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 →
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 →
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 →
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 →
Being dissatisfied with the result of the Kalelkar Commission, the President appointed Mandal Commission on 1st January 1979.Read More →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
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 →
Article 324(2) of the Constitution states that there shall be one Chief Election Commissioner and as many numbers of Election Commissioners.Read More →
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 →
