What is Zero FIR in India

Zero FIR can be filed in any police station irrespective of where the incident occurs. The informant or the victim can reach the nearest police station and file an FIR.

It is like an ordinary FIR filed under section 154 of the Criminal Procedure Code, 1973. But this complaint is registered with serial number 0 (zero).KEEP READING

Remedies under Tort Law

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.KEEP READING

What are the legal consequences of underage driving

Many district Consumer Forums, in their findings, have clarified that the restaurant owner cannot force its customers to pay Service Charges. The restaurants can only charge for Goods and Service Tax (GST) that is CGST and SGST on the food bill, whereas on alcohol bill Value Added Taxes (VAT) could also be levied.

Also, if you are ordering food and the restaurant charges you for packaging, you can file a consumer complaint against the restaurant.KEEP READING

Vicarious Liability under Tort Law

Vicarious liability is a liability where the master is liable for the tort of his servant, principal for his agent, partner for another partner and an employer for an employee.
The legal maxim “Qui Facit per alium Facit per se” also applies to the concept of vicarious liability, which means “He who acts for another, acts for himself”.
Four important kinds of vicarious liability are:
1. Principal-Agent Relationship.
2. Partners.
3. Master and Servant.
4. Employer and Independent Contractor.KEEP READING

Can a police officer arrest a soldier in India?

In India, a police officer can arrest a soldier immediately only under three circumstances – when the soldier is accused of rape, murder or culpable homicide not amounting to murder.

Section 41(1)(f) of the Criminal Procedure Code, 1973 also gives power to the police officer to arrest an army officer who is reasonably suspected of being a deserter from any of the armed forces of the Union without any prior permission.KEEP READING

What are the legal consequences of underage driving

Therefore, if your child is below 18 years of age and is caught driving a motor vehicle without any learner’s license, in that case, you will be penalised under section 199A of the Motor Vehicle Act, 1988. The guardian will be penalised with a maximum of three years of imprisonment and a fine of twenty-five thousand rupees.

The vehicle registration for the commission of offence will be cancelled for twelve months.KEEP READING

How to Write the Best Answer in Judiciary Mains Exam

1. Make Sure You Understand the Question
2. Stick to the Word Limit
3. Keep Your Answers Simple
4. Write Short Sentences
5. Break the Answer in Paragraphs
6. Make Ample Use of Legal Terms
7. Mention Important Case Laws
8. Follow Proper Judgement Writing Format
9. Avoid Using Many Abbreviations
10. Have a Synopsis in Mind
11. Set an Estimated Time Limit for a Question
12. Allot the Last 15 Minutes for RevisionKEEP READING

How to Study for State Judicial Exam

1. Select the States You Wish to Appear For
2. See Question Paper of Previous Years
3. Read Bare Acts Several Times
4. In Bare Acts Focus on ‘May’ and ‘Shall’
5. Know Where to Give Less Time
6. Understand Where to Focus More
7. Go Through Landmark Judgements
8. Do Not Burden Yourself With Fat Reference Books
9. Make Synopsis of All Topics
10. Use Charts, Diagrams, and Pictorial Representation
11. Speak Orally What You Studied
12. Do Not Panic and Get Disheartened
13. Revise EverydayKEEP READING

Lok Adalat Need, Functioning, Powers, Benefits

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.KEEP READING

Independence of High Court

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.KEEP READING

Types of Jurisdiction

There are ten main types of jurisdiction. They are:
1. Pecuniary Jurisdiction.
2. Territorial Jurisdiction.
3. Subject Matter Jurisdiction.
4. Exclusive Jurisdiction.
5. Concurrent Jurisdiction.
6. Appellate Jurisdiction.
7. Original Jurisdiction.
8. Special Jurisdiction.
9. Legal Jurisdiction.
10. Extending Jurisdiction.KEEP READING

5 Theories of Punishment

There are eight important kinds or theories of punishment. They are:-

1. Deterrent Theory of Punishment.
2. Retributive Theory of Punishment.
3. Preventive Theory of Punishment.
4. Reformative Theory of Punishment.
5. Expiatory or Compensatory Theory of Punishment.
6. Incapacitation Theory of Punishment.
7. Utilitarian Theory of Punishment.
8. Multiple Approach Theory.KEEP READING

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

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.KEEP READING

Difference Between a Lawyer, Advocate, Barrister and Attorney

It often happens that people consider the profession of lawyer, advocate, barrister and attorney, as common. But in general, there is a difference between these. Being a law student or an active person in the legal field, one must know the difference between them.

To make you all understand it in easy words, here is an article that addresses the difference between a lawyer, advocate, barrister and attorney.KEEP READING