Especially in a criminal case a witness turning hostile has become common due to extrenous considerations and how to turn around and punish the guilty who escapes the arm of law is the question and it has become a moot point and has been debated now and than even before after the post Godhra riots in Gujarat in which numerous accused persons have escaped from conviction and hence the SC has to int..
whether it is not an injustice that section 125 of Cr.P.C provides only a safe guard to the women only. There are many cases which we see in our daily life, where all the fault is being done by the female but our judiciary ignores all that and give the maintenance/relief to the female. All the judgements of our Hon'ble Supreme Court and even the clauses of this section 125(4)says "if the women is ..
The Protection of Women from Domestic Violence Act 2005 hailed as the first significant attempt to recognise domestic abuse as a punishable offence, to extend its provisions to those in live-in relationships, and to provide for emergency relief for the victims, in addition to legal recourse. In perhaps the first case under the Act, the Tamil Nadu police last week arrested a man following complaint..
F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation. WHO CAN FILE AN F.I.R. Any person can file an F.I.R. He need not be the aggrieved person. It may be mere..
THE TRIAL OF RAMA KOMATHI-1720 Malice in Blunderland Rama Komathi's case is the earliest of "Notable Trials" in the annals of British law courts in Bombay, of which a fairly detailed account has come down to us. This case was tried in what might be called the dark ages of law and justice in Bombay, in an atmosphere of ignorance, and error, of lawlessness and corruption, when private ma..
Probation and Rehabilitation of Delinquents p class="MsoTitle" style="margin: 0in 0in 0pt; line..
Article By Shri Naresh Pareek A stopped payment is usually requested if the cheque has been declared missing or lost. But many a times the drawer, to escape his debt or liability has used it as an instrument of deception. The 1988 amendment in Section 138 of Negotiable Instruments Act is also silent about font color="..
Beyond Reasonable Doubt “Beyond reasonable doubt”, the well known principle of common law has acted like a savior for the guilty. Anybody who is capable o..
The Apex Court has time and again held that It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. This averment is an essential requirement ..
Beyond Reasonable Doubt “Beyond reasonable doubt”, the well known principle of common law has acted like a savior for the guilty. Anybody who is capable o..
1. TEST IDENTIFICATION PARADE Introduction: The term 'Identification' means proving or fixing before the court that a person, article or animal is the very same that he- or it is alleged, charged or reputed to be. The term used in police investigation is 'test identification' i.e. a process by which the identity of persons, things or animals concerned in the offence under investigation or tr..
A law may be defined as an assemblage of signs, declarative of a volition, conceived or adopted by the sovereign in a stage, concerning the conduct to be observed in a certain case by a certain person or class of persons who in the case in question are or are supposed to be subject to his powers. spa..
With the increasing competition among the different newspapers and news channels at times rights of children are infringed. Recently the National Commission for Protection of Child Rights has received complaints on the use of the name and photographs of an 8-year old boy in Begusarai, Bihar. The boy, who is alleged to have killed three children, was referred to in reports as a ‘serial killer’ a..
One of the greatest threats to our contemporary civilization is the menace of skewed sex ratio. The increasing imbalance between men and women is leading to many crimes such as illegal trafficking of women, sexual assaults, polygamy and dehumanization of society. These acts have been increasing making this world unsafe for..
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