Day: July 12, 2020

Olga Tellis v. Bombay Municipal Corporation

July 12, 2020

CASE COMMENT Author: Prasun Sarkar, School of Law, KIIT University. BENCH: C.J., Y.V. Chandrachud, J., A.V. Varadarajan, J., O. Chinnappa Reddy, J., S. Murtaza Fazal Ali and J., V.D. Tulzapurkar. PETITIONER/APPELLANT Ms Olga Tellis RESPONDENT Bombay Municipal Corporation Date of Judgment: 10th July 1985 Facts: On 13th July 1981 the then Chief Minister of Maharashtra, […]

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Power to Award Compensation under the Specific Relief Act

July 12, 2020

Power to Award Compensation under Specific Relief Act Author: Prasun Sarkar Introduction In England, where the concept of equitable form of relief was applicable, a party to a contract had two remedies available to him in the event the other party defaulted or omitted to hold up his part of the promise. He may either […]

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RTI as a Tool to expose Corruption

July 12, 2020

Author: Prasoon Shekhar, ICFAI University RTI as a Tool to expose Corruption “Fighting corruption is not just good governance. It’s self-defense. It’s patriotism.”…………………..Joe Biden Introduction Corruption can be defined as the use of public money for personal gains. It is one of the biggest enemies for good governance and is also a great obstruction in […]

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Restraint on Alienation under TPA, 1882

July 12, 2020

Author: Prasoon Sekhar, ICFAI University Restraint on Alienation under Transfer of Property Act, 1882 Introduction The right to ownership of property includes some applied rights like the right to have title over the property, right to the enjoyment of the property, and the right to the alienation of it keeping in mind the provisions of […]

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Examination and Cross-Examination of Witnesses

July 12, 2020

Author: Prasoon Shekhar, ICFAI University, Dehradun Examination of Witnesses Introduction Chapter X of the Indian Evidence Act, 1872 deals with the examination of witnesses. It deals with the production and examination of witnesses. Examination of witnesses is one of the most important parts of any trial whether it be civil or criminal. It is an […]

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Kanhaiya Kumar v. State of NCT of Delhi

July 12, 2020

Author: Prasoon Shekhar, ICFAI University, Dehradun CASE: Kanhaiya Kumar v. State of NCT of Delhi CITATION: MANU/DE/0498/2016 COURT: The High Court of Delhi CASE NO.: Writ Petition (Criminal) No. 558/ 2016 & Criminal Miscellaneous Application No. 3237/ 2016 & 3262/ 2016. PETITIONER: Kanhaiya Kumar RESPONDENT: State of NCT of Delhi BENCH: (J) Pratibha Rani DECIDED […]

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Offenses against Public Tranquility

July 12, 2020

Offenses against Public Tranquility Author: Prasun Sarkar Introduction The Indian Penal Code, 1860 is a substantive law that lists down offenses causing injury to both, individuals or public at large. Offenses against public tranquility are those which not only harm the property or peace or both of an individual but it harms the property or […]

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Probation of offenders Act, 1958

July 12, 2020

Author: Prasun Sarkar Probation of Offenders Act, 1958 Introduction Probation means discharging a person subject to a commitment by the suspension of sentence, during the regularity of conduct, and imposing conditions and on default thereof arresting and committing him until imprisonment is served or the judgment is satisfied, it is a substitute for imprisonment, a […]

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Performance of Contracts

July 12, 2020

Performance of Contracts Author: Prasun Sarkar Discharge of contract refers to termination or putting an end to contractual obligations and duties. When the parties to a contract perform their respective duties, it puts an end to the contract i.e. the contract is said to be discharged. However, performing one’s obligations towards the contract is not […]

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Judgments and opinions of the third party when relevant

July 12, 2020

Judgments of court when relevant and opinions of third parties when relevant (Section 40-51 of The Indian Evidence Act, 1872) Author: Ritika Sharma Introduction Sections 40 to 44 of the Indian Evidence Act, 1872 lay down the provisions relating to the relevancy of judgments of the court which includes relevancy in probate, matrimonial, admiralty, fraud, […]

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Appeal (Section 384-394)

July 12, 2020

Author: Ritika Sharma APPEAL (SECTIONS 384-394) Introduction The importance of “Fair Trial” is the very facet of a justified judicial system. There are a lot of provisions that ensure a Fair Trial, still, there is always the scope of mistakes and errors. The appeal is the concept that gives a chance to review the orders […]

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Appeal (Section 372-383)

July 12, 2020

APPEAL (Section- 372-383) Author: Yukti Gupta 1.    Introduction[1] Criminal law with an objective to protect society against criminals and lawbreakers consists of both substantive and procedural law. Substantive criminal law, that is, Indian Penal Code 1908 defines offences and prescribes punishment for the same while procedural criminal law, that is, The code of Criminal […]

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