BLOGS

Mitakshara School of Law

The Hindu branch of dharma is influenced by the theological tenets of the Vedic Aryans. What is not modified or ...

The Concept of Criminal Jurisprudence under Criminal Jurisprudence

Under our criminal jurisprudence, the court ordinarily is not privy to the evidence collected during the investigation by the investigation ...

The Examination of Eye-Witness- The Points to be considered according to Supreme Court

The Court meticulously examines the evidence in a case, and in case of the examination of the witnesses, certain points ...

Are Relatives ‘Interested Evidence’?

In criminal cases, it is often the case that the offence is witnessed by a close relative of the victim, ...

Evidentiary Value of Hostile Witnesses

Merely because the witnesses turn hostile does not necessarily mean that their evidence has to be thrown out entirely and ...

The Points considered by the court while granting divorce under Cruelty ground

Section (1)(i-a) of the Hindu Marriage Act, enacted by Act No. 68 of 1976 with effect from 25th May 1976, ...

Supreme Court’s Power under Article 142 to grant divorce in mutual consent cases

Exercise of jurisdiction under Article (1) of the Constitution of India by Supreme Court in such cases is clearly permissible ...

Procedure under Section 13(b) for Divorce by Mutual Consent

Hindu marriage is traditionally considered to be a sacred union; a devout relationship that lasts till eternity. The Hindu Marriage ...

The Interpretation of ‘Doing Complete Justice’ under Article 142 as done by Supreme Court

Article 142 of the Constitution grants the power to the Supreme Court of India to do complete justice in any ...

The distinction of Powers of the Court under Article 142 of Constitution, Section 151 of CPC and Section 482 of CrPC

The Constitutional power is exercisable by Supreme Court under Article (1) of the Constitution of India, and the inherent power ...

What the Court has to consider while allowing withdrawal of Prosecution under Section 321

Section 321 of CrPC grants the power to Public Prosecutor and Assistant Public Prosecutor to withdraw prosecution against a person ...

The Grounds on which the Public Prosecutor apply for withdrawal under Section 321

Section 321 of the CrPC grants the power to the Public Prosecutor and Assistant Public Prosecutor to withdraw prosecution against ...

The Extent of the powers of the Public Prosecutor of withdrawing the Prosecution under Section 321 of CrPC

[addtonay] Section 321 of CrPC grants the power to Public Prosecutor and Assistant Public Prosecutor to withdraw the prosecution against ...

The Police or Public Prosecutor do not have unfettered Power to withdraw Prosecution

Section 321 of CrPC gives the power to Public Prosecutor and Assistant Public Prosecutor to withdraw the prosecution against a ...

Death penalty not to be imposed on a person suffering from any form of mental disorder

India is a member of the United Nations and has ratified the International Covenant on Civil and Political Rights (ICCPR) ...

 Article 21 for the Convicts

The right to life is the most fundamental of all rights. The right to life, as guaranteed under Article of ...

The Extent of Pardoning Powers of President and Governor

The power of the executive to grant pardon under Article 72/161 is a Constitutional power and the Court, on numerous ...

The Rationale of Pardoning Powers of President and Governor under Article 72 and 161

Both Articles 72 and 161 repose the power of the people in the highest dignitaries, i.e., the President or the ...

Pardoning Powers- Article 72 and Article 161 of the Constitution

It is apposite to refer the relevant Articles which give power to the President of India and the Governor to ...

The Principle of Construction in Contracts

The question of construction may manifest itself in two totally different ways. In one class of cases the question may ...