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Burden of Proof To Establish Alibi Is Heavy: SC

In the case of Pappu Tiwary vs State of Jharkhand, the Hon’ble SC has reiterated that the burden to prove the plea of alibi is on the accused and it is a heavy burden. Plea of alibi is provided in section 11 of the Indian Evidence Act where it is provided that facts which are otherwise irrelevant, become relevant when they are inconsistent with any fac..

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Summons Under 204 CrPC Cannot Be Issued When Accused Resides Outside Jurisdiction If Inquiry Under 202 Is Not Held: Calcutta HC

In the case of Divyajot Singh Jendu vs. Manikaran Analytics Limited has held that a summons to an accused person under section 204 CrPC cannot be issued unless an inquiry under section 202 CrPC is held. In the instant case, the present revision petition was filed by the petitioner under section 482 CrPC praying for the..

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Top News Headlines 2nd Feb 2022: Burden of Proof To Establish Alibi Is Heavy

Burden of Proof To Establish Alibi Is Heavy: SC In the case of Pappu Tiwary vs State of Jharkhand, the Hon’ble SC has reiterated that the burden to prove the plea of alibi is on the accused and it is a heavy burden. Plea of alibi is provided in section 11 of the Indian Evidence Act where it is provided that fact..

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Charge: It’s Contents And Joinder

KEY TAKE AWAYS ‘Charge’ refers to any head of charge when the charge contains more than one head. The court or the appeals court may either alter or increase the charge provided the sole condition is either that the accused has not faced charges for a replacement off..

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Is Equal Pay For Equal Work A Fundamental Right In India

KEY TAKEAWAYS Equal pay for equal work is not explicitly stated in the Indian Constitution as a fundamental or even constitutional right. In a recent case, the Supreme Court stated that "equal pay for equal work" is not a fundamental right vested with any employee. It ..

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Overcoming Patriarchal Barriers of Women Entrepreneurship

Gone are the days when entrepreneurship was associated with only the male members of society. Today, a large proportion of women across the globe are spearheading startups and leading other business ventures regardless of the existing socio-economic restrictions. According to a href="https://www.statista.com/statistics/1118549/india-share-of-women-owned-msmes/#:~:text=Women%2..

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Arrest And Detention Under CPC

KEY TAKE AWAYS The CPC regulates the processes and procedures that should be followed in courts during civil cases. In a case the person in whose favour the judgement is held is known as the ‘Decree-holder’ while the opposite person is the ‘Judgement Debtor&rsq..

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Evidentiary Value For Judicial And Extra Judicial Confession

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 confession li style="text-al..

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Concept Of Vicarious Liability Under Torts

KEY TAKEAWAYS Vicarious liability refers to a person's "liability for the tort committed by another" and occurs in cases of master-servant, principal-agent, among partners, employer-independent contractor. The doctrine of vicarious liability is based on the principle of Qui..

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Primary And Secondary Evidence

KEY TAKE AWAYS “Evidence”- “Evidence” means and includes all the statements which the court allows or must be made before it by witnesses, in regards to matters of fact under inquiry, such statements are called verbal evidence Documents including electron..

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Equal Pay For Equal Work Not A Fundamental Right, But A Constitutional Goal: SC

In the case of State of MP vs. RD Sharma the Hon’ble SC has held that ‘Equal Pay for Equal Work’ is not a fundamental right vested in any employee, but is certainly a constitutional goal which is to be achieved by the Government. In the instant case, a writ petition was filed before the Delhi HC by th..

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Lis Pendens Under 52 TPA Does Not Bar Temporary Injunction Against Alienation Of Property: Andhra Pradesh HC

In the case titled K Ravi Prasad Reddy vs. G Giridhar the Hon’ble Andhra Pradesh HC has held that section 52 of the Transfer of Property Act which incorporates the doctrine of lis pendens does not operate as a bar to the grant of temporary injunction prohibiting the alienation of the suit property. In the instant..

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Easy Character Of Wife Not Indicative Of Her Abetting Her Husband’s Murder; Mens Rea Necessary: Punjab And Haryana HC

In the case of Maam Gujjar @ Maam Hussain vs. State of Punjab the Hon’ble Punjab and Haryana HC has held that a mere allegation that the wife is of easy virtues does not indicative that she abetted the suicide of her husband, in the absence of a dying declaration or a suicide note allegeing the same. In the insta..

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Top News Headlines 31st Jan 2022: Easy Character Of Wife Not Indicative Of Her Abetting Her Husbands Murder

Easy Character Of Wife Not Indicative Of Her Abetting Her Husband’s Murder; Mens Rea Necessary: Punjab And Haryana HC In the case of Maam Gujjar @ Maam Hussain vs. State of Punjab the Hon’ble Punjab and Haryana HC has held that a mere allegation that the wife is of easy virtues does not indicative that she..

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Live In Relationship In India

KEY TAKEAWAYS A live-in relationship is a domestic cohabitation between a man and a woman, or, in some situations, two people of the same sex, and have no legal obligations or responsibilities to one another. There is no law binding the couples in a live-in relationship and each..

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