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Forensic Evidence And Wrongful Convictions

KEY TAKEAWAYS  The medical opinion, being only an opinion, is advisory in nature and the court has to form its own opinion considering the material, data and the opinion on the technical aspects rendered by the medical expert. The scientific evidence which has been separated from “junk science” required more in-depth analyses of foundational evide..

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The Impact Of Artificial Intelligence On Forensic Science

INTRODUCTION In our fast-paced, ever-evolving world, Artificial Intelligence (AI) is quickly becoming a game-changer across a wide range of fields, gaining more and more importance and recognition. Its impact is felt everywhere, from healthcare and transportation to finance and entertainment. At its heart, AI is all about giving machines a touch of human-like intelligence,..

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Understanding Hindu Law: The Complexity Beyond Lex Loci

Key Takeaways One of the key features of Hindu law is its adaptability which is evident in the development of new legal doctrines, judicial precedents, and legislative reforms. Lex loci refers to the practice that the law governing a particular issue is determined by the jurisdiction where the issue arises. Enactment of various statutes and modernizing ..

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Breaking Down The Law: Exploring House Trespass Vs House Breaking

KEY TAKEAWAYS: House Trespass and House Breaking  Ingredients of House Trespass and House Breaking  Punishment of House Trespass and House Breaking  Difference between House Trespass and House Breaking Judgements INTRODUCTION: There are two legal phrases for entering someone else’s..

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All About Avyavaharika Debt

KEY TAKEAWAYS It's important to highlight that following the enactment of the Hindu Succession Act in 2005 and the subsequent amendment to Section 6 (4), no court shall uphold any individual’s right to recover debts contracted by their father, grandfather or great-grandfather based on Pious obligation.  Under Hindu law, it contains some of conflicti..

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Did a Wendy's Salad Cause Food Poisoning? Jason's Story

Food poisoning is a serious issue that can happen to anyone. Imagine buying a salad from a well-known fast food restaurant, only to find out that it might have made you sick. This is exactly what happened to Jason, who claims he got food poisoning from a Caesar side salad he bought from Wendy's. Let's take a closer look at Jason's story and the legal battle that fol..

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Demystifying the Burden of Proof in Indian Criminal Cases

The Burden of Proof Needed to Establish a Crime In India Unlike civil cases, where the burden of proof rests on a balance of probabilities, criminal cases require proof beyond a reasonable doubt. The prosecution carries this onus to establish the accused's guilt beyond any certainty. However, as we navigate this legal labyrinth, it becomes apparent that the burden of proof is no..

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Exploring Grave And Sudden Provocation Under The Indian Penal Code 1860

Key Takeaways Grave provocation can manifest in various forms, including physical violence, extreme verbal abuse, or witnessing an unlawful act of a heinous nature Offence of house-breaking under Section 445 involves unlawfully entering or remaining in any building, tent, or vessel with the intention to commit an offence.  While house breaking pert..

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Unsoundness Of Mind As A Defence From Criminal Liability

KEY TAKEAWAYS The origins of the “Insanity defence” trace back centuries, with legal precedents such as “The McNaughten Rule of 1843” in England.  Section 84 of the Indian Penal Code (IPC) establishes the insanity defence, affirming that if a person, due to a mental unsoundness, cannot comprehend the nature or..

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Land Acquisition: Insights Into Uttar Pradesh’s Urban Planning And Development Act Of 1973

Key Takeaways Uttar Pradesh Urban Planning and Development Act is a comprehensive process designed to balance the interests of urban development with the rights and welfare of affected individuals.  It mandates the issuance of notifications, outlines provisions for negotiation and settlement of compensation and emphasises fair and just compensa..

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Understanding Paid Menstrual Leaves: Insights And Implications For India

KEY TAKEAWAYS: Menstruation benefit bill Women sexual reproductive and menstrual right bill Right to menstrual hygiene and paid leave bill Parliamentary debate and Supreme Court’s opinion Critical and comparative Analysis of Paid Menstrual Leave INTRODUCTION: A workplace policy that acknowledges ..

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Basic Understanding Of Labor Laws In India From A Layman’s Point Of View

INTRODUCTION Labor law, also known as employment law, is a vast body of laws, administrative regulations and legal precedents which focus upon the legal rights, restrictions on working people and their organization.  Labor laws mediate various aspects of pre-existing relationships between trade unions, employees, and employers. Labor laws are significant for providing..

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The Doctrine of Frustration (Indian Contract Act, 1872)

KEY TAKEAWAYS The Doctrine of Frustration is rooted in the legal principle summarized by the Latin maxim “Les Non-Cogit Ad Impossibilia”, which asserts that the law cannot compel individuals to perform impossible tasks. This principle acknowledges the limitations imposed by external circumstances beyond the parties' control.  The Indian Contra..

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The High Court’s Revisionary Power: Scope And Implications

KEY TAKEAWAYS Section 397 - 401 of the Code of Criminal Procedure (CrPC) grants both the ‘Sessions and High Court’ concurrent powers for revision.  Section 115 of the Code of Civil Procedure (CPC) grants the High Court the power of revision in civil matters, allowing it to oversee and correct decisions made by subordinate courts.  ..

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Shield Turned Weapon: Decoding Misuse Of Sec 498a Ipc

INTRODUCTION Section 498A of the Indian Penal Code, 1860, a legal provision instituted in the year 1983, serves as a bulwark of protection for marries women, shielding them from the malicious acts of cruelty perpetrated by their husband or his kin. It was  enacted, along with Section 304B (on dowry deaths), to combat the rising threat of dowry-related violence against married w..

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