Apr 24

BAIL

 BAIL SECTION 496 OF Criminal Procedure Code: Bail is composed consent conceding a man accused of a criminal offense to be out of prison while they sit tight for their trial or some other outcome for their situation from a court. Criminal Procedure Code, 1973-Appeal Safeguard which is once conceded can be drop just when […]

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Apr 20

EXPERT EVIDENCE | JUDICIAL NOTICE

EXPERT EVIDENCE SECTION 45 & 46:- Expert evidence is considered to be relevant under the evidence act but not declared to be Conclusive proof. INDIAN EVIDENCE ACT, 1872 SOME OF THE EXPERT EVIDENCE ARE:- a. Forensic Experts; Calligraphy Experts; Serology Experts; AND Explosives Experts etc. Expert Evidence can be given on matters relating to science, […]

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Apr 07

TEST IDENTIFICATION PARADE

TEST IDENTIFICATION PARADE Evidence | Types of Evidence Test Identification Parade of persons is relevant under the Section 9 of Indian Evidence Act. Facts introducing a facts-in-issue or relevant facts. Facts explaining the facts-in-issue are relevant facts. Facts supporting or rebutting an inference suggested by facts-in-issue are relevant facts. Facts establishing the identity of a […]

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Apr 05

EVIDENCE | TYPES OF EVIDENCE

1. As per Section 3 Evidence means all statements of witnesses permitted by the court in relation to facts under inquiry. 2. Further the Sections says, Evidence means all documents produced for the impaction of the courts. 3. As per this definition evidence is of two types:- a. Oral Evidence; b. Documentary Evidence. 4. The […]

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Mar 29

INDIAN EVIDENCE ACT, 1872

INDIAN EVIDENCE ACT, 1872 SALIENT FEATURES OF INDIAN EVIDENCE ACT, 1872:- Indian Evidence Act came into force on 01.September.1872. It has been drafted by Sir James Fitzrald Stephen, an English man. It consists of 167 Sections. It is applicable to the whole of India except Jammu and Kashmir. PUBLIC AND PRIVATE DOCUMENTS INDIAN EVIDENCE ACT  […]

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Mar 28

PUBLIC AND PRIVATE DOCUMENTS

PUBLIC DOCUMENTS & PRIVATE DOCUMENTS- INDIAN EVIDENCE ACT, 1872. INDIAN EVIDENCE ACT, 1872   PUBLIC DOCUMENTS — SECTION 74 – Documents forming the acts recorded of the Acts:- Of the Sovereign authority—Acts of the State; Of official bodies & tribunals; AND Of Public Officers, Legislature, Judicial & Executive or of Foreign Country. Public records kept […]

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Feb 24

NEGOTIABLE INSTRUMENTS ACT,1881

NEGOTIABLE INSTRUMENTS ACT– IT MEANS TRANSFERABLE. INTRODUCTION:- 1660-1858 — East India Company was doing business. 1834- First Law Commission 1854- Second Law Commission 1861- Third Law Commission 1881– Fourth Law Commission passed Negotiable Instruments Act. Negotiable Instruments was introduced in 1881 keeping in view of East India Company profits. Negotiable Instruments Act, 1881 was amended […]

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Feb 06

DISCHARGE BY BREACH OF CONTRACT

DISCHARGE BY BREACH OF CONTRACT INTRODUCTION OF INDIAN CONTRACT ACT,1882 The breach of contract may be (I) actual (II) constructive or anticipatory. The actual breach may take place (a) at the time when the performance is due, or (b) when actually performing the contract. The constructive or anticipatory breach of contract, i.e. a breach before […]

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Jan 31

PLEDGE SECTION 172 TO 179

PLEDGE SECTION 172 TO 179 Section 172- ‘PLEDGE’, ‘PAWNOR’ AND ‘PAWNEE’ DEFINED—PLEDGE is a Bailment of Goods, By way of security for payment of a Debt or performance of a promise is called as ‘PLEDGE’. The Bailor is called as a ‘PAWNOR’ AND The Bailee is called as a ‘PAWNEE’. The property which is Bailed […]

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Jan 30

BAILMENT 148 TO 181

BAILMENT AND PLEDGE SECTION 148 TO 181 Presentation OF INDIAN CONTRACT ACT,1882 INTRODUCTION OF INDIAN CONTRACT ACT,1882 The term Bailment is gotten from French word “Bailor” – which intends To Deliver. Vow is a Bailment of products, by method for security for installment of a Debt or execution of a guarantee is called as ‘Promise’. […]

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