Section 62 says that primary evidence means the original document itself. The evidence which is not secondary is primary.
Section 61 of Evidence Act says that the content of a document can be proved by two modes – primary evidence or secondary evidence.
It means there is no other prescribed method by law for proving the content of a document.
KEEP READING
Article 21: Protection of life and personal liberty! The legislature cannot deprive a person of the right to life and personal liberty even by making a law.
Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative.KEEP READING
Every court has its own jurisdiction to decide or conclude a case. Jurisdiction means that which court has the authority or power to decide a case.
Jurisdiction can be categorized into three heads. They are:-
1. Subject matter jurisdiction
2. Pecuniary jurisdiction
3. Territorial jurisdictionKEEP READING
Section 295 of the Indian Penal Code prescribes offence of injuring or defiling a place of worship to insult any religion.KEEP READING
A person constitutes the offence of theft if he:-
1. With dishonest intention.
2. Takes moveable property.
3. Out of the possession of another person.
4. Without such person’s consent.
5. And moves that property in order to take it away.KEEP READING
A gift is a gratuitous transfer of a property of any nature to the other person. It is a voluntary transfer from one person to the other. Generally, a transfer without consideration is void.
But a gift is an exception to the rule that without consideration an agreement of transfer is void. A gift is given under natural love and affection. This is the reason that even law has put it in a different table.KEEP READING
Section 375 of the Indian Penal Code requires two essentials to be satisfied for making it an offence of rape. They are:-
1. An act of sexual intercourse by a man with a woman.
2. The act of sexual intercourse must fall under any one of the seven categories given in section 375.KEEP READING
Austin- Ownership is a right indefinite in point of user unrestricted in point of disposition and unlimited in point of duration.
From above definition we find three elements:
1. Indefinite user.
2. Unrestricted disposition (dispose off)
3. Unlimited duration.KEEP READING
Extortion is defined in section 383, chapter XVII of the Indian Penal Code. It is an offence against property. To understand what amounts to extortion, certain essential elements are required to be fulfilled.
Any person who commits an offence of extortion shall be punished for imprisonment up to three years or fine or both. It is a cognizable and non-bailable offence.KEEP READING
The main issue of concern is whether a confession given to police officer is admissible or not, and what is the relevancy of confession given to police.
Section 25 of the Indian Evidence Act says that a confession made to a police officer is not admissible in the eyes of the law and cannot be proved against the person who made that confession.KEEP READING
Hadia Marriage Case.
Shafin Jahan vs. Ashokan.
Article 19 and Article 21 of the Indian Constitution were challenged. It was held that a person is free to profess any faith or change his faith. It was also said that the Right to choose a life partner is a Constitutional Right.KEEP READING
The history of Indian constitutional development began from passing of the Regulating Act, 1773. It was passed by the British parliament to regulate the increasing corruption in the East India Company.
The motive behind passing this Act was to control the activities of the East India Company under the control of the British government.KEEP READING
The literal meaning of exchange is giving and taking of something.
Exchange is defined in section 118 of the Transfer of Property Act, 1882.
The exchange of property in this act relates to immovable property only.KEEP READING
Causing slight harm or injury to other person is hurt. And when the degree of injury caused to other person is higher, then it becomes grievous hurt.
We cannot make every serious injury in the category of grievous hurt. Section 320 contains situations when grievous hurt is caused.KEEP READING
At any stage of proceedings, the court may allow the plaintiff or defendant to amend his pleadings. The amendment to pleadings shall be made necessary if it determines the real questions in controversy among parties.
The amendments made under Order VI, Rule 17, are voluntary amendments for ratifying one’s own error or default.KEEP READING
Order II of the Civil Procedure Code deals with the framing of suit. It lays down the rules as to how a suit should be framed.
While drafting a plaint, the plaintiff must draft his plaint in such a way that includes all the important assertions and the claims that the plaintiff wishes to put before the court.KEEP READING
