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criminal law


THE TRIAL OF RAMA KOMATHI-1720

THE TRIAL OF RAMA KOMATHI-1720 Malice in Blunderland Rama Komathi's case is the earliest of "Notable Trials" in the annals of British law courts in Bombay, of which a fairly detailed account has come down to us. This case was tried in what might be called the dark ages of law and justice in Bombay, in an atmosphere of ignorance, and error, of lawlessness and corruption, when private ma..

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PROBATION AND REHABILITATION OF DELIQUENTS

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Stop Payment - Section 138 NI Act

Article By Shri Naresh Pareek A stopped payment is usually requested if the cheque has been declared missing or lost. But many a times the drawer, to escape his debt or liability has used it as an instrument of deception. The 1988 amendment in Section 138 of Negotiable Instruments Act is also silent about font color="..

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BEYOND REASONABLE DOUBT

  Beyond Reasonable Doubt “Beyond reasonable doubt”, the well known principle of common law has acted like a savior for the guilty. Anybody who is capable o..

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Dishonour of cheque

 The Apex Court has time and again held that It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. This averment is an essential requirement ..

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BEYOND REASONABLE DOUBT

  Beyond Reasonable Doubt “Beyond reasonable doubt”, the well known principle of common law has acted like a savior for the guilty. Anybody who is capable o..

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Police -Rank- Badge

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Test identification Parade

1. TEST IDENTIFICATION PARADE Introduction: The term 'Identification' means proving or fixing before the court that a person, article or animal is the very same that he- or it is alleged, charged or reputed to be. The term used in police investigation is 'test identification' i.e. a process by which the identity of persons, things or animals concerned in the offence under investigation or tr..

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SUPREME COURT: THE FINAL PEDESTAL OF JUSTICE

A law may be defined as an assemblage of signs, declarative of a volition, conceived or adopted by the sovereign in a stage, concerning the conduct to be observed in a certain case by a certain person or class of persons who in the case in question are or are supposed to be subject to his powers. spa..

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MEDIA AND CHILD PROTECTION

With the increasing competition among the different newspapers and news channels at times rights of children are infringed. Recently the National Commission for Protection of Child Rights has received complaints on the use of the name and photographs of an 8-year old boy in Begusarai, Bihar. The boy, who is alleged to have killed three children, was referred to in reports as a ‘serial killer’ a..

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FEMALE FOETICIDE: NEED TO CHANGE THE MINDSET OF PEOPLE

One of the greatest threats to our contemporary civilization is the menace of skewed sex ratio. The increasing imbalance between men and women is leading to many crimes such as illegal trafficking of women, sexual assaults, polygamy and dehumanization of society. These acts have been increasing making this world unsafe for..

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~LAW OF EVIDENCE AND ITS LACUNAS~

S.45 As It Stands Today In simple language if we look at the phrase Expert Opinion and try to analyse it then it means that an opinion which is given by a person who is expert in a particular field, may it be science, art, law or any other technical field. And, this conc..

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~INDIAN SYSTEM OF BAIL~

Objectively analyzed the criminal jurisprudence adopted by India is a mere reflection of the Victorian legacy left behind by the Britishers. The passage of time has only seen a few amendments once in a while to satisfy pressure groups and vote banks. Probably no thought has been given whether these legislations, which have existed for almo..

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~RES GESTAE~

Res gestae (a Latin phrase meaning "things done") is an exception to the rule against Hearsay evidence. Res gestae is based on the belief that because certain statements are made naturally, spontaneously and without deliberation during the course of an event, they leave little room fo..

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~PREVENTION OF CORRUPTION ACT~

Introduction:- "If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream." - Dr. A.P.J.Abdul Kalam Corruption is considered to be one of the greatest imped..

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