Category: Essays

Estoppel of acceptor of bill of exchange, bailee or licensee:No acceptor of a ‘bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Explanation 1:The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.Explanation 2: ADVERTISEMENTS: If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.Comments:…

Judges and Magistrates:No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Image Source: static1.businessinsider.com ADVERTISEMENTS: Illustrations: (a) A, on his trial before the Court of Sessions, says that a deposition was improperly taken by B, the Magistrate. Â cannot be compelled to answer questions as to this, except upon the special order of a superior Court.(b) A is accused before the Court of Sessions of having given false…

Order of examinations:Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross- examined, then (if the party calling him so desires) re-examined. Image Source: i.ytimg.com ADVERTISEMENTS: The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.Direction of re-examination:The re-examination shall be directed to the explanation of matters referred to in cross- examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross- examine upon that matter.Comments: ADVERTISEMENTS: Section 138 lays down the manner of examining a particular witness and creates distinct rights, viz. examination-in-chief, cross-examination and re-examination so far as examination of witness is concerned. The examination-in-chief, cross- examination, and re-examination…

What matters may be proved in connection with proved statement relevant under sections 32 or 33:Whenever any statement, relevant under sections 32 or 33, is proved, all matters may be proved, either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross- examination of the truth matter suggested. Image Source: jessicawluther.com ADVERTISEMENTS: Comments: Under section 158 when any statement of a person, who is dead or cannot be found, is relevant under sections 32 or 33, and have been proved, then all matters may be proved either: (a) to corroborate, or (b) to contradict 0Ã (c)…

Impeaching credit of witness:The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him:— Image Source: blogdoamstalden.files.wordpress.com ADVERTISEMENTS: (1) By the evidence of persons who testify that they, from their knowledge of the witness believe him to be unworthy of credit;(2) By proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;(3) By proof of former statements inconsistent with any part of his evidence which is liable to be contradicted;Explanation: ADVERTISEMENTS: A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked…

Indecent and scandalous questions:The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed. Image Source: s3.amazonaws.com ADVERTISEMENTS: Comments: Section 151 confers power upon the court to forbid putting any question which is indecent or scandalous. The court may stop it if it appears to be indecent or scandalous in the opinion of the court. Such question may be put to the witness during cross-examination when it relates to facts in issue or is necessarily connected with them.The Supreme Court considered such question being improper…

Flood is the recurring phenomena in some part of India every year. About 60 per cent of the flood damage in the country occurs from river floods while 40 per cent is due to heavy rainfall and cyclones. Damage by Himalayan rivers account for 60 per cent of the total damage in the country. Floods accounts for about half the destruction wrought by natural hazards every year. Image Source: southerndiscomfortzine.files.wordpress.comThe Indian sub-continent has seen world’s worst flood related destruction over the years. The Ganga and the Brahmaputra have annually flooded vast tracks of land for millennia. Bloated by heavy monsoons and the Himalayan snowmelt Subcontinent Rivers, big and small cause much havoc. Their intensity and fury has been increasing mainly due to deforestation. Denuded forests and other vegetative cover no…

Essay on Manganese Ore in India – EssayManganese ore is used mainly for making iron and steel and preparing alloy. It makes the steel tough and it does not rust easily. It is also used for making paints, glass, chemicals, bleaching powder, insecticides, and batteries. India produces 6.6% of the world production of the manganese ore and holds sixth position in the production of manganese ore in the world. Image Source: yourarticlelibrary.com ADVERTISEMENTS: The country stands second in the reserve of manganese ore in the world after Zimbabwe. Indian manganese is considered to be of good quality and contains 54% of manganese. The igneous rocks which contain manganese ore are Garnet, Khondalite, Gneiss mainly in Orissa and Andhra Pradesh.i. Occurs mainly in the Dharwas system of rocksii. Pyrotusite is the…

Legal provisions regarding power of Appellate Court to obtain evidence under section 391 of the Code of Criminal Procedure, 1973.(1) In dealing with any appeal, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. Image Source: images.wisegeek.com ADVERTISEMENTS: (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.(3) The accused or his pleader shall have the right to be present when the additional evidence…

Section 309 of the Code of Criminal Procedure provides that at every inquiry or trial, the proceedings must be held as expeditiously as possible. In particular, when the examination of witness has once begun, it must continue from day-to-day until all the witnesses have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded by it. Image Source: foreclosurenv.files.wordpress.comIf, after taking cognizance of the offence, or after the commencement of the trial, the Court finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may do so from time to time for reasons to be recorded by it, and in such cases, it may, by a warrant, remand the accused…