CAUSING DEATH BY RASH AND NEGLIGENT DRIVING
The Indian Penal Code, 1860 defines rash driving or riding on a public way and causing death by negligence. Rash driving or riding on a public way is defined under Sec. 279 and causing death…
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THE RELEVANCE OF RES JUDICATA IN LAW
Res judicata is a fundamental principle of civil law in India that refers to the legal doctrine that a matter that has been finally adjudicated by a competent court cannot be reopened by the same…
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RESTITUTION OF CONJUGAL RIGHTS
The restitution of conjugal rights means the re-establishment of the marital relationship between husband and wife because the prime objective of marriage is that parties will consummate it and enjoy the society and comfort of each other….
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DARK SIDE OF “MEGH”
Introduction Why do people commit the heinous crime of child pornography? How are child pornographers different from those involved in actual sexual harassment? The introduction of relevant regulations will help contain this threat. Or is…
READ MORECase Study: Indra Sawhney vs Union Of India & Ors. (1992 (Suppl) 3, SCC 217)
INTRODUCTION Nine Judges bench of Indra Sawhney v. Union of India (1992) is a case carved in stone by the Indian judiciary, both blessed and cursed, a dynamic power play of political opportunism and may witness friction forever….
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Brief note on “PRIMA FACIE EVIDENCE” under Criminal laws in India
Introduction The term prima facie evidence refers to a legal scenario in which the prosecutor presents sufficient evidence to prove the defendant guilty. If you work in the legal field or are familiar with legal…
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Determination of Age in Juvenile Justice Act,2015
Introduction Age determination is of paramount importance for ascertaining whether an accused comes within the purview of Juvenile Justice Act, 2015 or not. The Act of 2015 grants minor accused of committingcrimes some special privileges. The “judicial waiver” system, which permits treating juvenile criminals as adults if they are suspected of committing a heinous crime, has increased the significance of age determination (between 16-18 years of age). The provisions for age determination lean strongly in favor of juvenile offenders. In…
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CRIMINALITY OF FORGERY
Introduction Forgery, in law, is making of a false writing with an intent to defraud. Writing, to be forgery, must either have legal significance or be commonly relied upon in business transactions. It need not…
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KNOW ALL ABOUT INTERIM/ANTICIPATORY BAIL
“The issue of bail is one of liberty, justice, public safety and burden of the public treasury, all of which insist that a developed jurisprudence of bail is integral to a socially sensitized judicial process”….
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ALL ABOUT NON-BAILABLE OFFENCES IN INDIA
INTRODUCTION Bail is an integral part of the criminal justice system in most nations across the globe, including India. Bail is a way to ensure that the accused is present before the court for trial,…
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