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Articles and Opinions

17
NOV
2022

Foreign Court Decree of Divorce, Its Competency & Validity in India with Analysis of Concept of Matrimonial Property

Marriages are settled in heaven, and they are performed on earth. Happy couples are all alike, every unhappy couple is unhappy in its own way. That unhappiness often finds its painful way into a courtroom. Whether and where a marriage can be dissolved is a matter in the domain of...
28
SEP
2022

Proclaimed Offender

When the criminal law is set into motion against the accused, then the accused has to appear before the investigating officer or before the Illaqa magistrate. Court itself or on the request of the investigating officer may issue warrant of arrest, when the accused do not appear...
23
SEP
2022

Overview of Rent Laws

Purpose of the Rent Act: The East Punjab Rent Restrictions Act 1949 is a complete legislation in itself which lays down complete procedure for adjudication of disputes between landlords and tenant and provides for classification of buildings as residential, non residential,...
05
AUG
2022

An Ode to Lawyering

After passing out, in early 1980s, from awesome campus of Mahindra College Patiala, on completion of my graduation in English Literature, I thought, joining M.A. (English) was the only and the most natural way to go forward, not only because I thought it was my natural calling...
05
AUG
2022

Hindu Women’s Right To Property Act, 1937 : A Path Not So Paved

“He, who has a why to live for, can bear with almost any how.”    Friedrich Nietzsche The Constitution of India grants rights to every Indian citizen, especially in the shape of fundamental rights, irrespective of his caste, creed, gender, and...
04
JUL
2022

A Critical Analysis Of Bailable And Non-Baliable Offences

The concept of bail can be traced back to 399 BC, when Plato tried to create a bond for the release of Socrates. The modern bail system evolved from a series of laws originating in the middle ages in England. In the Magna Carta, in 1215, the first step was taken in granting...
10
JUN
2022

Fair Trial

Introduction to Principles of Fair Trial: There are two systems of Criminal Trial, they are 1. Inquisitorial 2. Adversarial system or adversary system. In Inquisitorial System the Judicial Investigation or enquiry by the Judge where the Public are excluded. This type of system is...
09
JUN
2022

Intervention of third Parties Including Defacto Complainant in Criminal Proceedings

Discussion over the Legality of Intervention by a third party in a Criminal Proceedings has drastically changed over a time. That traditionally No Stranger has a right to intervene in the criminal proceedings in “Thakur Ram v. State of Bihar” cited in AIR 1966 SC 911...
08
JUN
2022

Judicial Remand And Police Custody

INTRODUCTION: I. Article 22(2) of the Constitution of India: That according to Article 22(2) of the Constitution of India that any person arrested & detained in Custody must be produced before the nearest Magistrate within 24 hrs without the authority of Magistrate similarly...
06
JUN
2022

Covid-19 Pandemic in India and the Remedial/Protective Steps Taken by Judiciary

This article is relating to various steps taken by judiciary when corona virus has spread all over the world and many deaths have taken place in India due to lack of facilities created by Government. The world has witnessed serious blow in all walks of life due to Covid-19...
28
MAY
2022

Jail – Bail

“Liberty of a person is foremost important & paramount; Personal Liberty is the paramount essential to human dignity and human happiness the Constitution of India protects the Life and Liberty of an individual. The personal Liberty of a person not merely the right to...
27
MAY
2022

Analysis of Criminal Jurisprudence

It’s all very well to paint justice blind, but she does better without a bandage round her eyes. She should be blind indeed to favour or prejudice, but clear to see which way lies the truth. Satyameva Jayate (Literally: “Truth Stands Invincible“) is a mantra...
26
MAY
2022

What Is Judiciary?

Q.1 WHAT IS JUDICIARY? Judiciary, branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations. Conflicts brought before the judiciary are embodied in cases involving litigants, who may be individuals,...
24
MAY
2022

Marital Rape: Marriage Or Rape; Legal Or Illegal?

1. Section 40 of the Indian Penal Code, 1860 (the IPC or the Code) defines “offence“. It provides that, “except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this...
14
MAY
2022

Legal And Functional Perspective of Primary Evidence

It is a cumbersome task to classify the documents into various categories. The wisdom of the legislature in the year 1872 has to be appreciated in this regard. Not only the classification of documents into different categories have been made but it is equally a tedious task to...
30
APR
2022

Sedition

SECTION 124A IPC : The Most Politically Powerful Section? Sedition law was evolved during the British times to suppress and subdue the voice and also imprison the freedom fighters who were criticizing the policies of the British Empire. The law of sedition was first introduced in...