Inherent Powers of the High Courts

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Inherent Powers are those powers that are not mentioned anywhere in the code. Inherent power or the inherent jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the ends of justice. These powers of the High Court should be used only in exceptional cases.

In the following cases, the inherent power of the High Court could be exercised to quash the proceedings-Read More →

Constitutional Doctrines

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In this law note, let us learn about the six most important constitutional doctrines applied under the Indian Constitution:

1. Doctrine of Eclipse.
2. Doctrine of Severability.
3. Doctrine of Judicial Review.
4. Doctrine of Pith and Substance.
5. Doctrine of Colorable Legislation.
6. Doctrine of Harmonious Construction.Read More →

Classes of Criminal Courts in India

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Criminal courts can be categorised or classified (in the hierarchy) as given below:

1. Supreme Court.
2. High Court.
3. Courts of Sessions.
4. Judicial Magistrates of the First Class (called Metropolitan Magistrates in the metropolitan area).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.

Let us learn more about the six above-mentioned criminal courts.Read More →

What is Inter-State Arrest and its Guidelines

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The guidelines are as follows:
1. The police officer must take the prior written permission of the superior officer to go out of the state or union territory to carry out the investigation. He can take permission on the phone only in case of urgencies.

2. In cases where the police officer decides to arrest an accused in another state, he must write facts and reasons so as to satisfy why the arrest is necessary. The police officer must attempt to get an arrest or search warrant from the magistrate having jurisdiction.Read More →

Between Nominee and Legal Heir, who is the Real Owner

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Many people during their investments in their lifetime get misled that nominees are real owners, and it often creates confusion due to the regular usage of the word.

The dictionary meaning of the word represents a person who has been officially suggested for a position.

Strictly speaking, a nominee is an act of officially suggesting a person to take care of the properties after death and later pass it on to the legal heirs.Read More →

Fundamental Duties Explained - Indian Constitution

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Fundamental Duties are enshrined under Part IVA, Article 51A of the Indian Constitution. Originally, the Constitution of India had no mention of Fundamental Duties. They were added through the 42nd Constitutional Amendment on the recommendations of the Swaran Singh Committee.

42nd amendment added a new Part IVA, which constituted Article 51A to the Indian Constitution and contained ten Fundamental Duties of the citizen.Read More →

Lok Adalat Need, Functioning, Powers, Benefits

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Lok Adalat is one of the significant components of the Alternative Dispute Resolution system. Lok Adalat means People’s Court. It is a forum where the disputes which are pending in a court or are at the pre-litigation stage are settled cordially.

The system of Lok Adalat is based on Gandhian Principles. The Constitution of India has defined a common goal for its citizens to secure all the citizens of India – Justice (social, economic and political), Liberty, Equality and Fraternity.Read More →

Independence of High Court

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These are the ten constitutional provisions that ensure the independence and impartial functioning of the High Court.
1. Appointment of High Court judges.
2. Security of tenure.
3. Fixed service conditions.
4. Expenses charged on the consolidated fund.
5. Conduct of judges cannot be discussed.
6. Ban on practice after retirement.
7. Power to punish for its contempt.
8. Freedom to appoint its staff.
9. Jurisdiction of High Court cannot be curtailed.
10. Separation from executive.Read More →

Retracted Confession Under Indian Evidence Act

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What is Retracted Confession
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to having committed the offence, but which he rejects 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. Here are two important cases related to the evidentiary value of a retracted confession.
1. Bharat vs State of UP, 1971.
2. Manjit Singh vs CBI, 2011.Read More →

Maintenance under CrPC

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According to section 125 of CrPC, a person having sufficient means is bound to maintain:-
I. His Wife (unable to maintain herself).
II. His legitimate or illegitimate minor child, whether married or not (unable to maintain himself/herself).
III. His legitimate or illegitimate child (not a married daughter) who has attained majority, if the child is physically or mentally abnormal or having any injury by which he/she is unable to maintain himself/herself.
IV. His father or mother (unable to maintain himself/herself)Read More →

Doctrine of Basic Structure with Landmark Judgements

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Various questions regarding amendments emerged gradually after the Constitution came into force. Some of them are:
1. Can the Parliament amend the Constitution?
2. Can the Preamble be amended?
3. Can the Parliament amend the Fundamental Rights?
4. Is the amending power under Article 368 absolute?

All the above questions were answered in the following landmark judgments.Read More →

Important Case Laws on Dowry Death - Section 304B, IPC

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The demand for dowry can be seen almost everywhere. Though Bharat is developing and we already have entered into a modern society, the practise of dowry demand is still prevailing. The provision related to dowry death is given under section 304B of the Indian Penal Code.

In this article, you are going to read the case laws that are related to dowry death. Along with that, the recent judgements related to dowry death are also covered.Read More →