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Total result found : 52
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Judicial System Before 1947

Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 3826
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The motto of the English was not to provide justice to the local people but the only motive behind these efforts was to replace the existing judicial system to mould the local people according to their own desire of ruling them in the long run. The concept of jury was anathema since it would have involved the local people in decision making process.
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Duty of The Public Prosecutor In The Criminal Justice System

Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 74295
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An ideal Prosecutor must consider herself/himself as an agent of justice. In India, we have a public prosecutor who acts in accordance with the directions of the judge. Normally, the control of entire trial is in the hands of the trial judge. Investigation is the prerogative of the police. However, it is generally believed that traditional right of nulle prosequi is available to the prosecutor. The public prosecutor in India does not seem to be an advocate of the state in the sense that the prosecutor has to seek conviction at any cost. The prosecutor must be impartial, fair and truthful, not only as a public executive but also because the prosecutor belongs to the honourable profession of law, the ethics of which demand these qualities.
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Disposal of Civil Cases: Perestroika

Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 5367
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According to recent reports over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. In subordinate courts, Uttar Pradesh again topped the number of pending cases (4.6 million), followed by Maharashtra (4.1 million), Gujarat (3.9 million), West Bengal (1.9 million), Bihar (1.2 million), Karnataka (1.06 million), Rajasthan (1.05 million), Orissa (1 million), Andhra Pradesh (900,000) . How long can a civil case be pending in court ? The answer appears to, in the mind of a common citizen, be that once a case is filed in court it may remain pending for as long as the case is being actively prosecuted by the parties without regard to any statute of limitations. Statutes of limitation require only that lawsuits be filed within a certain period of time after the occurrence of the incident that gave rise to the cause of action. Once the case is filed, however, it may remain pending until properly disposed of.
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Non-Examination Of Investigation Officer: Its Consequences

Published : December 03, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 24436
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The only duty cast on the investigation is to maintain a diary of his investigation, which is known as ``Case Diary'' under s. 172 of the Code. The entries in the case diary are not evidence nor can they be used by the accused or the court unless the case comes under s. 172(3) of the Code. The court is entitled for perusal to enable it to find out if the investigation has been conducted on the right lines so that appropriate directions, if need be given and may also provide materials showing the necessity to summon witnesses not mentioned in the list supplied by the prosecution or to bring on record other relevant material which in the opinion of the court will help it to arrive at a proper decision in terms of s. 172(3) of the Code. The primary duty of the police, thus is to collect and sift the evidence of the commission of the offence to find whether the accused committed the offence or has reason to believe to have committed the offence and the evidence available is sufficient to prove the offence and to submit his report to the competent Magistrate to take cognizance of the offence.
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Judicial Accountability

Published : November 17, 2013 | Author : YSRAO JUDGE | Rating :
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My poignant thesis may well be set down in the beginning itself. Judicial accountability is now a catchphrase in many countries. The word ‘ Judicial’ , as defined in the Black’s Law Dictionary, means ‘belonging to the office of a judge’ and the word ‘accountable’ means ‘responsible’. It is thus known that ‘ Judge is responsible for his own judicial act.’ Accountability is the sine qua non of democracy. The concepts of judicial review and judicial accountability, which are similar, and both emanate from the basic premise that power corrupts and absolute power corrupts absolutely. Judicial objectivity should not be taken to mean value neutrality. Generally, in our country, the attitude towards a Judge can aptly be termed as ‘reverential’. Karl Marx said, ‘man is made by his environment
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Basic Principles and Rules of Law of Evidence

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 4408
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Our Law of Evidence is totally based on The English Law of Evidence. The great mass of rules and principles of the English Law of Evidence are codified. In the case, Parasram vs Mewa Kunwar, it was held that '' Rules of Evidence are retrospective in their operation.'' That too, another view observed in Gardner's case is that '' the Law of Evidence is law of mere procedure and does not affect substantive rights and therefore '' alteration in form of procedure are always retrospective, unless there is some good reason or other why they should not be''
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Can the doctrine of lis pendens prevail over the rule of res judicata

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 9164
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Lis pendens and res judicata are the Latin terms. It can be abbreviated as '' Lis pend'' . ''Lis'' means an action or a suit. ''pendens'' means is continuing or pending. It is thus known that Lis pendens means a pending action. More so, ''Lis alibi pendens'' means a suit pending elsewhere. ''Lis mota'' means a Court action that has set in motion.
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Guidelines On Arrest Of Women And Judicial Officers

Published : November 16, 2013 | Author : YSRAO JUDGE | Unrated
Total Views : 3515
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Chapter V of Criminal Procedure Code,1973 deals with ''Arrest of persons''. To know about guidelines to be followed before arrest, it is essential to refer the ruling Joginder Kumar vs State of Utter Pradesh . To know more as to guidelines during arrest, it is necessary to refer the decison D.K.Basu vs State of West Bengal . Further, to know about guidelines after arrest, it is essential to refer the ruling Sunil Batra vs Delhi Administration , Prem Shankar Shukla vs Delhi Administration and D.K.Basu's case. A fortiori, it is also necessary to see Article 20(3) of Indian Constitution, the provisions of Criminal Procedure Code,1973 relating to arrest, Article 7 of International Covenant on Civil and Political Rights,1966 and National Human Rights Commission guidelines on arrest and National Police Commission: Third report etc
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Release of Vehicles by Magistrate In Excise and Forest Cases

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 15438
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Only when the vehicle involving in a forest offence is seized by the police authorities and is produced before the Magistrate and no confiscation proceeding is pending then and then only the Magistrate would have jurisdiction to pass any order in exercise of power u/S. 457, Cr. P.C.
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Word History of Mortgage in India

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 5864
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It seemed to Sir Edward that it had to do with the doubtfulness of whether or not the mortgagor will pay the debt. When there is a dubiety of whether or not the person will pay the debt , there must be a condition. This etymology is the basis for the word ‘ Mortgage’. If mortgagor does not pay the debt, it is dead to him upon condition. If mortgagor does pay the debt, then the pledge/ mortgage is dead with regard to mortgagee. The word ‘mortgage’ is linked to phrase ‘ as security for performance of an obligation or repayment of a debt’. The giving of property, usually immovable property, as security to a creditor for payment of a debt. In another sense, it is a deed pledging the security.
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Law and Social Change in India

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 20901
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social change evinces dimension of some of the characteristics of a group of people. If any action which affects a group of people who shared values or characteristics can also be said as social change
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Sale of Immovable Property

Published : November 16, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 9086
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Adjudicatory bodies ensue the law, equity, principles of natural justice and good conscious. The word Execution is not defined in Code of Civil Procedure,1908 (herein after referred as CPC). The word Execution can.
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Promissory Note in India

Published : November 15, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 58002
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The sum of money promised to be paid must be certain and definite amount. The law relating to ‘Negotiable Instruments’ in a Bills of Exchange Act, is codified in the commonwealth. Almost all jurisdictions, including in New Zealand, UK, Mauritius, codified the law as to negotiable Instruments. In India, The Negotiable Instrument Act, 1881 came into force. To understand the meaning of negotiable instrument, it is suffice to say that it means a promissory note, bill of exchange or cheque payable either to order or to bearer. During the Renaissance, Promissory note was in use in Europe. Later, during 20th century, the instrument changed substantially both in use and form and certain claused were added.
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Basic Principles of Law of Injunctions in India

Published : November 13, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 11577
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During 14th century, England had two distinct court systems. These are well known as ‘ Law Courts’ and ‘Equity Courts’. America's court system drew heavily on its English origins. The law of injunction in our country is having its origin in the Equity Jurisprudence of England from which we have inherited the present administration of law. England too in its turn borrowed it from the Roman Law wherein it was known as Interdict. The Roman Interdicts were categorized in three parts such as prohibitory, restitutory and exhibitory. Law courts were divided by their development of the common law. Equity courts had a more flexible approach to cases and provided for broad remedies. In our country, the Specific Relief Act, 1963 provides a large number of remedial aspects of Law.
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Suit For Specific Performance of Contract in India

Published : November 13, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 39717
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Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Before an equity court will compel specific performance, however, the contract must be one which can be specifically performed. Section 16 (c) of the Act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance of which has been prevented or waived by the defendant.
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Reformation Would Reduce Pressure

Published : November 13, 2013 | Author : YSRAO JUDGE | Rating :
Total Views : 2607
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The object of Criminal Law is more to reform the offender than to punish him . Instead of keeping an accused with hardened criminals in a prison, Court can order personal freedom on promise of good behavior, and can also order a period of supervision over an offender.
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Whether Section 324 Of IPC Is Bailable Or Non-Bailable

Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 67531
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If you go through Section 42 sub-section (f)(iii) of Code of Criminal Procedure (Amendment) Act, 2005 (No. 25 of 2005) which says section 324 of Indian Penal Code,1860 is non-bailable offence..
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The Deed of Mortgage

Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 13373
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In India, section 55 of the Transfer of Property Act,1882 explains for the relevant convenants and under section sub section 2 of section 55 of the Transfer of Property Act,1882, the benefit of the covenants run with the land and can be enforced by the transferees for time to time...
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Succession Certificate

Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 58813
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A succession certificate, strictly speaking, does not effect adjudication of title of the deceased far less than that of the holder as regards the debts and securities covered thereunder. Yet, simply to afford protection to the parties paying the debts...
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Disposal of Civil Cases: Perestroika

Published : June 16, 2012 | Author : YSRAO JUDGE | Rating :
Total Views : 6956
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According to recent reports over three million cases are pending in India's 21 high courts, and an astounding 26.3 million cases are pending in subordinate courts across the country. In subordinate courts, Uttar Pradesh again topped the number of pending cases...
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