Lok Adalat Need, Functioning, Powers, Benefits

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Lok Adalat is one of the significant components of the Alternative Dispute Resolution system. Lok Adalat means People’s Court. It is a forum where the disputes which are pending in a court or are at the pre-litigation stage are settled cordially.

The system of Lok Adalat is based on Gandhian Principles. The Constitution of India has defined a common goal for its citizens to secure all the citizens of India – Justice (social, economic and political), Liberty, Equality and Fraternity.KEEP READING

Independence of High Court

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These are the ten constitutional provisions that ensure the independence and impartial functioning of the High Court.
1. Appointment of High Court judges.
2. Security of tenure.
3. Fixed service conditions.
4. Expenses charged on the consolidated fund.
5. Conduct of judges cannot be discussed.
6. Ban on practice after retirement.
7. Power to punish for its contempt.
8. Freedom to appoint its staff.
9. Jurisdiction of High Court cannot be curtailed.
10. Separation from executive.KEEP READING

Doctrine of Basic Structure with Landmark Judgements

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Various questions regarding amendments emerged gradually after the Constitution came into force. Some of them are:
1. Can the Parliament amend the Constitution?
2. Can the Preamble be amended?
3. Can the Parliament amend the Fundamental Rights?
4. Is the amending power under Article 368 absolute?

All the above questions were answered in the following landmark judgments.KEEP READING

Mercy Petition - Article 72 and 161 of Indian Constitution

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To seek a mercy petition, the death sentence by the Session Court must be confirmed by the High Court. The convict who has been given a death sentence can appeal to the Supreme Court. Suppose the Supreme Court refuses to hear the appeal or upholds the death sentence.

In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution.KEEP READING

Trial of Summons Cases Explained

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The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.

Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.KEEP READING

Pleading under CPC - Easy Definition, Object, Importance, and Basic Rule

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Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.

The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.KEEP READING

Privileged Communications under the Indian Evidence Act

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Evidence plays an integral part in a trial as it helps in reaching a conclusion and deliver a judgement. Evidence can be oral, documentary or in electronic form. A witness can be testified on any event that he has seen or heard.

Certain communications are protected and cannot be adduced as evidence, and are known as privileged communications. Let us learn more.KEEP READING

Sources of Muslim Law

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Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.

The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sourcesKEEP READING