Inherent Powers of the Court- CPC & CrPC

INHERENT POWERS OF THE COURT

INTRODUCTION The Inherent Powers of the Court are in addition to the powers specifically conferred on the Court by the code. The sense of ‘inherent’ is a permanent, absolute, inseparable, necessary or characteristic feature that resides in something. Inherent Power of the Courts is those powers that the court can apply to execute full and […]

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FAIR TRIAL AND ITS PRINCIPLES

FAIR TRIAL AND ITS PRINCIPLES

INTRODUCTION It is a norm of international human rights basically which is adopted by many countries as follows- U.S.A, Canada, U.K in its procedural laws and India adopted by the help of Constitution of India and also with the help of Criminal Procedure Code (CRPC) 1973. Articles 14 and 21 of the Indian constitution which […]

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TRIAL AND TYPES OF TRIAL

TRIAL AND TYPES OF TRIAL

INTRODUCTION During the colonization, Britishers establish the system of law and order in India most important criminal procedure. According to the criminal procedure code, 1973, there are some trials which are very important in the field of law. Without these trials, Indian judiciary cannot function in its prime position. WHAT IS TRIAL? The general meaning […]

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MAINTENANCE UNDER MUSLIM LAW

MAINTENANCE UNDER MUSLIM LAW

INTRODUCTION– The concept of Maintenance get introduced in Muslim as well as other secular law to provide divorced women a right to live their lives with dignity; it empowers the financially weaker women who do not have any financial support with them to get their livelihood from their former husbands with the help of this […]

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Rarest of Rare Doctrine

Rarest of Rare Doctrine under Indian Law

Introduction There are no rules-given statements of uncommon, strange, of the most value of uncommon. In a Criminal Trial, the nature and serious air of the crime are taken into a point to be taken into account for working out the right punishment. The Court shall be thought to have failed in firing, letting off […]

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ADULTERY

ADULTERY under Indian Penal Code

ADULTERY On 27 September, 2018 the Supreme Court of India had announced it’s another major verdict by decriminalising adultery aimed at upholding the right of life and freedom just a few days after the judgement on Section-377. The judgement was given by 5 judge bench headed by Chief Justice of India Dipak Mishra where he […]

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ICFAI

ICFAI Webinar on Criminal Justice System and Police Administration During COVID-19 [July 25, 4-6 PM]: Register Now!

About the Institute ICFAI Law School is a constituent unit of The ICFAI Foundation for Higher Education, Hyderabad, a Deemed University established under Section 3 of UGC Act, 1956 and accredited by the UGC NAAC with “A” Grade. The ICFAI Law School, with excellent and continuous teaching and learning process, student-centric and industry-friendly dynamic curriculum […]

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DOCTRINE OF ESTOPPEL

DOCTRINE OF ESTOPPEL

INTRODUCTION– DOCTRINE OF ESTOPPEL- Doctrine (Principle) + Estoppel (to stop) = Principle of preventing peoples from going back. “Estoppel is when one is concluded and forbidden in law to speak against his act.” [1] so that other people need not suffer because of the misrepresentation of another person. Also “An estoppel is not a cause of action- […]

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DYING DECLARATION

DYING DECLARATION

INTRODUCTION– The term “dying declaration” is itself explaining its meaning as- some declaration by died man, under legal context it represents as an oral or verbal statement from the dying man who is declaring the reasons of death, it came into the ambit of evidence under the Law of evidence because there is a belief […]

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PROCEDURE FOR MAINTENANCE OF WIFE and CHILD

PROCEDURE FOR MAINTENANCE OF WIFE and CHILD

INTRODUCTION- The maintenance for wife and child is a substantive right mentioned under procedural law upon which a whole chapter is devoted to the Code of criminal procedure as chapter IX, from Section 125 to 128. This right is introduced in our system to maintain the women and children as it is the ethics of our society, […]

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commutation

DIFFERENCE BETWEEN EXECUTION, SUSPENSION, REMISSION, AND COMMUTATION OF SENTENCES

INTRODUCTION-  The concept of pardon is coming hand in hand with the concept of punishment from centuries in India which is as-usual in progress with the current governance system, its inspiration gets derived from the monarchs, kings, and rulers who were there to control their subjects through punishments and pardons,[1]so as we are a sovereign […]

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section 199

Section 199(2) of the CrPC

Section 199(2) of the CrPC- In a landmark decision the High Court of Madras, on May 21, 2020, in the case of N Ram v State of Tamil Nadu[1], quashed 28 complaints of criminal defamation against several editors and journalists. The complaints were lodged in 2012 overs reports against the then Chief Minister of the […]

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