Bail or Jail?- An analysis by Justice Krishna Iyer
“Bail or jail?”- at the pre-trial or post- conviction stage-belongs to the blurred area of the criminal justice system and largely binges on the hunch of the bench, otherwise called…
Arrest- Need of balance between individual and collective rights and requirements before arrest
The law of arrest is one of balancing individual rights, liberties and privileges, on the one hand, and individual duties, obligations and responsibilities on the other; of weighing and balancing…
K.N.Mehra v. State of Rajhasthan, (1957)- An extraordinary case of aircraft theft
Facts of the case Mehra and Phillips were cadets on training in the Indian Air Force Academy, Jodhpur. The prosecution was with reference to an incident which is rather extraordinary…
The origin of the writ of the Habeas Corpus
The writ of the ‘Habeas Corpus’ means the production of the body before the court. It is a remedy to enforce the fundamental rights, given under third part of Indian…
Kanu Sanyal vs District Magistrate Darjeeling (1973)- A case on Habeas Corpus
The question that arose in this petition under Article 32 of the Constitution was whether the production of the body of the person alleged to be unlawfully detained is essential…
The determination of degree of care in Tort case
Degree of care is not a phrase with static connotation. Its meaning would depend on given fact situation- the person who owes a duty to take care, the person whose…
The doctrine of res ipsa loquitur- the thing speaks for itself
The doctrine of res ipsa loquitur, means the thing speaks for itself. Under the doctrine of res ipsa loquitur a plaintiff establishes a prima facie case of negligence where, (I)…
The calculation of compensation in Tort Case
Personal injury may cause non-pecuniary as well as pecuniary loss to the plaintiff. Non-pecuniary loss includes damages on the heads of, (i) pain and suffering; (ii) loss of amenities and…
Klaus Mittelbachert v. East India Hotels Ltd. (1997)- The case of Negligence
Facts of the case Klaus Mittelbachert, a German national born, was a co-pilot in Lufthansa. He landed at Delhi and was scheduled to continue the flight to Frankfurt. For the…
FIR book and General Diary- Meaning, History and Differences
The First Information Report is in fact the information that is received first in point of time, which is either given in writing or is reduced to writing. It is…