28Sep 2018 by admin

Section 4 of the Indian Evidence Act, 1872

Marriage
May presume:Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Comments: A court has discretion to presume a fact as proved, or to call for confirmatory evidence as the circumstances require. In such cases the presumption is not a hard and fast rule. The presumption is juris et de jure. The court is free to presume any fact or not as the presumptions are about the question of facts. It may regard such fact as proved, unless and until it is disproved or may call for the proof of it.If in a case the court has an option to raise…
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27Sep 2018 by admin

Section 17 of the Indian Evidence Act, 1872

Marriage
Admission defined:An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Image Source: 959watd.com ADVERTISEMENTS: Comments: Scope:Section 17 defines the term “admission.” According to the definition an admission: (i) is a statement, oral or documentary or contained in electronic form, (ii) which suggests any inference as to any fact in issue or relevant fact, and (iii) which is made by any person under the circumstances hereinafter mentioned. Such circumstances as “hereinafter mentioned” have been mentioned in Sections 18 to 30.Strictly speaking, the admission has been dealt with in Sections 17 to 23 and 31, whereas Sections 24 to 30…
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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

Inquiry by Magistrate into cause of death (Section 176 of CrPc)

Marriage
Legal provisions regarding inquiry by Magistrate into cause of death under section 176 of the Code of Criminal Procedure, 1973.(i) When the case is of the nature referred to in clause (i), i.e., the case involves suicide by a woman within seven years of her marriage or clause (ii) of sub-section (3) of Section 174, i.e., the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, i.e., committed suicide, or has been killed by another or an animal or by machinery, or by an accident, or…
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26Sep 2018 by admin

Jurisdiction of Criminal Courts in India – Code of Criminal Procedure

Marriage
All crime is of a local nature, and the jurisdiction over a crime belongs to the place where it is committed. It is also a general principle of International Law that every person who is found to have committed a crime within a foreign state is subject to its laws and also punishable under such laws. Image Source: cryptocoinsnews.comSection 177 of the Code of Criminal Procedure, therefore, lays down that, ordinarily, every offence is to be inquired into and tried by a Court within whose local jurisdiction the offence was committed. The word ordinarily suggests that its provisions are not peremptory, and the place of trial is not limited to the one mentioned in the section. This view has been confirmed by the Supreme Court, which has observed that the…
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26Sep 2018 by admin

Legal Provisions Regarding Investigation under Section 167 of the Code of Criminal Procedure

Marriage
Under Section 167 of the Code of Criminal Procedure, whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of 24 hours fixed by S. 57 of the Code, and there are grounds for believing that the accusation or information is well-founded, the Officer-in-charge of the Police Station must forthwith transmit to the nearest Judicial Magistrate, a copy of the entries in his Diaries and at the same time, forward the accused to such Magistrate. Image Source: kemptonexpress.sites.caxton.co.zaThe Magistrate may then authorise the detention of the accused in such custody as the Magistrate thinks fit, for any term not exceeding 15 days in all. ADVERTISEMENTS: However, a Magistrate may authorise the detention of the accused person otherwise than in…
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25Sep 2018 by admin

Legal Provisions of Alteration in Allowance of Maintenance Granted by a Court

Marriage
Section 127 of Code of Criminal Procedure provides that upon proof of any change in the circumstances of the person receiving or paying the monthly allowance, as the case may be, the Magistrate may make any alteration in the allowance as he may deem fit. Image Source: 1.bp.blogspot.comSimilarly, if it appears to the Magistrate that, in consequence of any decision of a Civil Court, the maintenance order should be varied or cancelled, he may vary or cancel the same. ADVERTISEMENTS: Similarly, when any order is made in favour of a divorced woman, the Magistrate must, if he is satisfied that the woman has re-married after the date of the order, cancel such order as from the date of the re- marriage.The expression “change in the circumstances” in S. 127 does…
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25Sep 2018 by admin

Short Essay on various Caste Groups in India (455 Words)

Marriage
Short Essay on various Caste Groups in India.The caste system is the main characteristic of Hindu society. It is generally believed that caste system in India originated in an effort by cattle rearing fair skined immigrants to include the dark skined Palaeo- Mediterranean and Proto-Australoids into a composite social organisation. Image Source: yourarticlelibrary.com ADVERTISEMENTS: The dark skined people constituted the indigenous population of the country and had already developed an agricultural based civilization. It appears to start with that, at least the system was based on the chatur Varna the four classes of society which came to be recognised on the basis of their work or occupation. The skin complexion also played an important role in shaping the caste system in India.Later on the caste system became extremely hierarchical and…
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25Sep 2018 by admin

Powers of the High Court or Court of Session in granting bail (Section 439 of CrPc)

Friends
Legal provisions regarding powers of the High Court or Court of Session in granting bail under section 439 of the Code of Criminal Procedure, 1973.According to Section 439(1) of the Code of Criminal Procedure, a High Court or Court of Session may direct,—(a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; Image Source: img03.deviantart.net ADVERTISEMENTS: (b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified.However, the High Court or the Court of Sessions shall, before granting bail to a person who is accused of an…
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24Sep 2018 by admin

Prosecution for Offences against Marriage (Section 198 of CrPc)

Family Members
Legal provisions regarding prosecution for offences against marriage under section 198 of the Code of Criminal Procedure, 1973.Section 198(1) of the Code of Criminal Procedure provides that no Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code which relates to six offences against marriage, namely, deceitful cohabitation by man, bigamy, bigamy with concealment of former marriage, fraudulently by going through marriage ceremony without lawful marriage, adultery, enticing, etc. of a married woman except upon a complaint by some person aggrieved by the offence. As per sub-section (7) of Section 198 of the Code, the above rule also applies in respect of the abetment of or attempt to commit any of the offences mentioned therein. Image Source: vanderbilt.edu ADVERTISEMENTS: The object of Section 198(1)…
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