Ethics of defending a Client known to be Guilty
Criminal defence advocates, defending the accused persons who have been considered by the people to be guilty in heinous crimes, are at the receiving end many a time. The public…
Defamation in Indian Criminal Law
Defamation, according to Section 499 of the Indian Penal Code (IPC), is making or publishing any imputation concerning any person to harm the reputation of such person.
It can be in written, oral, sign, or graphical form. It must be made knowingly and believing that it will harm the reputation of the person against whom it is made.
Cruelty: A flourishing Ground for Divorce
Cruelty is an adequate ground for dissolving a marriage solemnized under a valid law, on a petition filed by either of the party in marriage. But what constitutes cruelty is not spelt out in law. This creates some confusion among the stakeholders of divorce petition and they bring in anything and everything under the sun as an instance of cruelty to get a quick divorce which the law has never envisaged at all.
Contempt of Court Act in a Nutshell
Concept of contempt of court The concept of contempt of court came into existence in India with the enactment of the Constitution of India. By including the concept the Constitution…
Consumer includes Beneficiaries of Insurance Policy
Introduction The seminal question whether a beneficiary of an insurance policy, who has not paid any premium to the insurance firm but uses the services under the insurance with the…
Consumer Protection Act 2019 in a Nutshell
The Consumer Protection Act, 2019 replaced the three decade old Consumer Protection Act of 1986. The new act brings in some substantial changes beneficial to the consumer by adding more…
Confession under Indian Evidence Act
Confession, in fact, is a statement by an accused suggesting that he committed the crime charged against him. A statement must contain specific admission of guilt or all the facts which constitute the crime in order it to be considered as a confession.
Taking Cognizance u/s 190 CrPC means
What “taking cognizance” means What is meant by taking cognizance in regard to an offence by a competent Magistrate is not defined or described in the Code of Criminal Procedure,…
Cheque Dishonour Cases u/s N I 138
The five elements of a cheque dishonor case are drawing the cheque by the accused on an account maintained by him, presentation of the cheque to the Bank by the payee, returning the cheque unpaid by the drawee bank, the payee issuing a demand notice to the drawer of the cheque, and the failure on the part of the drawer to make payment within 15 days of the receipt of notice.
When the five elements exist then the payee has a valid ground for filing a cheque case. The Magistrate while taking cognizance has to look into whether the ingredients have been made out.
Speeding up Cheque Cases: SC Guidelines
A set of guidelines have been issued by the Supreme Court (SC) in speeding up cheque cases, in a judgement delivered on 5th March 2020 in Makwana Mangaldas Tulsidas v…
Framing of Charge in a Criminal Case
A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial. The charge conveys the accused the accusation which the prosecution intends to prove against him in the court. It enables him to prepare for his defence in regard to the accusation.
What is meant by Cause of Action in a Civil Suit?
Cause of action means What we term as cause of action is a bundle of facts which forms the ground for a civil suit. The plaintiff must have to prima…