Filing of Written Statement after Ninety days
Provision on filing written statement As per the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), the defendant is obligated to present a written…
Wrongful prosecution: The remedies proposed
Introduction Wrongful prosecution of innocent persons including prolonged incarceration of them has become quite a common practice nowadays. In general, the term wrongful prosecution includes every act intended to commit…
Ingredients of Murder u/s 300 IPC
Murder: Its elements Murder is the gravest form of culpable Homicide (punishable killing). It is the most serious crime having the highest punishment in the Indian Penal Code, 1860 (IPC).…
Mortgage: The Legal Provisions governing it
Mortgage defined Mortgage is transfer of an interest in a specific immovable property, for securing an advance payment of money by way of loan. It creates a pecuniary liability. It…
Mens Rea & its importance in Criminal Cases
Mens rea refers to the guilty intention, knowledge, or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea).
An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.
Maneka Gandhi judgment simplified
The judgment in Maneka Gandhi case ( Maneka Gandhi v Union of India: AIR 1978 SC 597) was a landmark judgment in the judicial history of India. It was a conscious attempt on the part of the Supreme Court (SC) in restoring the people’s faith in the judiciary which reached at its low in the seventies, particularly after the ADM Jabalpur judgment which is considered to be the most infamous judgment in India.
On Dealing with Malicious Prosecution
Malicious cases are on the increase. The educated and rich sections of society such cases are being used as an easy tool to bring someone down. One reason for this…
Husband’s right to get Maintenance from his wife
Husband will get maintenance A deserving husband of a woman married under the Hindu Marriage Act, 1955 has every right to get maintenance. But no other law of similar kind…
Parents & Senior Citizens: Maintenance & Welfare
The parents and senior citizens, who are neglected by their children, can now claim need-based maintenance from their children. This is claimed on the strength of the law - Maintenance…
Need for Strengthening Subordinate Judiciary
Strengthening subordinate judiciary – consisting of district and below level courts – is a much needed but grossly neglected reform. It has the potential to address the ever increasing problems…
Lok Adalats & Legal Service Authorities
Introduction Lok Adalat means people’s court. It is an Alternate Dispute Redressal (ADR) mechanism periodically being conducted under the stipulations in the Legal Services Authorities Act, 1987. The legal services…
Liquor ban on Highways: A Judicial Extra vaganza
The Supreme Court’s (SC’s) ban of liquor sale within 500 meters of national and state highways is a classic case of unwarranted judicial law making and flagrant violation of the…