27Sep 2018 by admin

Section 33 of the Indian Evidence Act, 1872

Identity
Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated:Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Image Source: healthcare.acrobatant.com ADVERTISEMENTS: Provided,—That the proceeding was between the same parties or their representatives in…
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27Sep 2018 by admin

Section 68 of the Indian Evidence Act, 1872

Law
Proof of execution of document required by law to be attested:If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Image Source: maxxelli-consulting.com ADVERTISEMENTS: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.Comments: Principle: Section 68 applies…
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27Sep 2018 by admin

Section 45 of the Indian Evidence Act, 1872

Trade
Opinions of experts:When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Image Source: johntole.com ADVERTISEMENTS: Such persons are called experts.Illustrations: (a) The question is, whether the death of A was caused by poison.The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant. ADVERTISEMENTS: (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature…
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27Sep 2018 by admin

Dispersal of Assemblies by use of Civil Force (Section 129 of CrPc)

Violence
Legal provisions regarding Dispersal of assemblies by use of civil force under section 129 of the Code of Criminal Procedure, 1973.According to Section 129(1) of the Code of Criminal Procedure, any Executive Magistrate or officer-in-charge of a police station or, in the absence of such officer-in-charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.As per sub-section (2) of Section 129 of the Code, if, upon being, so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as…
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27Sep 2018 by admin

Essay on Court's Role in Dispensation of Criminal Justice in India (434 Words)

United States
Essay on Court’s Role in Dispensation of Criminal Justice in India !It is significant to note that while many of the offences in the Penal Code have lost their import; several new offences have emerged in the flux of change. Organised crimes and white collar criminality are relatively a new phenomenon of modern societies which are multiplying at an alarming pace. image source: pre09.deviantart.net ADVERTISEMENTS: These crimes have become dominant feature of a powerful section of modern Indian society which either aids or abets the criminal activity or engages in it directly Today, a big smuggler, tax-evader, black marketer through clever advocacy and tell-tab medical certificate, gets away with his crime with no imprisonment, while a poor man rots in a prison cell because he has no tongue to explain…
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27Sep 2018 by admin

Essay on Bio-physical Factors and Criminality (494 Words)

United States
Essay on Bio-physical Factors and Criminality (494 Words) !Biological differences in human personality also account for criminality in human beings. The logic behind biological explanation of crime is that structure determines function and persons behave differently owing to the fact that they are somehow structurally different. image source: nationmaster.comTotal crimes. International …”/> ADVERTISEMENTS: The physical and biological abnormalities are generally responsible for criminal behaviour. In other words, the criminal is viewed as a biological organism characteristically different, abnormal, defective and inferior, both biologically and physiologically.The physio-biological explanation of criminal behaviour inspired Prof. Franz Joseph Gale to develop the doctrine of phrenology showing relationship between head conformation and personal characteristics of a person. He first published his work on this topic in 1791. His disciple John Gapser Spurzheint carried this doctrine…
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27Sep 2018 by admin

Section 55 of the Indian Evidence Act, 1872

Marriage
Character as affecting damages:In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive is relevant. Image Source: images.flatworldknowledge.com ADVERTISEMENTS: Explanation:In Sections 52, 53, 54 and 55, the word “character” includes both reputation and disposition; but except as provided in Section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.Comments: Scope: ADVERTISEMENTS: Section 55 is an exception to the general rule laid down in Section 52 of the Act, which provides that the character of the party in civil case is not relevant. According to this section the character of the party to a civil suit is relevant if it is…
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27Sep 2018 by admin

Honey Report on Higher Education for Public Service in the Year of 1967

United States
Honey report on higher education for public service in the year 1967 are given below:In 1966, an affiliate of the American Society for Public Administration asked John C. Honey of the Syracuse University ‘to undertake an evaluative study of Public Administration as a field of study in the U.S. Universities. Image Source: i.ytimg.com ADVERTISEMENTS: The Honey Report, submitted in 1967 is significant in the sense that it disclosed the true state of health of the discipline of Public Administration. It sought to broaden the subject’s scope by making it conterminous with the total governmental process (executive, legislative, and Judicial). It identified four problems confronting it and suggested immediate action on them:1. Insufficient resources at disposal of the discipline (students, faculty and research funds).2. Intellectual argument over the status of the…
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27Sep 2018 by admin

Distinction between Issue-estoppel or Res Judicata and Double Jeopardy or Autrefois Acquit

Law
The rule of issue-estoppel differs from the plea of double jeopardy, i.e., no person shall be put in jeopardy twice for the same offence in two respects:(1) First, it does not introduce any variation in the investigation, inquiry or trial under the Code of Criminal Procedure. Image Source: i.ytimg.com ADVERTISEMENTS: (2) Secondly, it does not prevent the trial of any offence as does the rule of double jeopardy, but only precludes the evidence being led to prove a fact in issue about which a finding has already been arrived at, at an earlier trial before a competent Court.The rule of issue estoppel relates to the admissibility of evidence, which is designed to upset a finding of fact recorded by a competent Court at a previous trial. Thus, the rule of…
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27Sep 2018 by admin

Section 54 of the Indian Evidence Act, 1872

Essays
Previous bad character not relevant, except in reply:In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Image Source: pre12.deviantart.net ADVERTISEMENTS: Explanation 1:This section does not apply to cases in which the bad character of any person is itself a fact in issue.Explanation 2:A previous conviction is relevant as evidence of bad character. ADVERTISEMENTS: Comments: Scope:In a criminal trial it is the principle that the good character of the accused is relevant. Section 54 lays down that the prosecution cannot lead evidence of bad character of the accused unless the accused leads evidence of his good character.Principle: ADVERTISEMENTS: Under this section the prosecution can give evidence of bad…
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