Examination of Witnesses Meaning and Concept The examination of witnesses refers to the process by which witnesses are questioned in court to establish facts and assist the court in arriving at a just decision. It plays a vital role in both civil and criminal trials. Number of Witnesses The law does not require any fixed […]
Revision Meaning of Revision Revision refers to the power of a superior court to examine the correctness, legality or propriety of any order passed by a subordinate court. Statutory Provision Section 115 of the Code of Civil Procedure, 1908 provides for revision and empowers the High Court to exercise revisional jurisdiction in appropriate cases. Nature
Doctrine of Constructive Notice Meaning The Memorandum of Association (MOA) and Articles of Association (AOA) are Public documents and are easily available for inspection of public at the office of Registrar of Companies. Under the doctrine of constructive notice, it is presumed that, the person dealing with a company has read these documents even if
Doctrine of Election Statutory Provision Section 35 of the Transfer of Property Act, 1882 lays down the Doctrine of Election. Meaning The term Election means to select between two alternative or inconsistent rights. Section 35 provides that, when a person who is a stranger to the property or having no authority over the property transfers
Bars to Matrimonial Reliefs Statutory Provision Section 23 of the Hindu Marriage Act, 1955 only provides the list of grounds/bars to matrimonial reliefs. There are mainly eight bars to matrimonial remedies. They are as follows – Doctrine of Strict Proof The Court cannot merely pass a decree on the basis of admission of the Petition
Award, Jurisdiction and Powers of the Lok-Adalat Award Section 21 of the Legal Services Authorities Act, 1987 deals with Award of Lok Adalat. The Lok-Adalat is empowered to pass an Award for a dispute which is referred to it for determination. It may be noted that, every Award passed by the Lok Adalat shall be
Establishment of Various Homes under the Juvenile Justice Act Statutory Provision The Juvenile Justice (Care and Protection of Children) Act, 2015 is the legislation established for juvenile justice in India. It consolidates and amends the law relating to children in conflict with law and children in need of care and protection. This Act deals with
Plea Bargaining Plea Bargaining is a process in which the accused and the prosecution enter into a negotiation before trial, whereby the accused voluntarily agrees to plead guilty in exchange for certain concessions such as reduction of sentence or withdrawal of charges. It helps in avoiding prolonged trial and ensures speedy disposal of cases. Plea
Reference Meaning of Reference Reference refers to a procedure whereby a subordinate court seeks the opinion of the High Court on a question of law arising in a case. Statutory Provision Section 113 of the Code of Civil Procedure, 1908 provides for reference. The procedure relating to reference is governed by Order XLVI of the
Doctrine of Pious Obligation Meaning Under the Hindu Law, debt is considered to be the sin. The ancient Doctrine of Pious Obligation was governed by the Smriti Law. Pious obligation is the moral liability of the sons, grandsons and great-grandsons to pay or discharge the debts of father/ grandfather/great grandfather. Extent of Liability Extent of