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 →
