Author: Ritika Sharma Law Commission of India What is Law Commission of India Law Commission of India is an executive body which is formed by the government. It is neither a statutory nor a constitutional body. It is an Advisory body constituted to give Proposals for Reforms to the Ministry of Law and Justice. There
Author: Hardik Baid, NLU Delhi MARUTI SHRIPATI DUBAL V. STATE OF MAHARASHTRA In the following article, the readers will create an exhaustive knowledge base with respect to the Section 309 of the Indian Penal Code 1860 that penalizes the attempt to commit suicide with one year of simple imprisonment or fine or both. The constitutionality
Author: Ritika Sharma REMEDIES FOR THE BREACH OF CONTRACT Introduction A contract is an agreement that legally binds the parties making it. Section 2(h) of the Indian Contract Act, 1872 gives the definition of the contract according to which contract is an agreement that is enforceable by law. Section 10 of the Indian Contract Act
Author: Ritika Sharma FAIR TRIAL Introduction It is rightly said that “Justice should not be done but it should be seen to have been done.” Convicting a wrong person is much more unjust than not convicting anyone at all. In order to remove the discrimination and prejudices while conducting a trial, the concept of “Fair
Author: Preeti Singh Bhadoria Evidence Act, 1872 (Section 151- 166) Introduction “If you’ve ever wondered why the concept of Evidence Act came into existence and what is the need for different sections of the Indian Evidence Act, 1872. This whole article deals with the Concept of Indian evidence and its different sections i.e. from Section
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,
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
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
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
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
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
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
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
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
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,