Scope of Adducing Additional Evidence at Appellate Stage
The general principle is that appellate courts should not travel beyond the record of the lower court and cannot take any evidence in appeal. However, as an exception, Section 107(d) read with Order XLI rule 27 of Code of Civil Procedure, 1908(hereinafter referred as the Code) enables the appellate court to take additional evidence in […]
BNSS and CrPC : Changes in Medical Examination of victim and accused*
Mr. Vaibhav is a LLB(Hons.) 1st Year student at Banaras Hindu University (BHU). Abstract This paper compares the rules for medical examinations of victims and accused in criminal cases under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), with the older Code of Criminal Procedure, 1973 (CrPC). It also looks at how the Bharatiya Sakshya Adhiniyam, […]
The Doctrine of Lis Pendens under Section 52 of the Transfer of Property Act, 1882
Introduction Lis pendens is a Latin term signifying “pending litigation,” which stands as a fundamental principle in property law. Rooted in the legal maxim “pendente lite nihil innovetur“, which translates to “nothing new should be introduced during the pendency of litigation,” this doctrine plays a crucial role in regulating property transactions during ongoing legal disputes. […]
Recovery of property under the Specific Relief Act, 1963
Introduction Specific Relief Act, 1963 acknowledges that in various scenarios, especially those involving immovable property or unique movable items, the payment of damages falls short of providing adequate redress to the aggrieved party or upholding their fundamental civil right. Recognizing the limitation of Indian Contract Act, 1872 which primarily focuses on compensatory relief for breach […]
Analysis of Sedition Laws: Emergence and Contemporary Developements
Table of Contents Introduction to Sedition laws Sedition refers to act which excites disaffection or rebellion activities against the government established by law. Though the modus operandi for doing the same is not specific, thus any act which contempt the established government or excites insurrection is a fit case for prosecution under sedition law. Although […]
Injunctions in Indian Law: A Detailed Analysis
Introduction An injunction stands as a discretionary power vested in the courts to grant preventive relief. This equitable remedy entails a judicial order directing a party either to refrain from performing a specific act or to execute a particular action. The primary objective of an injunction is to uphold and safeguard the rights of the […]
Ballistics as Forensic Evidence: A Comprehensive Study
This comprehensive study is presented by Shri Ashish Kumar, LLB (BHU) Chapter I: Introduction Expert Evidence and Rationale of its Relevance Generally, in a court of law, a witness must only state facts seen, heard or perceived by them and not inferences or opinions drawn by them from the facts. However the Expert opinion is […]
Ease of access to Justice: Doctrine of Legitmate Expectation
The law can be classified into two broad categories: private law and public law. The domain of private law is the interplay of legal concepts between legal personalities inter se, whereas the domain of public law is the interplay of law between legal personalities and various branches of The State. As per Black’s law dictionary […]
क्या वाहनचालकों को 10 वर्ष जेल और 10 लाख जुर्माना सच में होगा? जानिए वास्तविक प्रावधान!
कुछ समय से एक नया आंदोलन देखने को मिल रहा है जहां IPC के स्थान पर प्रस्तावित BNS (भारतीय न्याय संहिता) के एक प्रावधान गृह मंत्री अमित शाह के एक वक्तव्य के पश्चात विवाद अधिक बढ़ गया है, जहां लोगों को आपत्ति इस बात पर है कि वाहन चालकों द्वारा दुर्घटना होने की स्तिथि में […]
The Citizenship (Amendment) Act, 2019 : Everything that you need to know
On March 11, 2024, the Central Government by virtue of the powers conferred by section 18 of The Citizenship Act, 1955 notified the rules which set the The Citizenship (Amendment) Act, 2019 in action. These rules are known as The Citizenship (Amendment) Rules, 2024 and the rules came into force on the same day.