After Enactment Of Hindu Succession Act, 1956After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956 (hereinafter called the HSA). This ..
There are two sorts of conspiracy: the Quinn v. Leathem type which employs only lawful means but aims at an unlawful end, and the type which employs unlawful means. Thus the tort can take the form of unlawful conspiracy, where the combination uses u ..
Capital PunishmentUnlike animals, human beings in the course of time have upgraded their social standards in which they reside and where they can claim to be proud residents of a protective society, where they have a prerogative claim to basic civic ..
The true width of the Hedley Byrne principle was obscured until recently by the facts and background to the case. A case of pure economic loss, it also involved careless advice. As such, liability had to be reconciled with the decision in Derry v. P ..
The victim’s rights rests on a kind of social contract theory, perhaps captured in the preamble to Louisiana’s 1985 victim’s rights legislation:In recognition of the civic and moral duty of victims . . . of crime to cooperate fully ..
According to a French proverb, the penalties are subjective and willfully; while issuing a verdict, the judges don't have to obey the law and they have the authority to apply the law as they wish. In the past and even in the late 18th century, in al ..
QUASHING OF FIR BECAUSE DISPUTE IS OF CIVIL NATURE: In Trilok Singh & Ors. Vs. Satya Deo Tripathi, AIR 1979 SC 850, the Hon'ble Supreme Court examined the similar case wherein the truck had been taken in possession by the Financer in terms of hir ..
An order issuing process for summoning the accused to face the trial is not an interlocutory order and Revision against such order is not barred by sub-section (2) of Section 397 Cr.P.C. Although the Hon'ble Apex Court has held in Adalat Prasad vs. ..
It is a settled legal position that at the stage of passing order under Section 203 or 204 Cr.P.C., only a prima facie case has to be seen and not whether the evidence as adduced is to result in conviction of the accused persons. In the case of Nirma ..
Section 319 Cr.P.C., which reads thus:- "319. Power to proceed against other persons appearing to be guilty of offence.- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not bein ..
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