The principle of lost grant
The principle of lost grant is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of…
Circumstances in which a civil suit can be dismissed without trial under CrPC
Code of Civil Procedure is nothing but an exhaustive compilation- cum-enumeration of the principles of natural justice with reference to a proceeding in a court of law. The entire object…
What is Res Judicata and Constructive Res Judicata? – Explained in Brief
Res judicata means ‘a thing adjudicated’ that is an issue that is finally settled by judicial decision. The Code deals with res judicata in section 11, relevant portion of which…
Can a Father Claim maintenance from her Daughter?- Legal Position
In the case of ‘Dr. Vijya Manohar Arbat v. Kashi Rao Raja Ram Swami (1987)’, the question came before the Supreme Court for consideration whether father is entitled to claim…
Identity of Sexual Offence victim will not be disclosed even in Judgement- Legal Position
Sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme…
Power of Appellate Court to set aside the acquittal of accused- Legal Position
As to powers of the appellate court Supreme Court in Sanwat Singh & Ors. v. State of Rajasthan (1961) 3. S.C.R. 120 laid down three principles. First, the appellate court…
Section 167- Provision, Legislative History, and Analysis
Section 167 Section 167 Cr. P.C. 1973 after some changes reads as under: “167. Procedure when investigation cannot be completed in twenty-four hours.- (1) Whenever any person is arrested and…
Taking of Cognizance under Sections 190 And 193 of CrPC
Section 190 and Section 193 “190. Cognizance of offences by Magistrates. – (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of…
Supreme Court’s Direction to Prohibit Smoking at public places
In the case of ‘Murli S. deora v. Union of India (2001)’, a petition came before the Supreme Court to prohibit smoking in public places. In the petition, it was…
Sufficiency of the circumstantial evidence for sustaining criminal conviction
The legal position with respect to the sufficiency of the circumstantial evidence for sustaining criminal conviction is well settled. The circumstances established on the record according to the law of…