conducts makes provision for bringing into notice directly to the chief magistrates also.  It must be remembered that an order summoning … Continue reading Criminal Procedure Code, 1973

DAY 07 DATE 04-02-2021 INDIAN EVIDENCE ACT , 1872 Opinion as to handwriting, when relevant (SECTION 47) When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to … Continue reading Indian Evidence Act , 1872

CHAPTER VII SEC. 76-123(rep.)  SECTION 76-89- SALE OF GOODS                        (REPEALED) SECTION 90-94- DELIVERY                                   (REPEALED) SECTION 95-98- SELLER’S LIEN                   … Continue reading Indian Contract Act,1872

What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. (SECTION 39)When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms … Continue reading Indian Evidence Act, 1872

DAY – 08 DATE – 23/01/2021 PART III  PREVENTIVE RELIEF  Chapter VII – Injunctions Generally  (Sections 36 – 37) PREVENTIVE RELIEF: Specific relief afforded by means of injunction, temporary or perpetual is called preventive relief. Injunction is a form of specific relief which the Courts grant when pecuniary compensation would be inadequate or altogether futile. … Continue reading The Specific Relief Act, 1963

DAY 05            DATE  21-01-2021 Cases in which statement of relevant fact by person who is dead or cannot be found, etc is relevant—(Section 32) Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot … Continue reading Indian Evidence Act , 1872

Chapter-V (Sec. 68-72) OF CERTAIN RELATINS RESEMBELING THOSE CREATED BY CONTRACT. SECTION 68. Claim for necessaries supplied to person incapable of contracting, or on his account. If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition … Continue reading Indian Contract Act, 1872

MAINTENANCE OF WIVES, CHILDREN AND PARENTS It is the legal obligation of the concerned person to take care and provide maintenance to their respective dependants as of wife, children and parents. This concept is primarily should be dealt in Civil law and it provides the provisions as well. But the necessity of including the potion … Continue reading CODE OF CRIMINAL PROCEDURE, 1973: PREVENTIVE MEASURES

SECTION 51.  Promisor not bound to perform, unless reciprocal promisee ready and willing to perform. When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to perform his reciprocal promise. Illustrations (a) A and B contract that A shall deliver goods … Continue reading INDIAN CONTRACT ACT, 1872 (Sec 51-67)

ALL INDIA LEGAL FORUM DAY – 07 DATE – 16/01/2021 Cancellation of Instruments (Section 31-33) Cancellation of instruments is provided under section 31 to 33 of the specific Relief Act 1963. The relief given by section 31 of the specific relief act is based upon protective justice and upon the idea of ‘quia time’ i.e. … Continue reading THE SPECIFIC RELIEF ACT, 1963 Chapter V

ALL INDIA LEGAL FORUM DAY – FRIDAY DATE – 15/01/2021 CRIMINAL PROCEDURE CODE, 1973 PREVENTIVE MEASURES A – UNLAWFUL ASSEMBLIES DISPERSAL OF ASSEMBLY BY USE OF CIVIL FORCE (SECTION 129) (1) Any Executive Magistrate or officer in charge of a police station or, by use of civil force in the absence of such officer in … Continue reading MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

IMPORTANT POINT- The first amendment act of Indian constitution was held 1950. The last amendment act of Indian constitution was held in 2020. There are three type of amendments done in the house of parliament. Firstly, Amendment is done in parliament of India that can be passed by the simple majority.  The second type of … Continue reading AMENDMENTS IN INDIAN CONSTITUTION (PART-1)

SECTION 31.  “Contingent contract” defined. A “contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Illustration A contracts to pay B Rs. 10,000 if Bs house is burnt. This is a contingent contract. SECTION 32.  Enforcement of contracts contingent on … Continue reading CONTINGENT CONTRACTS

Chapter III Rectification of Instruments (Section 26) SECTION 26 – WHEN INSTRUMENT MAY BE RECTIFIED According to section 26, if a contract or some other instrument in writing does not express the real intention of the parties due to fraud or mutual mistakes of the parties, the court is empowered to rectify the instrument for … Continue reading THE SPECIFIC RELIEF ACT, 1963

SUMMARY TRIALS The summary trials are the easier way or a short cut method of comprehending a case. Under criminal procedure code, 1973, is dealt under the chapter XXI within sections 260 to 265 accordingly. Though the summary process is a smaller one, it involves high times of risks. So, the summary trials are usually … Continue reading CODE OF CRIMINAL PROCEDURE, 1973

 SECTION 22. When oral admission as to contents of documents are relevant. Oral admissions as to the contents of a document are not relevant unless and until the party proposing them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness … Continue reading Indian Evidence Act, 1872 (Sec 22-31)

The Constitution of India as we all know is a supreme law of the country and every citizen of our country has to abide by the constitution. SIZE OF THE CONSTITUTION: The Indian Constitution is one of the lengthiest constitutions in the world and it is also very detailed. Currently there are 12 schedules and … Continue reading Salient Features Of The Constitution

CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS SECTION 10.  What agreements are contracts? All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Nothing herein contained shall affect any law in … Continue reading Indian Contract Act, 1872 (Sec. 10-30)

 SECTION 17: DEFINITION OF ADMISSION An admission is a statement, 1[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 circumstances, hereinafter mentioned. Comment s Admissibility is substantive evidence of the fact … Continue reading Indian Evidence Act, 1872 (Section 17-21)

PREAMBLE [9 OF 1872]  Whereas it is expedient to define and amend certain parts of the law relating to contract; it is hereby enacted as follows :- 1. Short title This Act may be called be the Indian Contract Act, 1872.  Extent, commencement – It extends to the whole of except the State of Jammu … Continue reading Indian Contract Act, 1872

SUBSTITUTED PERFORMANCE OF CONTRACT SECTION 21 – POWER TO AWARD COMPENSATION IN CERTAIN CASES Comment  The cause of action for specific performance or for damages is breach of contract or non-performance of a duty. Where there has been breach of contract, the party can file a suit for specific performance of the contract and also … Continue reading The Specific Relief Act, 1963 (Sec 21 – Sec 24)

SECTION 10 This section states that whenever there is a reasonable ground to believe that two or more persons have conspired and a co-conspirator says, does or writes something, the evidence is relevant on a condition that the act must have a reference to their common  intention. It is important to have a reasonable ground … Continue reading Indian Evidence Act (Section 10-16)

SYNOPSIS 1.Defintion 2.Lawful consideration 3.Privity of contract 4.Exceptions to Rule of Privity 5.Past consideration 6.Position in india 7.Conclusion CASE LAW:- Durga Prasad v. Baldeo  Tweddle v. Atkinson Consideration is defined in Section 2(d) as follows: S. 2(d) : When, at the desire of the promisor, the promisee or any other person has done or abstained … Continue reading Law Of Contract : Consideration

DEFINITIONS : “Court”— “Court” includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence. “Fact” — “Fact” means and includes—  (1) anything, state of things, or relation of things, capable of being perceived by the senses; (2)  any mental condition of which any person is conscious. Example:  (a) That there are certain … Continue reading Indian evidences act, 1872

TRIAL BEFORE A COURT OF SESSION A trial is the initiating process carried out in Courts or in any competent authority with the obligation of hearing and settling disputes. The parties present their side of documents and other proofs as record of evidence, thereby, also standing with each of their arguments. It is a formal … Continue reading Criminal Procedure Code : Trial Before A Court Of Session

SUBSTITUTED PERFORMANCE Section 20 of the Specific Relief Act, 1963(as it stood before amendment) provided that the court has the discretion to grant specific performance of contract and it is not bound to grant such relief solely because it is lawful to do so. However, Specific Relief Amendment Act, 2018 has substituted section 20 with … Continue reading Substituted Performance Of Contract (Sec 20 – Sec 20C)

SYNOPSIS 1.Defintion 2.Lawful consideration 3.Privity of contract 4.Exceptions to Rule of Privity 5.Past consideration 6.Position in india 7.Conclusion CASE LAW:- Durga Prasad v. Baldeo  Tweddle v. Atkinson Consideration is defined in Section 2(d) as follows: S. 2(d) : When, at the desire of the promisor, the promisee or any other person has done or abstained … Continue reading Law Of Contract: Consideration

EXECUTION OF SENTENCES It means the enforcement or implementation of a judgment or order or direction passed by the court of judicature. The process of execution of the sentence depends on the nature and type of the sentence pronounced by the Judge or the Magistrate. SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES Suspension means to postpone … Continue reading EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

Abolition of Untouchability Art. 17 Article 17 abolishes untouchability and forbids its practice in any form. The enforcement of any disability arising out of “untouchability” is to be an offence punishable in accordance with law. Abolition of untouchability in itself is complete and its effect is all pervading applicable to state action as well as … Continue reading THE FUNDAMENTAL RIGHTS – III (Right to Equality – Articles 17 & 18)

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 Procedure Code, 1973: Criminal Courts

Introduction   History of Specific Relief Act, 1963 In 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 … Continue reading The Specific Relief Act, 1963 (Sec 1 – Sec 8)

Introduction:- Every promise and every set of promises forming the consideration for each other is an agreement. An agreement not enforceable by law is said to be void. Unlawful agreements are those which are discountenanced by law. They may be (i) illegal, or (ii) immoral; or (iii) opposed to public policy. An illegal contract. while … Continue reading Law of Contract: Void Agreements

The Concept of Fundamental Rights Since 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, and an effective social and democratic life … Continue reading The Fundamental Rights – I (Articles 12 and 13)

JURISDICTION AND TRANSFER In every organized functioning system proper demarcation of the area of work and distribution of power is important to avoid unwanted chaos. Jurisdiction can be said as the limit over which a particular authority mat exercise its power for performing its duties.  It elucidates the authority of each court, extent their powers … Continue reading Code Of Criminal Procedure: Jurisdiction and transfer of cases

RIGHT TO EQUALITY – Introduction The Constitution of India guarantees the Right to Equality through Articles 14 to 18. “Equality is one of the magnificent corner-stones of Indian democracy.” (Indra Sawhney v. Union of India, 1993) The doctrine of equality before law is a necessary corollary of Rule of Law which pervades the Indian Constitution.(Ashutosh … Continue reading The Fundamental Rights – II (Right to Equality -1 Articles 14 & 15)

Specific Performance of Contracts (SEC 9 – SEC 13) INTRODUCTION According to Indian Contract Act,1872, a contract is an agreement enforceable by law. Every contract creates certain rights and obligation for the parties. One such obligation is to perform the contract in a way the parties intended to. When a party fails in performing their … Continue reading The Specific Relief Act, 1963 (Sec 9 – Sec 13)

Death sentence / capital punishment / death penalty is a legally sanctioned punishment given for some crimes (depends on category of criminal offence, heinous nature or gravity of offence as said by the law) with which the substantive law (INDIAN PENAL CODE, 1860) in India states, and as well the final execution procedures are dealt … Continue reading Criminal Procedure Code: Death Sentence

Contracts which cannot be specifically enforced  Sec 14 – Contracts not specifically enforceable AMENDMENT ACT OF 2018 Specific Relief Amendment Act, 2018 was passed with intention to make specific performance of contract a general rule. With this pro- performance regime, the newly substituted Section 14 has reduced the categories of contracts that are not specifically … Continue reading The Specific Relief Act, 1963 (Sec 14 – SEC 19)

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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:“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

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

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

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 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

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: 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

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

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

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

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

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