The instances of false and frivolous complaints under section 498 A and 406 and sometimes even under section 304 B have become very frequent in the Indian courts. Such complaints often are filed with the aim of harassing the husband and his family to the end of monetary extortion or even extortions in kind. p style="text-align..
Introduction Contradictions between two statements of a witness play a crucial role in deciding the fate of a criminal case or trial. Contradictions can be categorised into two: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior and later statements b..
Cancellation of Look-Out-Circular What is a Look-Out Circular, and who can issue and when can it be issued? Does LOC lead to arrest? Whether anticipatory bail can be granted by Competent Court even if LOC was issued? Look Out Circular or LOC is nowhere defined in Criminal Proced..
Bail when Appeal is pending in Supreme Court The Special Leave Petition is filed by accused u/a 136 of Constitution of India before Hon’ble Supreme Court of India, who has been convicted by High Court. Supreme Court is exercising appellate criminal as well as civil jurisdiction under Article 136 of Consti..
What a cheque in law means A cheque is a transferrable (negotiable) instrument in writing, containing an unconditional order signed by its maker (drawer), directing a specified banker (drawee) to pay on demand, the sum of money specified on the instrument, to a person (payee) or to the order of him or to the be..
Anatomist, dentist, anthropologist, and radiologist having medico-legal experience may be consulted for the examination of bones. Depending on the completeness of skeletal remains, an option can be given on the following aspects: Source, whether human or animal Whether bones belong to o..
The battered baby syndrome is a term used to define a clinical condition in young children usually under three years of age, who have received non-accidental violence or injury on one or more occasions, at the hands of an adult in a position of trust, generally parent, guardian, or foster parent. In addition to physical injury, there may be deprivation of nutrition, c..
Ubi jus ibi remedium means 'where there is a right there is a remedy' clearly justifies the essence of the intention of the legislature. In recent days, people use their right as a weapon to get their malafide intention accomplish. These days, every second person is surrounded by a greed of money and to get over it uses the law as a tool to get wrongful gain. Indian..
GROUNDS TO SEEK BAIL IN FALSE CASES UNDER POCSO Recently on 24th of July, 2019 Rajya Sabha passed the Protection of Children from Sexual Offences Bill, 2019. This bill provides more stringent punishment to the offenders such as death penalty. By introducing this amendment bill our legislatures shows their seri..
What is Anticipatory Bail? Relevant Provision: Section 438 of Cr.P.C.) What does the word anticipatory bail not mean is to be understood first to understand the whole concept of Anticipatory bail. Anticipatory bail does not mean that bail be granted before arrest but refers to a pre-arrest ord..
The Supreme Court of India will consider taking up the letter written by the Unnao rape case victim to Chief Justice of India Ranjan Gogoi on the judicial side. The letter written by the victim and her family members claimed that they were being threatened by followers of accused BJP MLA, Kuldeep Singh Sengar...
As per information provided by Ministry of Home Affairs, Police andPublic Order are State subjects under the Seventh Schedule to the Constitution of India. The responsibility to maintain law and order, protection of life and property of the citizens including children, rests primarily with the respective State Governments and UT Administration. The State/UT Governme..
What is a Look-Out Circular, and who can issue and when can it be issued? Does LOC lead to arrest? Whether anticipatory bail can be granted by Competent Court even if LOC was issued? Look Out Circular or LOC is nowhere defined in Criminal Procedure Code, although, in common parlance, LOC means a document i.e. letter used by aut..
Any aggrieved person approached to Hon’ble Supreme Court with the great hope and curiosity that their legal rights will be clearly and precisely decided by Hon’ble Supreme Court after following due process of law and with correct interpretation of law with no error of such magnitude that judgment pronounced by Supreme Court will reflect equity, reasonabl..
Review literally and even judicially means re-examination or re-consideration on the philosophy that human errors crept sometimes. The decision of Hon’ble Supreme Court is binding on parties, however, aggrieved party has remedy to challenge or get it reviewed the order or judgment passed by Hon’ble Supreme Court in Appellate or Original Jurisdiction..
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