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
EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE Author: Mansi Rana, UPES Dehradun INTRODUCTION: Evidence includes everything used to determine or prove the authenticity of an assertion. Providing or obtaining evidence refers to the process of using (a) what is assumed to be true or (b) what is proven by evidence to prove the facts asserted.
PROCEDURE FOR OBTAINING COURT MARRIAGE CERTIFICATE IN INDIA Author: Mansi Rana, UPES Dehradun What is Court Marriage? Court marriages are very different from traditional marriages, which are usually followed by all ceremonies among all family members and relatives. Court marriages are usually conducted in the presence of marriage officers. In court marriage, any two qualified
DIFFERENCE BETWEEN POLICE CUSTODY AND JUDICIAL CUSTODY Author: Mansi Rana, UPES Dehradun Introduction : Many times, when someone is arrested or suspected of committing a crime, the police may not be able to complete the investigation within 24 hours and present the person to a magistrate. At this point in time, it is important to
Abetment Author: Ekta Varshney, A.M.U Introduction In Criminal Law, a person can be made liable only for his act( an illegal act or omission of duty) but when the act has been committed by another person who has been instigated, urged, or induced then the theory is known as of Abetment. A person who does
DECLARATORY DEGREES UNDER SPECIAL RELIEF ACT Author: Mansi Rana, UPES, Dehradun DECLARATORY DEGREES A declaratory decree is a decree that declares the rights of the plaintiff. This is a binding statement, according to which the court declares certain existing rights in favor of the plaintiff, and the declarative decree only exists when the plaintiff is
Author: Poulomi Sen, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur Clarification on age determination strategies of a juvenile rape victim: Documentary evidence vs Medical Evidence. Court: Supreme Court of India JURISDICTION: Criminal Appellate Jurisdiction CASE NO.: Criminal Appeal No(s). 442/2010 BENCH: Hon’ble Mr. Justice Pinaki Chandra Ghose and Hon’ble Mr. Justice Uday Umesh Lalit.
Prem Nath Bali v. Registrar High Court of Delhi COURT: Supreme Court of India JURISDICTION: Civil Appellate Jurisdiction CASE NO.: Civil Appeal No. 958 of 2010 BENCH: Hon’ble Mr. Justice Chelameswar and Hon’ble Mr. Justice Abhay Manohar Sapre APPELLANT: Prem Nath Bali RESPONDENT: Registrar High Court of Delhi and Another DECIDED ON: 16 December 2015
Author: Ayushi Verma Role of Motive, Intention and Malice in Torts MOTIVE A Motive signifies the person’s state of mind. It means the ulterior reason for the conduct. It is different from intention. As a general rule, the motive is not relevant to determine a person’s liability in the Law of Torts. A wrongful act
Author: Ayushi Verma Forensic Accounting INTRODUCTION Within the developing financial situation, forensic accounting is an essential tool for revealing or enquiring about monetary wrongdoing and the course of equity, providing decisive information about the actualities found related to financial crime. In the most recent couple of years, Forensic Accounting has seen a great expansion in
