Criminal Conspiracy- How Acquittal of one affect the punishment of others?
Criminal conspiracy has been defined in section 120-A of the Indian Penal Code: – “When two or more persons agree to do or cause to be done (i) an illegal…
Supreme Court Clarifies Procedural Requirements Under Section 138 of the NI Act
Introduction: In a pivotal judgment, the Supreme Court of India has reinstated criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), reversing an order of the…
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…
“Balancing Justice and Compromise: Key Takeaways from the Supreme Court’s Verdict in Ramji Lal Bairwa”
Analysis of Supreme Court Judgment in Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors. Introduction The Supreme Court of India, in its judgment in Criminal Appeal No.…
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…