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Total result found : 1054
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The Power of The Magistrate Under Section 156 (3) of Cr.P.C
Published : June 01, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 68131
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The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as...
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Illegal Arrest
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 5661
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It is solemn duty of the court to protect and uphold the basic human rights of the weaker section of the society. Arrest can be made on not only in Criminal cases but also in Civil cases. In order to bring arrestee before a Court of Law or otherwise secure of the administration of the law, an arrest will usually be made...
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You Are (Not) Under Arrest
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 3766
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Changes are always made for the betterment of its subjects, and they ought to be welcomed by people. Equally true is the thing that people for whom we are designing the changes should be ready to understand and accept them...
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What Deeds Are To Be Registered Compulsorily
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 15751
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The real purpose to register a deed is secure every person dealing with any property against fraud and to maintain a public register. It is very essential to see that the officer is duly competent to register a document and that the document is not presented to unqualified or a wrong registration circle, as otherwise such registration would be of no use or validity....
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Judicial System Before 1947
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 6901
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The British ruled India for a period of almost about 190 years. Yet, the English set up a poor copy of the British judicial system as Indian judicial system...
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Dying Declaration
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 6563
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The maxim Nemo moriturus praesumitur mentire is basis for 'dying declaration, which means a man will not meet his maker with a lie in his mouth. A dying declaration is called as Leterm Mortem. The word Leterm Mortem means Words said before death...
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Power of Attorney
Published : May 31, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 28354
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Inasmuch as human being becomes busier, it becomes more necessary for him to depend on others for getting his things done. Owing to this reason, the power of attorney is now playing vital role...
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The Doctrine of Promissory Estoppel
Published : May 30, 2012 | Author : shreya | Rating :
Total Views : 9502
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The Doctrine of Promissory Estoppel is an equitable doctrine. This principle is commonly invoked in common law in case of breach of contract or against a Government. The doctrine is popularly called as Promissory Estoppel, Equitable Estoppel ,Quasi Estoppel and New Estoppel...
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Cyber Torts
Published : May 30, 2012 | Author : shreya | Rating :
Total Views : 17200
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Cyber torts are the latest and perhaps the most complicated problem in the cyber world. Cyber torts may be said to be those species, of which, genus is the conventional torts, and where either the computer is an object or subject of the conduct constituting tort...
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TRAI - A Legal Analysis
Published : May 26, 2012 | Author : shreya | Rating :
Total Views : 5066
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This legislative comment makes an humble attempt to study the Telecom Regulatory Authority of India as a regulating body, with the help of the rules and regulations laid down in the TRAI Act 1997...
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The Outlook of Land Acquisition Bill
Published : May 25, 2012 | Author : ranganathvg@legalserviceindia.com | Rating :
Total Views : 2578
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Land acquisition refers to the process by which government forcibly acquires private property for public purpose. The Land Acquisition Act, 1894 (1894 Act) governs all such acquisitions. Additionally, there are 16 Acts with provisions for acquisition of land in specific sectors such as railways, special economic zones, national highways...
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Arbitration clause v. Contingent Contract
Published : May 25, 2012 | Author : deveshrs | Rating :
Total Views : 3968
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Arbitration is clause is generally independent of the rest of the contract. But what if it is a contingent contract ?
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FIR
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 10532
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The basic purpose of filing FIR is to set the criminal law into motion and not to state all the minute details therein. The information under section 154 of Cr.P.C is generally known a s F.I.R though 'first is not used in the code. F.I.R is not the be all and end all of every criminal case and is not substantive evidence...
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Docket Explosion
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 2540
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In 1987, The Law Commission of India recommended 50 judges per million of population instead of 10.5. The recommendation remained buried in the Report follow-up action....
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Common Intention
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 4047
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Common Intention is known as a prearranged plan and acting in concert pursuant to the plan. It must be proved that the Criminal act was done in concert pursuant to the pre-arranged plan. It comes into being prior to the Commission of the act in point of time, yet it need not be a long gap. The gap need not be long sometimes common intention can be developed on the spot. The fundamental factor is a pre-arranged plan to execute the plan for the desired result. Each of such person will be liable in an act done in furtherance of common intention as if the act was done by one person. Common Intention does not mean the similar intention of several person. To constitute common intention, it is necessary that the intention of each one of them be known to the rest of them and shared by them...
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Speed Break To Section 304-A of IPC
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 8074
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Accident is an unforeseen incident. Yet, it must not be a ground to let off the offender. If a person, who is sole bread winner of his family, is died in accident by rash or negligent act of a person, such family may become destitute forever. Therefore, at least immediate compensation must be paid to the victim by the offender besides other benefits to the victim...
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Framing of Charge In Criminal Cases
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 14518
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There is some criticism in some trial courts that the important task of framing charge is being entrusted to stenos by the trial judges. A fortiori, inasmuch as the Supreme Court laid down that the purpose of framing a charge is to give intimation to the accused of clear, unambiguous and precise notice of the nature of accusation that the accused is called upon to meet in the course of a trial, it is primary duty of a judicial officer to remove such criticism from the minds of litigant public. This article may be helpful to newly recruited Junior Civil Judges as to this aspect.
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Poor Accused Weeps In Silence
Published : May 22, 2012 | Author : YSRAO JUDGE | Unrated
Total Views : 2057
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Denial of speedy trial may with or without proof of something more lead to an unavoidable inference of prejudice and denial of justice. It is prejudice to a man to be detained without trial. It is prejudice to a man to be denied a fair trial...
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Examination Of Witness By The Court In The Absence Of Prosecutor
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 5390
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‘If the Public Prosecutor was absent and if the witnesses were not kept present and if the applications for witness summons were not presented by the prosecution then also the court was not powerless. The court itself could have issued witness summons in order to see that the person behind the screen of the stage does not suffer....
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The Period Of Limitation In Seeds Cases
Published : May 22, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 3121
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The period of limitation in seeds cases is very important aspect. the seed inspector must not forget the procedure contemplated under section 468 of Cr.P.C
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