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,
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
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
Fake Encounters and the Rule of Law Author: Prasoon Shekhar, The ICFAI University, Dehradun. “Fake ‘encounters’ are nothing but cold-blooded, brutal murder by the persons who are supposed to uphold the law”.[1] Introduction Fake encounters can be defined as extrajudicial killing of persons who are usually in custody, by the policeman without following the rule
Startup India- A Government Initiative – Prasun Sarkar In recent years, there has been a shift in business models. The most prevalent type of business these days is a startup. A startup is a small business that brings about a new product or service in the market. It initially starts with funding from an outsider
Startups Author: Prasun Sarkar, KIIT Introduction The term “startup” has been bandied around with increasing frequency over the past few years to describe scrappy young ventures, hip San Francisco apps, and huge tech companies.[1] To put it in simple words, startups are small and new businesses that provide or bring about a certain product or
Author: Prasun Sarkar, KIIT Statements made under Special Circumstances There are two general classes of statements that are dealt with, firstly entries in books of accounts regularly kept in the course of business and secondly entries in public documents, or in documents of public character. Both classes of statements are admissible or relevant. Whether the
Author: Meenakshi Raj INTRODUCTION TO EVIDENCE The word ‘evidence’ is derived from the Latin word evident or evidere, which means “to show clearly, to discover clearly, to prove”. The law of Evidence bears the same relation to a judicial magistrate as logical to the reasoning. It is a system of rules which the Court has
Extradition Author: Abhay Saxena, Bharati Vidyapeeth New Law College, Pune Introduction: Extradition is an act where one country delivers a person accused of committing a crime to another country, over to the law enforcement agencies. It is a process of cooperation between the two countries and depends on the arrangements made by them. An extradition
Author: Manan Agrawal CONTINENTAL SHELF What is Continental Shelf? Continental Shelf is the submerged part of the landmass of a continent into the sea. It’s an edge of the continent that lies underneath. Though under the sea, it forms part of the continent. Geologically, it is defined as an immersed extension of a coastal state.