Order XLI Rule 27 C.P.C.- In Brief
The general principle is that the Appellate Court should not travel outside the record of the lower court and cannot take any evidence in appeal. However, as an exception, Order…
Order XII CPC- In Brief
Order XII CPC deals with admission of the case, admission of the documents and judgment on admissions. Rule 1 thereof provides that a party to a suit may give notice…
Presumption under Section 114(g) of the Evidence Act
Generally, it is the duty of the party to lead the best evidence in his possession, which could throw light on the issue in controversy and in case such material…
Balancing Liberty and Justice: Judicial Parameters on Bail, Cancellation, and Speedy Trials
There is a vivid distinction between the parameters to be applied while considering a bail application, vis à vis those applicable while deciding a petition for its cancellation. In Puran…
Order 21 Rule 2 of CPC- In Brief
For proper appreciation, Order 21 Rule 2 of CPC is extracted hereunder: – “2. Payment out of Court to decree holder: – (1) Where any money payable under a decree…
Section 28 of Specific Relief Act- In Brief
For proper appreciation, Section 28 is reproduced hereunder: “28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been…
Vested and Contingent Interests: Key Provisions Under Transfer of Property Act and Indian Succession Act
Vested and Contingent Interest An interest is said to be a vested interest when there is immediate right of present enjoyment or a present right for future enjoyment. An interest…
Section 364A- Historical Background of Provision on Kidnapping for Ransom
Before discussing further Section 364A, it is relevant to mention what 364A talks about. Section 364A of IPC states as follows- 364A. Kidnapping for ransom, etc.— “Whoever kidnaps or abducts…
Curative Petition Jurisdiction of Supreme Court
The creation of curative jurisdiction by Supreme Court is based on the Constitution Bench judgment in Rupa Ashok Hurra vs. Ashok Hurra, 2002 (4) SCC 388. Prior to the said…
Offence of criminal conspiracy under section 120A
Agreement, concert or league The offence of criminal conspiracy under section 120A is a distinct offence introduced for the first time in 1913 in Chapter VA of the Penal Code.…