Nature of an Equitable Mortgage
Under the English Law, the two primary ways for creating an ‘equitable mortgage’ is either (i) by deposit of the original title deeds to the subject property with the lender…
The Concept and Origin of Equitable Mortgage
Under the English Law, broadly there are two kinds of mortgages; (i) a legal mortgage and (ii) an equitable mortgage. A ‘legal mortgage’ entails creation of a charge by way…
Are GPA Sales Valid? – The Suraj Lamp Case
In Suraj Lamp & Industries Pvt.Ltd. v. State of Haryana & Anr. – 2009 (7) SCC 363], The Supreme Court had referred to the ill – effects of what is…
Re-Trial- Section 386 of CrPC, 1973
Section 386 of the CrPC, 1973 “386. Powers of the Appellate Court .-After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor…
Emerging need for a distinct Sentencing Policy in India
The 47th Report of the Law Commission of India , Report by the Committee on Reforms of Criminal Justice, Chaired by Dr. Justice V.S. Malimath, (2003), Report by the Committee…
Ashburner’s Principles of Equity
The two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters.
Sentencing under CrPC, 1973
“If the criminal law as a whole is the Cinderella of jurisprudence, then the law of sentencing is Cinderella’s illegitimate baby” Nigel Walker.British criminologistSentencing in a Rational Society 1 (1969)…
Elements of Fair Trial- Entering upon Defence by the accused
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial – Framing of Charges and Fixing dates for Examination of Witnesses under CrPC, 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial- Discharge under CrPC 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…