Tag «law notes»

Proved and Disproved Under Indian Evidence Act

proved-under-evidence-act

Section 3 of the Indian Evidence Act, 1872 defines the term ‘Proved’, ‘Disproved’ and ‘Not proved’. Proved According to Section 3- “A fact is said to be proved when, after considering the matters before it, the court either believes it to under the circumstances of the particular case, to act upon the supposition that it …

Evidence and Types of Evidence Under Evidence Law

evidence-law

Define ‘Evidence’. What are the different kinds of Evidence under Evidence Law? Evidence has an important place in the Administration of Justice. The court reaches a conclusion on the basis of evidence. It is impossible to solve any matter in the absence of evidence. It determines the truth. Dharamshastras have also discussed the importance of …

Pakala Narayana Swami vs Emperor

section-32-under-the-indian-evidence-act

Introduction: This matter is related to Section 32 under the Indian Evidence Act and Section 162 of the code of Criminal procedures, 1898. There were mainly two points of consideration before the Privy Council. Relation of the dying declaration with the incident and, previous circumstances, and Importance of confession before police, made during the investigation. …

Costs and Kinds of Costs

costs

What are Costs? When in doubt, to grant costs is at the watchfulness of the court. In common procedures, “costs will follow the occasion.” Kinds of Costs The code accommodates the accompanying sorts of costs: General costs- Section 35. Miscellaneous costs- Order 20-A. Compensatory costs for bogus and vexatious cases or protections Section 35A. Costs …

Trial Before Court of Session Under CRPC

trial-before-court

Section 225- Trial to be conducted by Public Prosecutor. In Court of Session shall be conducted by Public Prosecutor. Section 226- The opening case for the prosecution. When accused appears or brought after commitment U/S. 209, the prosecutor shall open his case by describing the charge and by giving evidence by which he proposes to …

Easement and Its Elements

Man is a social animal. He expects help and co-operation from each person of the society. He has a wish that no person should interfere in his property and rights relating to property subjects. With this concept, the easement has originated. It allows permission and right to the beneficial enjoyment of the property of its …

Important Terms Under Civil Law Procedure

terms-under-civil-law-procedure

  Affidavit:- An affidavit is a declaration of facts, reduced to writing and affirmed or sworn before an officer having authority to administrate oaths. It should be drawn up in the first person and contains statements and not inferences. Appeal:– The expression Appeal may be defined as “the judicial examination of the decision made by …

Temporary Injunction and Interlocutory Orders

TEMPORARY-INJUNCTION-AND-INTERLOCUTORY-ORDERS

The injunction is such judicial proceedings whereby the order is passed and given to any party for doing or not doing any act. (T.I. is the purely discretionary power of the court. It was exercised according to the established judicial principles and judicially.) Types of the injunction: Prohibitory injunction Mandatory injunction Temporary injunction Perpetual injunction …

Arbitration Tribunals Under ADR

arbitration-tribunals

The provisions regarding the appointment of Arbitration and Conciliation Act 1996, Arbitration Tribunals was composed. Arbitral challenge an Arbitrator is such a person who solves the dispute submitted to Arbitrator. Hence, the Arbitrator is an important person for the application of Arbitration and Conciliation Act 1966. He is called the base of Arbitration. Arbitration Tribunals …

Information to the Police and Their Powers

information-to-the-police

SECTION 154:- INFORMATION IN COGNIZABLE CASES (FIR) Information relating to commission of cognizable offence if given really orally to SHO shall be reduced to writing by him or under his direction and be read over to the information & signed by the informant and substance shall be entered in book to be kept by such …