IntroductionEvolved from the landmark case of ASHOK HURRA CASE to the appropriate usability ofNIRBHAYA CASE. This curative petition has rendered and proved that now judiciary willnot leave no stone unturned to give correct and proper and unbiased justice to thepetitioner.The word “curative petition” means the petition filed by the petitioner to cure theerroneous decision passed…
View detailsIntroductionOrder 33 deals with suits by indigent persons. Order 44 deals with appeals by indigentpersons. The provisions of Order 33 are intended to enable indigent persons to institute andprosecute suits without payment of any court fees. Generally, a plaintiff suing in a court oflaw is bound to pay court fees prescribed under the Court Fees…
View detailsINTRODUCTION International Law has always been a controversial area as to whether it can be considered as a law or not. Different scholars and philosophers have distinct perspectives and theories on international law. Some prominent thinkers such as Thomas Hobbes and Jeremy Bentham believe that since international law is not binding and enforceable, therefore, it…
View detailsHow will the administration deal with people assigned as unlawful migrants? They will confront arraignment, extradition and detainment. Confinement focuses are being worked at a few areas across India to house these unlawful travellers likely including those Muslim Indians who don’t fit the bill for the NRC. In light of the absence of removal concurrences…
View detailsMarital Rape, a rape that is not commonly discussed. The kind of rape that the IPC also does not include. Section 375 of the IPC states that rape is some form of forced or non-consensual intercourse with a woman. But exception 2 of the IPC states that “a man’s sexual intercourse or sexual acts with his…
View detailsIntroduction Duty Entitlement Passbook Scheme (DEPB) is an export incentive scheme implemented by the Indian Government to the exporters of the country. The scheme refunds duties that are paid by the exporters in the form of credit. This scheme came into force on 01.04.1997, had both pre-export and post-export DEPB of which, the latter was…
View detailsAn appeal was preferred against the judgment and order dated 7.1.2020, passed by the learned Additional Sessions Judge, under Section 302 IPC, whereby the appelant was convicted and sentenced for the offence under Section 302 IPC for life imprisonment with a fine of Rs.60,000/-. First information report of this case was registered by complainant, father…
View detailsThere were two appeals against the same judgement by different accused persons. Hence, both the appeals were being decided together. Appellants Santosh Bind Alias Kallu and Vikash Keshri had challenged the judgement and order dated 20.07.2013 passed by learned Additional Sessions Judge, under Sections 363/149, 366/149, 376(G)/149, 506 and 368 IPC, whereby accused/appellant in both…
View detailsThe Supreme Court laid down certain basic “requirements” to be followed in allcases of arrest or detention till legal provisions are made in that behalf as a measureto prevent custodial violence. The requirements read as follows: : The police personnel carrying out the arrest and handling the interrogation of thearrestee would bear accurate, visible and…
View detailsI Overview :- Criminal law is a body of rules and statutes that defines conduct prohibited by the state because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal law differs from civil law, whose emphasis is more on dispute resolution than…
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