INTRODUCTION India has a well-established Criminal Justice System which is primarily governed by three acts, namely 1) Indian Penal Code, 1860; 2) Code of Criminal Procedure 1973; and 3) Indian Evidence Act, 1872. The Code of Criminal Procedure, 1973 (hereinafter …
Introduction The Latin term “Caveat” means, “let a person beware” which was originated in the middle of 16th century. Generally, it is a warning where in law, it is considered as a notice, through which Court may not take certain …
America was the first country that adopted Preamble for their written constitution. After many countries including India followed this practice. The preamble of the Indian Constitution is based on the objective Resolution, drafted and moved by Jawaharlal Nehru on 13th …
Until the last century, courts used to deal with disputes between business partners in accordance with prevalent customs and usages. However, the provision of the Partnership was contained in the Indian Contract Act,1872. But those provisions were found unsatisfactory, thus …
What is dying declaration? The term ‘dying declaration’ is nowhere precisely defined in the Evidence Act. It refers to ‘a declaration made by a person by way of signs, verbal communications, conduct, or writing soon before his death or while …
Abstract The Constitution of India was adopted on 26th November 1949, and it became enforceable on 26th January, 1950. It took 2 years 11 months and 17 days to form the Constitution. The Constitution of India was drafted by Dr. …
Introduction: Medical negligence is one of the most challenging and onerous negligence, it consists of various claims. The doctors and the medical practitioners are involves in the medical negligence. Based on the judgments given by the various court, it is …
Introduction: Human Judgement is not infallible. Despite all the provisions ensuring a fair trial and a just decision, mistakes are possible and errors cannot be ruled out. The Code therefore provides for “Appeals” and “Revisions” and thereby enables the superior …
According to Chapter XXIX, Section 372 to Section 394 of the Code of Criminal Procedure, 1973 deals with the provision of Appeal. As per Chapter XXX, Section 397 to Section 402 of the Code of Criminal Procedure, 1973 deals with …
Introduction: According to Section 395 to Section 396 of the Code of Criminal Procedure 1973 deals with the Reference to High Court and Disposal of case according to decision of High Court. As per Section 397 to Section 405 of …