Author: Amisha Jain Types of Contract INTRODUCTION A Contract may be defined as any agreement made among parties to the contract which legally binds them to do or abstain from doing something. As per Section 2(h) of Indian Contract Act, 1872 “ Any agreement enforceable by law is a Contract” Many jurists have defined contract
Author: Amit Singh Case- Khatri vs. State of Bihar (The Bhagalpur Blinding case) Citation: 1981 SCR (2) 408, 1981 SCC (1) 627 Court: The Supreme Court of India Bench: P.N. Bhagwati, Writ petition no. : 5670 and 6216 of 1980 Decided on: 31th March 1981 Introduction Rights are the fundamental normative rules about what is
Author: Mansi Rana Rudul Sah vs. State of Bihar(1983) 4 SCC 141 BENCH: HON’BLE JUSTICE Y. V. CHANDRACHUD (CJI) HON’BLE JUSTICE A. N. SEN HON’BLE JUSTICE R. B. MISRA APPELLANT: RUDUL SAH RESPONDENT: STATE OF BIHAR AND ANR. DATE OF JUDGEMENT: 01 AUGUST 1983 FACTS:- In 1953, Rudul Sah was arrested for murdering
Author: Akshat Garg FACTS WHICH NEED NOT BE PROVED Section 56 to 58 of the Indian Evidence Act, 1872 lays down provisions relating to facts which need not be proved. Here are the facts which should not be proved in any court of law. 1. FACTS JUDICIALLY NOTICEABLE NEED NOT BE PROVED (SECTION- 56): Section 56
ABETMENT Author: Akshat Garg INTRODUCTION Law keeps a check on human behavior. It categorizes them into criminal and non-criminal behaviours. However, every non-criminal behaviour even something as simple as buying a knife for your kitchen becomes criminal when there are criminal intentions behind it. The concept of abetment widens the horizons of criminal law to incorporate
TRIAL OF SUMMON CASES Author: Amisha Jain INTRODUCTION: The Criminal Procedure Code, 1973 as the name itself suggests, is a law that deals with the criminal procedure. In this article, we will study about Summon and the procedure relating to the trial of Summon cases before the Magistrate. The term ‘Summon’ is defined under sec
RAPE Author: Akshat Garg INTRODUCTION Rape is one of India’s most common crimes against women. It is reported that every 20 min, a woman is raped in India. The majority of reports reveal that female youth are a vulnerable group for rape victimization. According to experts, only 10% of rapes are reported, and the conviction
TRIAL BEFORE SESSION COURT Author: Akshat Garg INTRODUCTION Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it deals with the more serious warrant cases. It cannot take cognizance directly of any offense except in cases of defamation as given u/s 199 of CrPC. In rest
DEATH WARRANT INTRODUCTION: India is a developing country with an increasing rate of crime. There are various laws in India to regulate or stop crimes, even after having these laws the crime rate in India is still increasing because the punishments are not sufficient for the crimes. All the punishments have some motive
Kidnapping and Abduction Author: Amisha Jain INTRODUCTION: Kidnapping and Abduction are particular types of offences against the human body. They are defined under Sec. 359 to 374 of Indian Penal Code, 1870. Under these offences a person is taken away secretly or forcibly against the will of the person or against the will of the
Difference between legal heir and nominee Author: Amit Singh Who is a nominee? According to law, a nominee is a trustee and not the owner of the assets. He is only a guardian of your assets. The nominee will only hold your asset as a trustee and will be legally bound to transfer it to
Mischief Author: Amit Singh Introduction Mischief is defined in Section 425 and of the Indian Penal Code. Section 426 prescribes the punishment thereof. Section 427 to 440, in which gravity of the offense is aggravated owing to the greater value of wrongful loss or damage of the property than in ordinary cases of mischief. In
ORAL EVIDENCE Author: Amit Singh INTRODUCTION According to Indian evidence act 1872, Evidence can be classified between Oral Evidence and Documentary Evidence, and it can be proved by oral evidence of fact or by documentary evidence, it means there are two ways of proving a fact. First One is by produced witnesses of fact, which
SUMMARY TRIAL (S.260-265)] Author: Amit Singh Introduction What is Summary Trial? Summary trials are quickly disposed of and with the basic procedure of recording the trials. A summary trial is established on the legal maxim ‘justice delayed is justice denied’. It is noted that the summary is simply in recording the proceedings and not in
SUBMISSION OF DEATH SENTENCE: Author: Mansi Rana, UPES Dehradun INTRODUCTION India is one of the developing countries in the world and with development, the crime rate also rises hand in hand. Though so many preventive measures have been taken, then also the crime rate is increasing day by day as the punishment is not sufficient
