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…
Bribe Giving & Bribe Taking: Its Law
Both bribe giving and bribe taking are offences under Indian law. They are termed offences originally by Indian Penal Code (IPC), 1860 and later by the Prevention of Corruption Act (PCA), 1988, which now deals with the offences.
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…
Duties of an Advocate
Advocate profession is an esteemed one The advocate’s profession is an esteemed one. It seeks to promote dispensation of justice irrespective of one's caste creed or religion. An advocate in…
Law on recovery of advance or earnest money
Introduction The “advance deposit”, which is being paid as part of a contract for transfer of an immovable property, has in the past been treated conceptually quite different from the…