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…
Burden of Proof under Indian Evidence Act
Introduction The term burden of proof, which is not defined in the Indian Evidence Act, 1882, essentially refers to the legal responsibility of a party in a case to prove…
Law relating to Bribe Giving & Bribe Taking
Everyone knows bribe taking by a public functionary is an offence but some people do not know bribe giving is also an equally punishable offence. There is no much clarity…
Bail and the law relating to it
Bail is the rule but not its refusal Bail is the rule and refusal of bail is the exception. When the bail is refused the personal liberty of the citizen…
Electronic Evidence u/s 65B of Evidence Act
The requirement of the certificate, under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence.
The Supreme Court (SC) finally took this view in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case delivered on 14th July 2020.
Anticipatory Bail & its Legalities
What is an anticipatory bail? Anticipatory bail is a kind of bail that a person accused of committing a non bailable offence and apprehending arrest can apply for under the…
Possibility of Amending a Criminal Complaint
A civil suit, as everyone knows, can be amended as per the provisions of law but the criminal law code provides absolutely no provision for amending a criminal complaint. However…
Need for an All India Judicial Service (AIJS)
No other reform is as important as establishing an All India Judicial Service (AIJS) in revitalising Indian judiciary. But the proposal for setting up an AIJS, in the lines of…