Finance Commission

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.KEEP READING

Offence Related to False Evidence

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.KEEP READING

Sale in Transfer of Property Act

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.KEEP READING

Difference Between Culpable Homicide and Murder

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.”KEEP READING

FIR and Charge Sheet under Criminal Procedure Code

When any informant informs the police about any crime that has occurred, the police, after analysing the case is a cognizable one, registers the FIR and proceeds for investigation, arrests etc. After the investigation is over, the police submit a report to the court called a charge sheet, which forms the basis for the criminal trial.

Now that you understand the definition, let us learn more about FIR and charge sheet under the Criminal Procedure Code, 1973.KEEP READING

Mercy Petition - Article 72 and 161 of Indian Constitution

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.KEEP READING

Section 154 CrPC Information in Cognizable Cases

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.KEEP READING

Jurisdiction Advantages and Disadvantages of Administrative Tribunals

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.KEEP READING

102nd Constitutional Amendment Act Explained

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.KEEP READING

Advisory Jurisdiction of Supreme Court under Indian Constitution

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.KEEP READING

Right of Muslim women to take divorce under Faskh

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.KEEP READING

Britain House of Lords vs Senate of USA

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.KEEP READING