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Lawyersclubindia Articles

Victim Has The Right To Be Heard At Every Stage From Investigation To Culmination Of Trial In Appeal/Revision: SC

  Sanjeev Sirohi    20 April 2022 at 12:39

In a very significant, straightforward and stimulating judgment titled Jagjeet Singh & Ors vs Ashish Mishra @ Monu & Anr in Criminal Appeal No. 632 of 2022 [Arising out of Special Leave Petition (Crl.) No. 2640 of 2022] and cited in 2022 Live ..

Posted in Others |   323 Views

A 'Different' Series #17: Fraud Vs Misrepresentation

  Sharmishta    20 April 2022 at 11:32

Difference between Fraud and Misrepresentation BASIS FRAUD MISINTERPRETATION Statute Section 17 of the Indian Contract Act, 1872 defines the term 'fraud.' Section 18 of the Indian Contract Act, 1872 define ..

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A 'Different' Series #16: Acquittal Vs Discharge

  Sharmishta    20 April 2022 at 11:31

Difference between Acquittal and Discharge BASIS AQUITTAL DISCHARGE Definition Acquittal is when the accused is proven innocent by the court after evaluating all the facts and evidence presented in this case and is ..

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Adoption Rights Of A Widow: Then Vs Now

  Vrinda    19 April 2022 at 12:51

KEY TAKEAWAYS The doctrine of relation back was prevalent in uncodified old Hindu law, according to which a son adopted by a widow relates back to the widow's deceased husband, and the son is entitled to the estate of his deceased adoptive father ..

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A 'Different' Series #15: Mortgage Vs Charge

  Sharmishta    19 April 2022 at 10:13

Difference between Mortgage and Charge BASIS MORTGAGE CHARGE Statute Mortgage is defined under Section 58 of the Transfer of Property Act of 1882. Charge is defined in Section 100 of the Transfer of Property Act, ..

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Evidentiary Value Of Judicial And Extra-Judicial Confessions

  Vrinda    16 April 2022 at 10:50

KEY TAKEAWAYS Confession is a statement made by an accused person that is sought to be proven against him in a criminal proceeding in order to establish that he committed an offence. Section 80 of the Indian Evidence Act gives judicial confessions ev ..

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Divorce By Mutual Consent Under Muslim Law

  Vrinda    15 April 2022 at 15:15

KEY TAKEAWAYS Divorce in Islamic law can take place either through the spouses' own actions or through a court order. There are three types of divorce in Islamic law (sharia), each with its own set of rules. The procedure is known as talaq when a ..

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A 'Different' Series #14: Motive Vs Intention

  Sharmishta    15 April 2022 at 15:15

Difference between Motive and Intention BASIS MOTIVE INTENTION Definition Motive is defined as a state of thought that causes or accelerates Intention. Motive is not fundamental to the offense in and of itself, but ..

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Principles Governing The Order Of Investigation Under Section 156(3) Of CrPC

  Supinder Singh    14 April 2022 at 11:10

Key Takeaways Section 156 (3) of CrPC provides that any magistrate, who can take cognizance of an offence under Section 190 of CrPC, can order the investigation of such cognizable offence by a police officer. After a complaint has been filed before t ..

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A Different Series #13: Set-Off Vs Counter Claim

  Sharmishta    14 April 2022 at 10:08

Difference between set-off and counter-claim BASIS SET-OFF COUNTER- CLAIM Statute "Set off" is defined in CPC rule 6 order VIII. The term "counterclaim" is defined in 6A-6G of order VIII. ..

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