Contract of Agency – Characteristics, Formation and Termination
2021-09-23
The features or characteristics of a contract of agency can be learnt from sections 183 to 185 of the Indian Contract Act.Read More →
Adultery in India – Meaning, Punishment and Recent Decision
2021-09-18
Adultery under section 497 IPC, is an offence committed against the husband because a wife can’t be punished for the offence of adultery under this section.Read More →
What Is Memorandum of Association of a Company – Purpose, Clauses, Form
2021-09-18
The Memorandum of Association (MoA) is the most important document of the company as the company’s main object is mentioned under this document.Read More →
Concept of Conciliation Under ADR
2021-09-15
Conciliation is the procedure through which the conciliator informally tries to settle the dispute between the parties and brings them to an agreement.Read More →
Object, Nature and Scope of CrPC
2021-09-14
Code of Criminal Procedure is an essential act, and many ask what is the scope, nature, and object of CRPC. Here is the precise answer.Read More →
What Is the Meaning of Ostensible Owner Under TPA
2021-09-14
Ostensible owner in TPA, is a person who has all the indications of ownership and looks like owner of property but is not the real owner.Read More →
Live Streaming of Court Proceedings in India
2021-09-13
The live streaming of the court proceedings is restricted to lawyers and the clients only instead of the public. Learn about its pros, cons, and more.Read More →
What Is Judicial Custody and Police Custody Under CrPC?
2021-09-13
When a person is arrested, he is taken to custody for questioning and further investigations. Let us learn about judicial custody and police custody.Read More →
When the Investigation Cannot Be Completed in 24 Hours? Section 167 CrPC Explained
2021-09-11
Learn about Section 167 of the Criminal Procedure Code that provides for the procedure when investigation cannot be completed within 24 hours.Read More →
31 Important Case Nomenclatures Used in Indian Courts
2021-09-09
Certain nomenclatures are followed in daily life during the filing of cases in court. Advocates and students need to remember these for easy facilitation in filing cases.Read More →
Essential Elements of a Valid Contract
2021-09-07
The essential elements or necessary conditions of an agreement to become a valid contract are: 1. More than one party. 2. Agreement…Read More →
Meaning, Objects, and Essentials of Arbitration Agreement
2021-09-04
Arbitration means the settlement of a dispute by a third party’s judgment called arbitrator without recourse to the court of law. This law note tells you more about Arbitration Agreement.Read More →
Rights and Safeguards of Arrested/Accused Person Under Indian Laws
2021-09-03
This law note tells you the rights and safeguards of an arrested person under the Indian Constitution and CrPC. Plus, the Supreme Court Guidelines.Read More →
Article 15 of the Indian Constitution Explained
2021-09-02
Article 15(1) of the Constitution of India says that there should be no discrimination on the grounds of only religion, race, caste, sex and place of birth or any of them.
Article 15(2) further provides that the citizens, as well as the states, should not make such discrimination concerning access to shops, hotels, etc. and also to all places of public entertainment, wells, tanks, and more.Read More →
National Commission for Women and its Functions
2021-08-31
The functions of the National Commission of Women is defined in Section 10 of the National Commission for Women Act which is as follows.Read More →
What Is Reference Under CrPC – Section 395 and 396
2021-08-28
Reference and revision have been discussed under chapter XXX of the Criminal Procedure Code, 1973, from sections 395 to 405.
Section 395 and section 396 of the Criminal Procedure Code, 1973 deal with reference. And sections 397 to 405 of the Criminal Procedure Code discuss revision.Read More →
What Is Revision Under CrPC – Section 397 to 405
2021-08-28
The word revision is not defined in the code. The provisions for revision under the Criminal Procedure Code, 1973 are given under sections 397 to 405.
Under section 397 of the Criminal Procedure Code, the High Court and Court of Session have been empowered to call for and examine the records of any proceeding and satisfy oneself as to the:Read More →
15 Types of Legal Deeds in India
2021-08-26
Some of the important types of deeds are:
1. Sale Deed.
2. Mortgage Deed.
3. Lease Deed.
4. Gift Deed.
5. General Warranty Deed.
6. Special Warranty Deed.
7. Adoption Deed.
8. Quitclaim Deed.
9. Trust Deed.
10. Court Order Deeds.
11. Fiduciary Deed.
12. Grant Deed.
13. Conveyance Deed.
14. Deed of Power of Attorney.
15. Relinquishment Deed.Read More →
Transfer of Cases under Sections 406 to 411 CrPC
2021-08-21
The provisions related to the transfer of cases are given under Chapter XXXI, from sections 406 to 411 of the Criminal Procedure Code, 1973.
To secure a fair, honest and impartial trial, sometimes the transfer of a case becomes necessary. If an accused person believes (with a reasonable cause) that he may not receive a fair trial at the present court, he should be empowered with the right to have his case transferred to another court.Read More →
Incoming and Outgoing Partners – Partnership Act Notes
2021-08-20
Incoming Partner is the partner who is joining the partnership firm by contract or is added to the firm.
Outgoing Partner is the partner who is leaving the partnership firm. It can be because of death, expansion, retirement etc.
Incoming Partner: 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)Read More →
Res Gestae Under Section 6 of the Indian Evidence Act
2021-08-17
Section 6 Indian Evidence Act discusses the relevancy of facts that form part of the same transaction. Section 6 is based on the English principle res gestae, which on translation means things said and done in the course of the transaction. Hence res gestae includes act as well as a statement.
Section 6 of the Indian Evidence Act is as follows:
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.Read More →
Legitimacy of a Child under Indian Evidence Act with Case Laws
2021-08-16
Section 112 of the Indian Evidence Act lays down that:
1. the fact that a child was born during the subsistence of a valid marriage between his mother and a man, or
within 280 days after the dissolution of marriage and the mother remains unmarried,
2. this shall be conclusive proof that it is the legitimate child of that man.
Important: This provision is subject to the exception that the man and woman had no access to each other.Read More →
Constitutional History Law Note – Evolution of Indian Constitution
2021-08-15
1. Regulating Act, 1773
2. Pitts India Act, 1784
3. Charter Act, 1813
4. Charter Act, 1833
5. Government of India Act, 1858
6. Indian Council Act, 1861
7. Indian Council Act, 1892
8. Act of 1909 (Minto Morley Reforms)
9. Act of 1919 (Montagu Chelmsford Reforms)
10. Government of India Act, 1935
11. Cripps Mission
12. Cabinet Mission Plan
13. Indian Independence Act, 1947Read More →
Statement and Confession under Section 164 CrPC
2021-08-13
Section 164 of the Criminal Procedure Code deals with the magistrate’s power to record a confession and other statements. The confession so recorded can be used as substantive evidence. In this law note, let us study the statements and confessions under section 164 CrPC.
A confession is a statement in which the suspect acknowledges his guilt of a crime.
A statement is the declaration of matter of fact.Read More →
What are the Legal Protections Available to an Accused
2021-08-11
Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:
1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.Read More →
Niti Aayog – Composition, Agenda, Aims, Objectives
2021-08-10
In the year 2014, the government replaced the Planning Commission with a body called Niti Aayog. NITI stands for ‘National Institution for Transforming India.’
Niti Aayog is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.
The government was of the view that with the changing norms and structure of the Indian economy, it is necessary to take a step forward and modalise the organisations for better working in this competitive era.Read More →
List of Important Sections of Indian Evidence Act
2021-08-09
Here are the useful and important sections of the Indian Evidence Act to help you prepare for your law exams and do well in advocacy.Read More →
List of Important Sections of Hindu Law
2021-08-09
Section 2 – Application of Act.
Section 3 – Definitions.
Section 5 – Conditions for a Hindu Marriage.
Section 7 – Ceremonies for a Hindu Marriage.
Section 8 – Registration of Hindu Marriages.
Section 9 – Restitution of conjugal rights.Read More →
13 Types of Court Orders Under CPC
2021-08-09
So let us get right in and learn about the various types of court orders under the Civil Procedure Code in India.
1. Interlocutory Orders.
2. Permanent Orders.
3. Mandatory Orders.
4. Final Order.
5. Speaking Order.
6. Non-Speaking Order.
7. Anton Pillar Orders.
8. Remand Order.Read More →
List of Important Sections of CrPC
2021-08-07
Section 2 – Definitions.
Section 6 – Classes of Criminal Courts.
Section 9 – Court of Session.
Section 10 – Subordination of Assistant Sessions Judges.
Section 11 – Courts of Judicial Magistrates.
Section 12 – Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.Read More →
List of Important Sections of Sale of Goods Act
2021-08-07
Section 1 – Short title, extent and commencement.
Section 2 – Definitions.
Section 4 – Sale and agreement to sell.
Section 5 – Contract of Sale how made.
Section 6 – Existing or future goods.
Section 11 – Stipulations as to time.
Section 12 – Condition and warranty.Read More →
Right to Information as a Fundamental Right
2021-08-04
Right to information is merely a statutory right created by the RTI Act, 2005, whereas it is essentially a Fundamental Right guaranteed by the Constitution of India.
Throughout the world, RTI is seen as a key to strengthen the democracy of a country and to ensure the development of its citizens. Even in India, the government enacted the Right to Information Act in 2005, allowing transparency, autonomy, and access to information to Indian citizens.Read More →
Remedies Under Tort Law
2021-08-02
The remedy is nothing but a relief available to the person against whom any wrong has been committed. And such relief is given by the accused party.
A tort can be committed against an individual or his property. Certain torts take place even if a person does not have an intention to commit them. Example – Nuisance.Read More →
Pre-trial and Post-trial Stage in Criminal Proceedings
2021-07-29
The pre-trial, trial and post-trial stages of the Criminal Procedure Code can be classified into three divisions based on the stage of the proceedings they deal with.Read More →
Prime Minister of India – Appointment, Oath, Term, Resignation, Powers and Functions
2021-07-25
Being the head of the government, various functions and powers are bestowed upon the Prime Minister. These are:
1. Prime Minister recommends the President regarding the appointment of ministers. The nomination of members of the council of ministers is done by the Prime Minister to the President.
2. The allocation and reshuffling of various portfolios among ministers is done by the Prime Minister. If any portfolio is not allocated to any cabinet member, the Prime Minister may retain it.Read More →
Types and Classification of Company Under Companies Act, 2013
2021-07-23
The three basic types of companies incorporated under the Companies Act, 2013 are private company, public company and one person company.Read More →
Arrest Under CrPC Explained With Cases and Supreme Court Guidelines
2021-07-23
Arrest in the legal sense under CrPC means taking into custody of another person under the authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.
Section 46 of CrPC prescribes the mode of arrest.Read More →
Inherent Powers of High Court Under CrPC with Important Cases
2021-07-22
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 →
6 Most Important Constitutional Doctrines
2021-07-20
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 →
Types of Writs Under Constitution of India – Article 32 and 226
2021-07-19
A writ is an order or command issued by a court to any person or authority to do or abstain from doing an act. This law note explains writs.Read More →
6 Types or Categories of Criminal Courts in India
2021-07-18
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 Mortgage and Six Types of Mortgage
2021-07-16
There are six types of mortgage. They are:-
1. Simple Mortgage.
2. Mortgage by Conditional Sale.
3. Usufructuary Mortgage.
4. English Mortgage.
5. Mortgage by Deposit of Title Deeds.
6. Anomalous Mortgage.Read More →
What Is Inter-State Arrest and Its Guidelines
2021-07-16
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 →
Who Is the Real Owner – Nominee or Legal Heir
2021-07-15
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 →
When Communication of Acceptance is Complete – Contract Act
2021-07-14
Section 4 of the Indian Contract Act talks about ‘Communication When Complete.’ This Contract Act law note briefly tells you more about it.Read More →
Fundamental Duties Explained – Indian Constitution
2021-07-12
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 →
What Is Lok Adalat and Its Needs, Functioning, Powers, Benefits
2021-07-11
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 →
Constitutional Provisions that Ensure the Independence of High Court
2021-07-10
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 →
What Is Suit of Civil Nature in Civil Procedure Code, 1908
2021-07-10
In the suit, if the principal question relates to the determination of a civil right, then the suit is of a civil nature.Read More →
What is Retracted Confession in the Indian Evidence Act
2021-07-08
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 →
Law for Maintenance of Parents, Wife, and Children in India
2021-07-08
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
2021-07-08
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 →
Most Important Case Laws on Dowry Death – Section 304B, IPC
2021-07-07
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 →
Composition and Functions of the Finance Commission
2021-07-06
Finance Commission is a constitutional body. Article 280 of the Constitution of India provides for Finance Commission. The president constitutes it after every five years.
Historically there was a provision that within two years after the commencement of the constitution, the Finance Commission must get established and after that every five years.Read More →
Offence Related to False Evidence – Sections 191 to 198 of IPC
2021-07-05
Firstly, let us understand what evidence is. Any material facts or signs that the court requires to prove something true or verify the truth of any alleged matter can be termed as evidence.
The following article talks about provisions related to false evidence as per Chapter XI of the Indian Penal Code. False evidence as an offence is contained under sections 191 to 198 of IPC. Let us understand these sections in detail.Read More →
Sale Explained – Section 54 Transfer of Property Act
2021-07-05
For understanding the term sale, you must know its essentials. They are:
1. Sale is a transfer of ownership from one person to other. One person transfers his title to another.
2. It is transferred in consideration for a price. Here, price means money and not any other valuable thing. Please note that, if in consideration, instead of money, a thing is given, then it is not sale but exchange.
3. The price may be paid or promised to be paid on a certain date or part-paid and part-promised.Read More →
High Court – Composition, Judges, Jurisdiction, and Powers
2021-07-04
A state’s High Court is the highest appellate authority in that state. It enjoys many powers like:
1. Original jurisdiction
2. Writ jurisdiction
3. Appellate jurisdiction
4. Supervisory jurisdiction
5. A court of record
6. Power of judicial reviewRead More →
Haryana Judiciary – Syllabus, Tips, Vacancies, and Exam Date
2021-07-03
Haryana Judiciary Preliminary exam shall be of 500 marks. 1 question carries 4 marks. A negative marking of 0.80 marks for every wrong answer.Read More →
Difference Between Culpable Homicide and Murder, Section 299 and 300 IPC
2021-07-02
Section 299 of the Indian Penal code talks about culpable homicide and section 300 of IPC deals with murder.
There is a faint line difference between both of them. This frequently causes problem to advocates, legal practitioners that where to lie the case, if not minutely understood this difference.
Culpable homicide is a genus and murder its species. “All murders are culpable homicide, but all culpable homicides are not murder.”Read More →
Rights of an Advocate or a Lawyer
2021-07-01
The rights available to advocate can be comprehended from several legislations. They are: 1. Right to pre-audience. 2. Right to…Read More →
Succession Under Muslim Law
2021-06-30
Succession under Muslim Law is the transfer of the property on the person’s death to the rightful heir. This law note tells you about it.Read More →
Male and Female Succession Under Hindu Succession Act, 1956
2021-06-29
Hindu Succession Act, 1956 relates to the succession and inheritance of the property. It discusses the rights of male and female while acquiring property.Read More →
FIR and Charge Sheet – Section 154 and Section 173 CrPC
2021-06-27
According to Section 154 of the Criminal Procedure Code, FIR stands for First Information Report given orally or in writing to a police officer.Read More →
Mercy Petition – Article 72 and 161 of the Constitution of India
2021-06-26
To seek a mercy petition, the death sentence by the Session Court must be confirmed by the High Court. The convict who has been given a death sentence can appeal to the Supreme Court. Suppose the Supreme Court refuses to hear the appeal or upholds the death sentence.
In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution.Read More →
Information in Cognizable Cases – Section 154 CrPC
2021-06-25
No statutory regulations have been provided in the Criminal Procedure Code to determine the nature of an offence as a cognizable or non-cognizable one. However, the code under Schedule I categorises certain offences as cognizable and non-cognizable ones.
Cognizable crimes are heinous in nature which embraces offences like rape, murder, theft, waging war etc. In cognizable cases, the information is given to the nearest police station, which registers the FIR and starts the investigation.Read More →
Administrative Tribunals – Jurisdiction, Advantages, Disadvantages, and Case Laws
2021-06-23
With respect to administrative law, tribunals are referred to those bodies which have quasi-judicial power (not similar to court procedures). They are not like the sub-ordinate courts or superior courts. Quasi-judicial authorities are established under an act of Parliament or of the state legislature to discharge adjudicatory functions.
Our courts are overcrowded with numerous cases. Therefore, for speedy and effective justice, part of the judicial power is delegated to the tribunals.Read More →
102nd Constitutional Amendment Act Explained
2021-06-22
The 102nd Constitutional Amendment Act introduced the following articles into the Indian Constitution.
> Article 338B: Deals with Structure, Duties and Powers of NCBC (National Commission for Backward Classes).
> Article 342A clause 1: Empowers the President to notify the list of SEBC (Socially Economic and Backward Classes for each State and Union Territory in consultation with the Governor.
> Article 342A clause 2: Empowers the Parliament to amend the Central List.Read More →
Important Indian Law Amendments of 2021, 2020, 2019, and 2018
2021-06-21
This law article lists 18 important cases and law amendments that happened in India in the years 2021, 2020, 2019, and 2018.Read More →
Advisory Jurisdiction of the Supreme Court
2021-06-20
The Indian Constitution confers three types of jurisdiction to the Supreme Court of India – the country’s apex court. These are:
1. Original Jurisdiction (Article 32),
2. Appellate Jurisdiction (Article 136), and
3. Advisory Jurisdiction (Article 143).
Advisory jurisdiction is mentioned under Article 143, Part V of the Indian Constitution.Read More →
Right of Muslim Women to Take Divorce Under Faskh
2021-06-17
Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminate the marriage.
Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage.Read More →
Comparison Between Britain’s House of Lords and USA Senate
2021-06-16
The House of Lords of Britain and the Senate of the USA are the upper Houses of their respective Parliaments. Though there are similarities between both of them, distinctions can’t be left unnoticed. Here is an article that discusses the comparison between the upper houses of the Parliaments of Britain and the USA i.e. House of Lords and Senate.
Members of the Senate (senators) are chosen directly by the people. In comparison, there are a few distinct ways to be a member of the House of Lords.Read More →
Who May Obtain Specific Performance – Section 15 of Specific Relief Act
2021-06-15
According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:
1. any party;
2. the principle or the representative in interest, of any party;
3. any beneficiary is entitled to specific performance if the contract involves a marital settlement or a compromise of disputed rights between members of the same family…Read More →
Consent as a General Exception – Section 87 to 89, IPC
2021-06-13
Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.
Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.Read More →
Non Legal Ways to Fix and Save a Broken Marriage
2021-06-10
A few alternatives to legal remedies that can save a marriage from falling apart are-
1. Mediation
Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.Read More →
Summary Trial Explained – Criminal Procedure Code
2021-06-09
Offences listed under section 260(1)(i) to 260(1)(ix) can be tried summarily;
(i) offences not punishable with death, life imprisonment, or sentence of more than two years
(ii) theft (value of stolen goods not more than two thousand rupees)
(iii) receiving and retaining stolen property (the value of stolen goods not more than two thousand rupees)…Read More →
Intoxication as a General Exception – Section 85 and 86 IPC
2021-06-08
A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.
Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.Read More →
Judicial Review Explained – Constitution of India
2021-06-07
The doctrine of judicial review originated in the USA. It was first propounded in the case of Marbury vs Madison in 1803.
The Indian Constitution confers the power of judicial review on the Supreme Court as well as High Courts. Judicial review has been declared as one of the basic structure of the Constitution by the Supreme Court.Read More →
What is Strict Liability and Absolute Liability
2021-06-03
The rule of strict liability was propounded in 1868 in Ryland vs Fletcher. The three essential points regarding strict liability are as follows.Read More →
National Human Rights Commission – Composition and Function
2021-06-02
Being human, there are certain rights like the right to life, right to dignity, right to livelihood, and many others. Human rights are moral rights. They are universal rights. It is observed that the rights don’t serve the purpose unless they are protected. For the protection of human rights, there have been conventions, summits, and formation of commissions.
This is the reason for the creation of the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC).Read More →
Insanity as a General Exception – Section 84 IPC
2021-06-02
Unsoundness of a person’s mind as a defence is given under Chapter IV, section 84 of the Indian Penal Code (IPC). It is based on M’Naghten Rule.Read More →
Everything you need to know about Mandal Commission
2021-06-01
Being dissatisfied with the result of the Kalelkar Commission, the President appointed Mandal Commission on 1st January 1979.Read More →
What Is Indigent Person and Suits By Indigent Person
2021-05-31
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.Read More →
Trial of Summons Cases Explained – CrPC
2021-05-31
The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.
Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.Read More →
What is Delegated Legislation
2021-05-27
Legislation is either supreme or sub-ordinate. The law legislated by the administration with the powers given by the legislature is delegated legislation.Read More →
Accident as a General Exception – Section 80 IPC
2021-05-26
An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.
Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.Read More →
Necessity as General Exception – Section 81 IPC
2021-05-25
A necessity in a general sense can be said to be the state or fact of being required. When a person commits a crime or any harm to any person or property to prevent or avoid more significant harm than what has been caused by him, the defence of necessity is applied.
This section incorporates a principle whereby a person is excused from doing lesser harm to prevent or avoid greater harm. You can understand necessity as an exception to IPC from section 81 (Chapter IV, General Exceptions).Read More →
Infancy as a General Exception – Section 82 and 83 IPC
2021-05-24
A child is considered innocent, and any wrongful act done by a child cannot be said to be a crime or an offence as it lacks mens rea (guilty mind).
This section follows the principle of doli incapax, which provides that a child is considered incapable of forming the intent to commit a crime or tort. This can be understood briefly from section 82 and section 83 of IPC. Let me explain what this is and make it easy for you.Read More →
Kinds of Guardianship in Muslim Law and Minor’s Property
2021-05-22
Muslim Law recognises three kinds of guardianship:-
1. Guardianship in marriage (Jabar)
2. Guardianship of body of the minor (Hizanat)
3. Guardianship of property (Walayat-i-mal).Read More →
What is Dower or Mahr in Muslim Law
2021-05-18
Dower or Mahr is a sum of money that a husband pays to his wife on marriage. According to Mulla, “It is an obligation imposed upon the husband as a mark of respect to the wife.”
The concept of Dower worked as a sense of security to the wife. If in case husband abandons the wife or compels her to move out, the amount of Dower becomes the source of her livelihood.Read More →
5 Ways of Acquiring Citizenship of India
2021-05-18
The citizenship of India can be acquired in 5 ways. They are: 1. By Birth. 2. By Acquisition or Incorporation of Territory. 3. By Descent. 4. By Registration. 5. By Naturalization.Read More →
Election Commission – Formation, Powers and Case Laws
2021-05-17
Article 324(2) of the Constitution states that there shall be one Chief Election Commissioner and as many numbers of Election Commissioners.Read More →
Understanding Section 34 and Section 149 of IPC
2021-05-17
Section 34 and 149 of Indian Penal Code are substantive in nature as they do not provide any punishment. Which one is graver? Section 302/34 or 302/149?Read More →
Judicial Acts as a General Exception – Section 77 and 78 IPC
2021-05-11
The judicial act is an act that is derived from the ordinary exercise of judicial powers within the reasonable and appropriate jurisdiction.
Anything done while acting judicially is not an offence under the Indian Penal Code. Judicial acts as a general exception can be better understood from section 77 and section 78 of IPC.Read More →
What is Common Intention – Section 34 IPC
2021-05-10
Section 34 of the Indian Penal Code lays down the principle of joint criminal liability.
Common intention is a pre-arranged plan or prior meeting of minds before the commitment of the act. ‘Common’ means something which everyone has in the same proportion. Their object, motive, or target is common.Read More →
Mistake as a General Exception under IPC
2021-05-07
Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.
On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.Read More →
What Is Natural Justice, Its Principles, Prerequisites, and Exception
2021-05-06
Natural justice is also known as universal justice, substantial justice, or fair play in action. It is an essential concept of divine law, which is based on the law of equity.
Its importance can be assumed to be reflected in every statute or enactment by promoting equity among parties, which means equal treatment and opportunity.Read More →
5 Differences Between Relevancy and Admissibility
2021-05-05
The rules related to relevancy are given under section 5 to 55 of the Indian Evidence Act, 1872.
The rules related to admissibility are covered in the latter part of the Evidence Act, that is after section 56.
Relevancy admires what seems to be logical and probable.
Whereas admissibility strictly follows the rules of law. Anything can’t be admitted merely because it appears to be logical.Read More →
Difference and Similarity Between Res Sub Judice and Res Judicata in CPC
2021-05-04
(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.
In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.Read More →
Essentials of Common Object – Indian Penal Code, 1860
2021-05-03
The Indian Penal Code contains certain provisions in which the liability of a person who commits a crime with some other persons is determined.
When a person commits a crime with some other person(s), joint liability is generated because either the intention or the object is common to all the persons who have committed a crime together.Read More →
Opinion of Third Person When Relevant – Evidence Act Notes
2021-05-02
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 ImpressionsRead More →
