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…

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…

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…

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…

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…

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…

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…

Finance Commission

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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…

Offence Related to False Evidence

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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…

Sale in Transfer of Property Act

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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…

Difference Between Culpable Homicide and Murder

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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…