Classes of Criminal Courts and their Powers
S. 2(g) of the Code defines the expression ‘inquiry‘ as meaning “every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.” Chapter II of the…
Does a judge have jurisdiction to pass an order when he is working in the commission of enquiry?
The question was raised in the case of ‘Alok Kumar Roy v. Dr. S.N. Sarma, (1967)’. An appeal was preferred before Supreme Court by special leave and it was urged…
If the judges say in their judgment that something was done, said or admitted before them, it can’t be contradicted before upper court by Pleaders
This was the case of former Chief Minister of A.R. Antulay, who was the Chief Ministers of Maharashtra till 12 Jan, 1982. While he was yet holding the office of…
Judgment Procedure of CPC does not apply to Chartered High Court
Trial of a civil dispute in Court is intended to achieve, according to law and the procedure of the Court, a judicial determination between the contesting parties of the matter…
A person’s conduct in collecting rents and managing estates does not empower him to transfer land
This issue came before the Supreme Court in the case of ‘Balai Chandra Mondal v. Smt. Indurekha Debi (1973)’. Here goes the facts and analysis of the case- What Supreme…
Impact and Effect of Mistake of Fact in an Agreement
‘Contract’ is a bilateral transaction between two or more than two parties. Every contract has to pass through several stages beginning with the stage of negotiation during which the parties…
How investigation is done under CrPC? – A Brief
The Code of Criminal Procedure provides not merely for judicial enquiry into or trial of alleged offences but also for prior investigation thereof. Section 5 of the Code shows that…
Are Departmental Proceedings and Police Investigations Different in Criminal Law?
The standard of proof required in recording a finding of conviction in a criminal case and in a departmental proceeding are distinct and different. Whereas in a criminal case, it…
Can a Mohammedan by means of a Family Settlement relinquish his right of spes successionis?
In the case of ‘Shehammal v. Hasan Khani Rawther (2011)’ Supreme Court had occasion to consider this question. The court had three questions to consider in this case, which are…
Sub Judice- Section 10 of the CPC
Section 10 of the Code which is relevant for the purpose reads as follows: “10. Stay of suit.- No Court shall proceed with the trial of any suit in which…