When court will take help of expert opinion? (section 45)
When the court has to form an opinion on the point of-
1. Foreign Law
2. Science
3. Art
4. Identity of Handwriting
5. Finger ImpressionsKeep Reading
(Useful for PT/MAINS)
Section 30: Minors admitted to the benefit of Partnership.
Who can be a partner?
With combined effect of section 2(c) and section 3, reference is made from section 10 of Indian Contract Act.
So any person of sound mind, major and not disqualified by law can be a partner.Keep Reading
1. Expert witness gives evidence of his opinion that is the ground on basis of which he has given his opinion.
Ordinary witness is a witness of fact and gives evidence of those facts which are under inquiry.
2. The expert supports his evidence by the experiments which has been performed by him in absence of opposite party.
Ordinary witness is available to opposite party for veracity.Keep Reading
A new partner can be introduced into a firm in the following ways:
1. With the consent of all existing partners.
2. In accordance with a contract between the partners.
3. In accordance with the provisions of section 30. (minors)Keep Reading
1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.
2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.
3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.
1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.
2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.
3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.Keep Reading
1. An investigation is made by a police officer or by some person authorised by a magistrate. Inquiry is made by magistrate or court. Investigation is never made by magistrate or court.
2. The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or false of certain facts with a view to take in further action…Keep Reading
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.Keep Reading
According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.
When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.Keep Reading
1. Offence where punishment is not more than 7 years.
2. The offence which are not against the women and children.
3. The offence which does not affect the socio-economic condition of the country.
The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961Keep Reading
According to section 265B, a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
The application will contain a brief description of the case and shall be accompanied by an affidavit. After receiving the application the court shall issue notice to the public prosecutor or the complainant of the case as the case may be and to the accused to appear on date fixed for the case…Keep Reading
(Chapter 12, Section 154-176)
Information → To Police
Investigation → By Police
Section 154 : FIR : This section has three objects-
1. To inform the magistrate of the district and the DSP who are responsible for the peace and safety of the district of the offences reported at the police station…Keep Reading
Cryptic (mysterious, confusing, mystifying, perplexing, puzzling, obscure) and ambiguous (open to debate/argument, arguable, debatable; obscure, unclear, imprecise, vague, abstruse, doubtful, dubious, uncertain) telephone message which do not clearly specify a cognizable offence cannot be treated as FIR.
But where there is proper information about the commission of a cognizable offence and is reduced in writing by police officer then it can be treated as FIR.Keep Reading
Here is a beautiful, colourful and very functional PDF having 100 short questions with answers which are extremely important for judiciary exams and many other law exams.
The questions and answers have links in them so that you can read that topic in detail if you want.
You can also take a free online test before or after reading these question and answers.Keep Reading
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates (reject, disown, abandon, renounce, refuse to accept or be associated with) at the trial.
Evidentiary value of retracted confession.
It is unsafe to base the conviction on a retracted confession unless it is corroborated by trustworthy evidence.Keep Reading
Direct Evidence
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.
Example-
A is tried for causing grievous hurt to B with a club. C deposes to the fact that he saw the accused, inflicting the blow, which caused the grievous hurt. The evidence adduced (mentioned, pointed out, cite as evidence) by C is direct evidence.Keep Reading