07Oct 2018 by admin

Section 116 of the Indian Evidence Act, 1872

Law
Estoppel of tenant: and of licensee of person in possession:No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession thereof, shall be permitted to deny that such person had a title to such possession at the time when such licence was given. Image Source: phillyaptrentals.com ADVERTISEMENTS: Comments: Principle: This section deals with estoppel arising out of relationship between (i) a tenant and landlord; (ii) between licensee and licensor. The basic principle of Section 116 is that when a person comes into possession…
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07Oct 2018 by admin

What are the Conditions for a Hindu Male to Take a Son or Daughter in Adoption?

Law
The capacity of a male Hindu regarding Adoption is as follows:According to Section 7 any male Hindu who is of sound mind and is not a minor, that is, he has completed the age of 18 years, has the capacity to take a son or daughter in adoption. Image Source: fifamilyservices.org ADVERTISEMENTS: In case he has a wife living, he shall not adopt except with the consent of his wife. The consent may be dispensed with if the wife has finally renounced the world or has ceased to be a Hindu (by conversion to any religion other than Hinduism, Jainism, Budhism, Sikhism) or if she has been declared to be of unsound mind by a court having jurisdiction to pass a declaratory decree to that effect.This section has effected an…
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07Oct 2018 by admin

Statements which become relevant on account of the special circumstances in which they are made under Section 34 – 39 of the Indian Evidence Act

Common Law
There are five kinds of statements which become relevant on account of the special circumstances in which they are made. Image Source: media1.fdncms.com1. Regular entries in account books (S. 34): ADVERTISEMENTS: Entries in books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant, whenever they refer to a matter into which the Court has to inquire; but such statements are not alone sufficient evidence to charge any person with liability.Illustration: A sues 6 for Rs. 1,000, and shows entries in his account book showing  to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.This section is based upon the principle that entries made regularly in the course…
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07Oct 2018 by admin

How much of a Statement is to be proved under Indian Evidence Act, 1872?

Law
Section 39 of the Indian Evidence Act, 1872:When any statement of which evidence is given— Image Source: verafiles.org ADVERTISEMENTS: (a) Forms part of:(i) A longer statement or(ii) A conversation, or(iii) An isolated document, or ADVERTISEMENTS: (b) Is contained in a document which forms part of a book, or(c) Is contained in a part of an electronic record or of a connected series of letters or papers, evidence can be given of so much (and no more) of the statement, conversation, document, electronic record, books or series of letters or papers, as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.This rule is broad-based on justice and convenience. In the absence…
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07Oct 2018 by admin

Doctrine of Estoppel under the Indian Evidence Act, 1872

Law
When a person has —By his(i) Declaration Image Source: 3.bp.blogspot.com ADVERTISEMENTS: (ii) Act, or(iii) OmissionIntentionally caused or permitted or another person ADVERTISEMENTS: (i) To believe a thing to be true, and(ii) To act upon such belief,—Neither (i) he, nor (ii) his representative can be allowed to deny the truth of that thing in a suit or proceeding between himself and such person or his representative.Illustration: ADVERTISEMENTS: A intentionally and falsely leads  to believe that certain land belongs to A, and A seeks to set aside the sale on the ground that at the time of the sale, he had no title. He must not be allowed to prove his want to title.Principle of Section 115:Estoppel is based on the principle that it would be most inequitable and unjust that…
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07Oct 2018 by admin

Difference between a ‘Dying Declaration’ and a ‘Deposition’

Law
Difference between a ‘Dying Declaration’ and a ‘Deposition’ are as follows: Image Source: deriv.nls.uk1. A dying declaration is a statement made by a decea­sed person to anybody who happens to be present when it is made, whereas a dying deposition has to be made before a Magistrate and in the presence of the accused. ADVERTISEMENTS: 2. It follows, therefore, that a dying declaration is not made on oath, whereas, a dying deposition must be made on oath and before a person authorised by law to take evidence.3. A dying declaration is also not subject to cross- examination and therefore, is weaker than deposition, whereas, a dying deposition is subject to cross-examination, and therefore, stronger than a dying declaration.
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07Oct 2018 by admin

Different types of Confessions which are relevant and admissible under Indian Laws

Law
The following three types of confessions are relevant and admissible, viz.—1. Confession made after removal of threat, induce­ment or promise. (S. 28):If such a confession, as is referred to in S. 24, is made after the impression caused by any such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant. Image Source: meggiekornelsen.com ADVERTISEMENTS: This is an exception to the rule contained in S. 24. It lays down the conditions under which a confession, which is rendered irrelevant by S. 24, may become relevant. If it is proved, to the complete satisfaction of the Court, that the impression produced by the threat or promise has been totally removed, e.g., by lapse of time or by any intervening caution given by a person…
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06Oct 2018 by admin

Difference between “Presumptions of Law” and “Presumptions of Fact”

Law
Difference between Presumptions of Law and Presumptions of Fact are as follows:Presumptions of Law: Image Source: androidheadlinescom ADVERTISEMENTS: 1. Discretion of Court —No discretion is vested in the Court at all. The law peremptorily requires a certain inference to be made whenever the facts appear which the law assumes as the basis of the inference.2. Rules of law —Presumptions of law are, in reality rules of law and part of the law itself. ADVERTISEMENTS: 3. Presumptions of law must be drawn.4. Kinds —There are two kinds of presump­tions of law — rebuttable and irrebuttable.Presumptions of Fact: ADVERTISEMENTS: 1. A discretion, more or less exten­sive as to drawing the inference, is vested in the tribunal.2. Presumptions of fact are not rules of law.3. Presumptions of fact may or may not be…
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06Oct 2018 by admin

Standards of Care for Institutions (Rule 40 of the Juvenile Justice)

Juvenile Justice
Legal provisions regarding sentences which Magistrates may pass as per as rule of the Juvenile Justice (Care and Protection of Children) Rule 2007. Image Source: adeca.alabama.gov(1) The homes for juveniles in conflict with law and children in need of care and protection shall function from separate premises. ADVERTISEMENTS: (2) The accommodation in each institution shall be as per the following criteria, namely:(a) Observation Home:(i) Separate observation homes for girls and boys;(ii) Classification and segregation of juveniles according to their age group preferably 7-11 years, 12-16 years and 16-18 years, giving due consideration to physical and mental status and the nature of the offence committed. ADVERTISEMENTS: (b) Special Home:(i) Separate special home for girls above the age of 10 years and boys in the age groups of 11 to 15 and…
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06Oct 2018 by admin

Consequences of Non-Appearance in a Summons Case or in a Warrant Case in India

Law
Section 256 of the Code of Criminal Procedure provides that if the summons has been issued on a complaint, and on the day appointed for the appearance of the accused, or at any adjourned date, the complainant does not appear, the Magistrate must acquit the accused, unless he thinks it fit and proper to adjourn the hearing of the case to some future date. Image Source: upload.wikimedia.orgIf, however, the complainant is represented by a Pleader or by an Officer conducting the prosecution, or if the Magistrate is of the opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. ADVERTISEMENTS: The above provisions also apply to cases where the non-appearance of the complainant is due to his…
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