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Articles by Mansha Kathuria

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Evidentiary Value For Judicial And Extra Judicial Confession

  Mansha Kathuria    31 January 2022 at 10:52

KEY TAKEAWAYS Section 24 of the Criminal Code deals with confessions gained via coercion, fear or promise that are unconnected to the criminal proceeding. Confession is divided into two distinct profiles: judicial confession and extrajudicial confess ..

Posted in Others |   669 Views

No Appeal Lies Unless It Is Provided

  Mansha Kathuria    29 January 2022 at 11:49

KEY TAKEAWAYS Sections 96 to 99A; 107 to 108; and Order 41 of the Code of Civil Procedure deals with first appeals from initial rulings. Appeals from convictions, are all outlined under Sections 372,373 and 374 of the CRPC CCP’s Section 100 all ..

Posted in Others |   252 Views

Ex Parte Decree

  Mansha Kathuria    28 January 2022 at 11:18

KEY TAKEAWAYS Order IX of the Code of Civil Procedure contains the rules controlling the appearance of parties and the consequences of their failure to appear. Ex-parte decree has the same legal validity, enforceability and operation as any other bi- ..

Posted in Others |   594 Views

Malicious Prosecution Under Indian Law

  Mansha Kathuria    27 January 2022 at 15:49

KEY TAKEAWAYS The Indian Penal Code and the Law of Torts both define malicious prosecution. The plaintiff can seek damages on the following three counts in a prosecution suit-Damage to the plaintiff’s reputation, Damage to the plaintiff’s ..

Posted in Others  2 comments |   827 Views

Credibility Of A Related Witness, Interested Witness And A Hostile Witness

  Mansha Kathuria    24 January 2022 at 11:48

KEY TAKEAWAYS Under section 118-134 of The Indian Evidence Act,1872 defines who can testify as a witness, how they can testify, what remarks would be deemed testimony and so on. A credible witness is capable of giving testimony and worthy of belief. ..

Posted in Others  2 comments |   774 Views

Medical Records Cannot Be Summoned To Prove Adultery Of The Wife; Would Destroy Doctor Patient Confidentiality

  Mansha Kathuria    22 January 2022 at 12:32

KEY TAKEAWAYS Adultery is now seen as a civil wrong that has been decriminalized, although it was formerly regarded as a criminal offence. Adultery was earlier penalized under Section 497 of the Indian Penal Code, making it a criminal offence. Joseph ..

Posted in Others  2 comments |   466 Views

Power of Judicial Review: A Basic Feature of Indian Constitution

  Mansha Kathuria    19 January 2022 at 15:03

KEY TAKEAWAYS Emperor v. Burah was the first case which examined judicial review in India. Landmark case of Kesavananda Bharati v. State of Kerela supports the statement that judicial review is a basic feature of the Indian Constitution. Judicial rev ..

Posted in Others  1 comments |   593 Views

Plea In Bombay HC Challenges Absolute Immunity To Judges Under Judges Protection Act: Even When Justice Is Wilfully Denied

  Mansha Kathuria    18 January 2022 at 15:25

KEY TAKEAWAYS The case in reference is Sabina Yusuf Lakdawala v. State of Maharashtra & Ors (High Court of Judicature at Bombay) The matter is still pending in court hence, the ruling in this instance is not yet final. Should judges be granted fu ..

Posted in Others |   314 Views

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