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Lawyersclubindia Articles


A 'Different' Series #15: Mortgage Vs Charge

  Sharmishta   19 April 2022 at 10:13

Difference between Mortgage and Charge BASIS MORTGAGE CHARGE Statute Mortgage is defined under Section 58 of the Transfer of Property Act of 1882. Charge is defined in Section 100 of the Transfer of Property Act, ..


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Evidentiary Value Of Judicial And Extra-Judicial Confessions

  Vrinda   16 April 2022 at 10:50

KEY TAKEAWAYS Confession is a statement made by an accused person that is sought to be proven against him in a criminal proceeding in order to establish that he committed an offence. Section 80 of the Indian Evidence Act gives judicial confessions ev ..


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Divorce By Mutual Consent Under Muslim Law

  Vrinda   15 April 2022 at 15:15

KEY TAKEAWAYS Divorce in Islamic law can take place either through the spouses' own actions or through a court order. There are three types of divorce in Islamic law (sharia), each with its own set of rules. The procedure is known as talaq when a ..


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A 'Different' Series #14: Motive Vs Intention

  Sharmishta   15 April 2022 at 15:15

Difference between Motive and Intention BASIS MOTIVE INTENTION Definition Motive is defined as a state of thought that causes or accelerates Intention. Motive is not fundamental to the offense in and of itself, but ..


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Principles Governing The Order Of Investigation Under Section 156(3) Of CrPC

  Supinder Singh   14 April 2022 at 11:10

Key Takeaways Section 156 (3) of CrPC provides that any magistrate, who can take cognizance of an offence under Section 190 of CrPC, can order the investigation of such cognizable offence by a police officer. After a complaint has been filed before t ..


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A Different Series #13: Set-Off Vs Counter Claim

  Sharmishta   14 April 2022 at 10:08

Difference between set-off and counter-claim BASIS SET-OFF COUNTER- CLAIM Statute "Set off" is defined in CPC rule 6 order VIII. The term "counterclaim" is defined in 6A-6G of order VIII. ..


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A Different Series #12: Irregular Marriage Vs Void Marriage

  Sharmishta   13 April 2022 at 10:31

Difference between Irregular Marriage And Void Marriage in Muslim law BASIS IRREGULAR MARRIAGE VOID MARRIAGE Definition When a marriage is temporally outlawed but not necessarily restricted, it is considered irregular or fasid rather ..


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A Different Series #11: Investigation Vs Inquiry

  Sharmishta   12 April 2022 at 16:28

Difference between Investigation and Inquiry BASIS INVESTIGATION INQUIRY Statute Section 2(h) of the CrPC defines investigation. Section 2(g) of the CrPC defines investigation. Definition The investigation is the executive ..


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Processes To Compel Appearance Of Persons In Court

  Supinder Singh   12 April 2022 at 10:48

Key Takeaways Chapter VI of the Cr. P.C. contains the provisions relating to Processes to Compel Appearance of Persons in Court. Warrants of arrest can be directed to Police Officers as well as other persons, depending upon the circumstances.Before i ..


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Denial To Prisoner To Perform Conjugal Relation For Progeny Would Adversely Affect Rights Of His Wife, Rajasthan HC Grants 15 Days Parole To Life Convict

  Adv. Sanjeev Sirohi   11 April 2022 at 14:45

It would be in the fitness of things to mention right at the outset before stating anything else that in a very significant development, the Rajasthan High Court at Jodhpur in a learned, laudable, landmark and latest judgment titled Nand Lal Through ..


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