Section 76 deals with cases where the person under a mistake considers himself to be compelled or bound by law to act in a particular way. Although his act is a crime on the actual condition of the facts.
On the contrary, section 79 deals with cases where a person under the mistake considers himself to be simply justified or excused by the law to act in a particular way.Read…
Natural justice is also known as universal justice, substantial justice, or fair play in action. It is an essential concept of divine law, which is based on the law of equity.
Its importance can be assumed to be reflected in every statute or enactment by promoting equity among parties, which means equal treatment and opportunity.Read…
The rules related to relevancy are given under section 5 to 55 of the Indian Evidence Act, 1872.
The rules related to admissibility are covered in the latter part of the Evidence Act, that is after section 56.
Relevancy admires what seems to be logical and probable.
Whereas admissibility strictly follows the rules of law. Anything can’t be admitted merely because it appears to be logical.Read…
(1) In the case of Res Sub Judice, there must be two suits, one of which should be previously instituted.
In Res Judicata the motive is that ‘there must be an end to litigation.ʼ Thus, there is a bar on trial that has already been adjudicated. In simpler terms, a matter that has previously been decided is not put to trial again. This saves the precious time of our already overburdened and resource-less courts.Read…
The Indian Penal Code contains certain provisions in which the liability of a person who commits a crime with some other persons is determined.
When a person commits a crime with some other person(s), joint liability is generated because either the intention or the object is common to all the persons who have committed a crime together.Read…
When court will take help of expert opinion? (section 45)
When the court has to form an opinion on the point of-
1. Foreign Law
2. Science
3. Art
4. Identity of Handwriting
5. Finger ImpressionsRead…
Generally speaking, jurisdiction is the official power to make legal decisions and judgements. The extent to which the Court of law can exercise its powers relating to suits, appeals, proceedings, etc., can be said to be the jurisdiction of the Indian Penal Code. It is the limit within which the courts can exercise their powers over the cases.
Jurisdiction of IPC can be understood from sections 1, 2, 3, 4 and 5.Read…
Section 127 of the Transfer of Property Act, 1882, defines onerous gifts.
This section regarding onerous gifts is based on the maxim-
‘Qui sentit commodum, sentire debet et onus’ which means ‘he who receives advantage must bear the burden also.’Read…
The Citizenship Amendment Act, 2019 is not an amendment in the Indian Constitution, but an amendment in law.
It amends the Citizenship Act of 1955.
Therefore, it is not a constitutional amendment.Read…
1. The person who delivers the goods (movable property) is called the bailor.
2. The person to whom the goods are delivered is called the bailee.
3. And the contract between the bailor and bailee is called the contract of bailment.
The contract of bailment is created only about movable property.Read…
Section 53 of Transfer of Property Act. Every owner of property has right to transfer his property as he likes.
But the transfer must be made with a bonafide intention. Where the transfer is made with fraudulent intention, it means with the intention of defeating the interest of creditor or interest of any subsequent transferee. Where the transfer is made with fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice; though it is valid in law.Read…
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.Read…
(Useful for PT/MAINS)
Section 30: Minors admitted to the benefit of Partnership.
Who can be a partner?
With combined effect of section 2(c) and section 3, reference is made from section 10 of Indian Contract Act.
So any person of sound mind, major and not disqualified by law can be a partner.Read…
Some of the matrimonial reliefs under the Hindu Marriage Act are:-
1. Restitution of Conjugal Rights: Section 9
2. Judicial separation: Section 10
3. For void marriages: Section 11
4. Voidable marriages for nullity of legally irregular marriages: Section 12
5. Divorce: Section 13Read…
What is the meaning of fact discovered in regard to Section 27 of Indian Evidence Act, 1872?
Section 27 lays that if the confession of the accused is supported by the discovery of the fact then it may be presumed to be true and not to be excluded.
Section 27 is based on doctrine of confirmation by subsequent events:-Read…
1. Section 74 of the Indian Evidence Act defines public documents –
Documents forming the act or records of sovereign authority namely Parliament, Legislative Assemblies, official bodies, tribunals, public officers or any part of India or of Commonwealth or foreign country.
Section 75 says that all other documents other than public and private documents.Read…
