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Trial before a Court of Session: An Outline

Introduction A Court of Session is the court, which deals with serious criminal cases and passes any sentence including death, at the district (sessions division) level. It cannot take cognizance of any offence directly, except when it functions as a special court, in accordance with some special laws. p s..

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Res Ipsa Loquitor

The legal term for ‘the thing speaks for itself’ is called Res Ipsa Loquitor. It is circumstantial evidence which suggests negligence from the nature and type of accident that has taken place and in absence of direct incriminating evidence against the defendant. It is a very popular doctrine in the law of torts.   p style="text-align: j..

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Burden of proof under Indian Evidence Act

Q.1 WHAT IS BURDEN OF PROOF? The word 'burden of proof' has not been defined in the Evidence Act. IN Simple term burden of proof means Responsibility to prove the fact in a case Or obligation to prove a fact Chapter VII, S.101 to S.114 of Indian Evidence Act deals with the provision..

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Model answer for maintenance u/s 125 CRPC for judicial examination preparation

Synopsis" This paper will talk about the maintenance of wives, children and parents under Section 125 Of CrPC. The people will try to explain who all are entitled to Maintenance and when are they entitled to Maintenance with the help of case laws. QUESTION(1): p style="text-align:justi..

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Adultery and related issues in criminal law

Adultery means different things in law and English language. In law, it is socially and legally objectionable sexual intercourse, voluntarily made by a man with the wife of another person, with the knowledge that she is a wife and without her husband’s consent or connivance. Therefore, adultery per se is not an offence. But when it is committed withou..

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Laws on Hindu Inheritance & Succession in Kerala

Introduction Inheritance means the right to succeed to the estate on intestacy - dying without a legally valid will.  Succession means the process by which the heirs acquire the property of the deceased. Inheritance refers to the right to succeed but succession refers to the process of succession. Both con..

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Indian Evidence Act in a Nutshell

Evidence: What it means The term evidence is a bit ambiguous one. It refers to what is adduced by a party in a court in order to establish a fact or its truth. Evidence essentially refers to those things that make the truth of a disputed matter quite evident to a court./p..

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Gift: The Legal Provisions governing it

Gift is the  gratuitous transfer of certain existing moveable or immoveable property, made voluntarily and without consideration by one person to another person and accepted by or on behalf of the latter. The transfer must be based on free will and not without duress, force or undue influence. The transfer here means any disposition, conveyance, assignment, settl..

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Principles of criminal liability

PRINCIPLES OF CRIMINAL LIABILITY:- 'actus non facit reum, nisi mens sit rea' Actus non facit reum nisi mens sit rea' is the famous English maxim of criminal law. This maxim means- "The act itself does not constitute guilt unless done with a guilty intent. p st..

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The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015

SPECIAL COURT AND EXCLUSIVE SPECIAL COURT The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 has been notified to be enforced with effect from January 26, 2016. The amendments to the act also authorize the establishment of excl..

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FIR under CrPC

FIRST INFORMATION REPORT An information given under sub-sec(1) of sec 154 of CrPC is commonly known as FIR. It is the earliest and the first information of a cognizable offence recorded by an officer-in-charge of a police station. li style="text-align: ..

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The basic rules for grant or denial of bail under CrPC

The basic rules for grant or denial of bail UNDER CR.P.C. CrPC does not define the term Bail. Bail is a security given by the accused that he will appear answer before the proper court the accusation brought against him and include personal bond and bail bond. Bail is on..

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Definition of dowry under dowry prohibition act

The Dowry Prohibition Act 1961 does not bar traditional giving of presents at or about the time of wedding. Are presents or dowry given by the parents is not at all within the definition of the statute? DEFINITION OF DOWRY Th..

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BCI Rules, 2014 and 2015 (Duration of Practice)

I want to discuss about the recent regulations passed by the Bar Council of India regarding practice in the High courts and The Supreme court of India.    Bar Council of India Certificate of Practice and Renewal Rules, 2014 (hereinafter referred as “Rules,2014) im..

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In Chaos Judicial Independence?

India's Honurable Chief Justice T.S Thakur blamed government for bringing the Judiciary to a stand still by stalling the appointment of judges of High court. Just becoz file related to appointments of judges is dwadle for past eight months in central.where out of 24 H.c there are 478 vacancies open to be filled but due to which about of four million cases are..

Posted in articles |   6 comments |   465 Views




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