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..
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..
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..
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..
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 ..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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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