Grammar-wise, the term “presumption” refers to a supposition, a basis for assuming something is true in the absence of concrete evidence, or the conclusion or inference that a fact exists. In its broadest meaning, the term “presumption” refers to a legal rule, either statutory or judicial, whereby, in the absence of actual certainty regarding the …
Dishonouring a cheque is punishable by up to two years in jail under Section 138 if the cheque is endorsed for insufficient cash. Recent instances have shown time and time again that cases about the dishonoring of checks take a very long time to resolve. The legislation’s sanctity has been diminished as a result of …
Cheque Bounce and Its Judgments of Favor of Drawer Read More »
Since checks work as a medium of exchange that promotes cashless transactions, people find it more convenient to carry checks rather than cash. People favor cheques because they reduce risk when making large or expensive transactions. An unmarked bill of exchange issued on a particular banker that is due only upon demand is called a …
Cheque Bounce and Its Judgments of Favor of Payee Read More »
A transfer petition to the Supreme Court is a crucial tool in the Indian legal system for defending justice and the rights of all parties in a case. The purpose of these petitions is to ask for the transfer of a matter from one court to another, usually for convenience, impartiality, or security grounds. Transfer …
The owner of intellectual property has the sole right, known as copyright. By doing this, the author’s work is protected from unauthorized use or reproduction and gives the owner the exclusive right to duplicate it. The unauthorized use of another person’s creation is known as piracy. The term “piracy” refers to the unlawful use of …
Copyright Law Amendments and Digital Content Piracy Read More »
In India, no laws were passed until 2012 to address crimes against children, despite the United Nations adopting the Convention on the Rights of the Child in 1989. To safeguard children against all types of sexual abuse, the Protection of Children from Sexual Offences Act was passed in 2012. In the event of aggravated penetrative …
Protection of Children from Sexual Offences (POCSO) Act Amendments as per New Law Read More »
In a mercy petition, the convict seeks mercy from the president or the governor. Articles 72 and 161 of the Indian Constitution grant the president and the governor the power to pardon or commute sentences. The president has the power to pardon even the death sentence. Legal Provisions The provision has been added, which states …
Bharatiya Nagarik Suraksha Sanhita has replaced the Cr.P.C. The new BNSS has changed many Crpc provisions and added new concepts to the Act. The Cr. P.C does not define the term bail but the BNSS defines it. Legal Provisions Impact of changes under BNSS The change made under anticipatory bail has significant implications. It granted …
The word “remand” means “to return or send back” in a dictionary. Nonetheless, it has two distinct meanings in the legal community. First, it’s employed to return the accused to the custody of the appropriate authorities. Second, it is employed to return cases to the lower court from the appellate court. Section 187 of the …
The Law Commission of India in its 230th report stressed the issue of uncle syndrome and stated that it needs to be addressed to maintain fairness and impartiality in the judiciary. It recommended that the Judges of the High Court should not be appointed to such High Courts where their relatives practice. There might be …
