Meaning of jurisdiction Jurisdiction is defined as the ceiling of judicial authority or stage to which a court of law can exercise its authority over suits, cases, appeals, plaints etc. A 1921 Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram Chandra Barna Sarma sought to explain the meaning of the…
Introduction The proper understanding of Civil Procedure Code, 1908 and more specifically about the functioning of the courts is incomplete without comprehending the difference between the legal terminologies of Order, Decree, and judgement. Order “Order” in legal parlance is any formal expression of a civil court’s decision that is not a decree. Hence, the adjudication…
Introduction– The Code of Civil Procedure laid down the doctrine of res judicata which enact that once a matter is finally decided by a competent court, no party can be permitted to reopen it in a subsequent litigation. In the absence of such rule there will be no end of litigation and parties would be…
Custodial death in police stations, seems to be very commonplace these days. According to the recent data, custodial deaths are increasing day by day which led to the violation of human rights also. And recently CJI NV Ramana said that threat to human rights is highest in police stations. So various steps should be taken…
INTRODUCTION The examination of witnesses is an integral part of the criminal trial. Witness testimonies are of the most reliable evidence because the person giving the statements has personally witnessed the event happen. A witness is said to be competent when there is nothing in law to prevent him from appearing in the court and…
India is a unique country not only in terms of geography but also in terms of its social scenario. It is also a land of various cultures and different religions. The Indian culture believes in Unity in Diversity but unfortunately this Unity in Diversity has not helped to bring political unity in India. Family law…
Introduction For the purpose of administration of justice among the parties every court is deemed toposses all such powers as it is necessary to do complete justice to the parties concerned. Aninjunction is a judicial process whereby a party is required to do, or to refrain from doing,any particular act. It is a remedy in…
INTRODUCTION Human Judgement is not infallible. Errors cannot be ruled out despite taking all provisions for ensuring fair trial and just decision. The Code of Civil Procedure and The Code of Criminal Procedure therefore provide for “Appeals”, “Revision”, “Reference”, “Review” ( Specifically provided in Civil cases). The very fact that the decision of lower court…
Independence of Judiciary means independence from Executive and Legislature, but not independence from accountability. – Prashant Bhushan The Judicial system works independently however its judges’ are appointed by the President. He acts on the advice of the council of ministers and Article 124(2) of our Constitution mandates the President to appoint judges after consulting with…
Definition: Article 44 of the Indian Constitution provides the Directive Principle of State Policy of Uniform Civil Code. It says that the State should take steps to implement a uniform civil code that would apply to every citizen of India. Introduction: India is the world’s largest democratic country with a population of more than 135 Crores people which usually…
