INDIGENT PERSON (ORDER- XXXIII)

INTRODUCTION “Access to justice cannot be denied to anyone merely because he does not have the means to pay the prescribed fee” as observed by Apex Court.  The provisions of Indigent person were instituted in the Code of Civil Procedure, 1908, for the poor people to seek justice without payment of any court fees.  Order 33 of the Code of Civil Procedure deals with the Provisions of Indigent Person. Generally, an individual who institutes suit has to pay a prescribed Court fee. But sometimes the person is very poor and enables them to pay the prescribed court fee. So, this provision...

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EVIDENTIAL VALUE OF DNA

INTRODUCTION DNA is an abbreviation of Deoxyribo Nucleic Acid.  It is found in the human body as basic genetic material, which could be extracted from the hairs, saliva, semen, blood, bone, and other organs of the human body. Today there is no specific law that governs the admissibility of forensic technique. However, the courts derive its validity from the various provisions of the Code of Criminal Procedure, 1973 and Evidence Act, 1872.  DNA consist of 50% of the biological mother’s DNA and 50% of the biological father’s DNA. So DNA is unique and allows for accurate determination of parentage. DNA of every individual...

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Aadhar Authentication for Good Governance: Rules Notified

INTRODUCTION Aadhar Authentication by requesting entities for good governance ( social welfare, innovation, knowledge) rules 2020 notified today by the Central Government. Authentication means submission of Aadhar Number to the Central Identities Data Repository Authority. The Submission is for the purpose of its verification along with demographic information or biometric information. And Central Identities Data Repository then verifies the correctness and lack thereof of documents available with it. And, Requesting Entity is an agency or person who submits the demographic information or biometric information to the Repository for authentication So, Today the central Government has issued the rules regarding the purpose for which the...

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SECTION 65-A AND 65-B OF INDIAN EVIDENCE ACT: A BRIEF OVERVIEW

INTRODUCTION After the enactment of the “IT Act, 2000” Parliament has inserted Section 65-A and 65-B under chapter V of Indian Evidence Act, 1872.  Chapter V of Evidence Act deals with documentary evidence. To deal with the admissibility of electronic evidence section 65-A and 65-B inserted by the Parliament in the year 2000. POSITION BEFORE 2001  Before the insertion of these sections, section 61-65 used to deal with the electronic evidence.  Electronic evidence is a kind of documentary evidence that is proved either by primary evidence or secondary evidence.  When the document itself is produced before the court is called primary evidence. If...

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NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT, 1985

The NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCE ACT 1985, was passed by legislature with a view to control the threat of Narcotic drugs and psychotropic substances in India. The parliament amended the act in 2001 to rationalize the structure of punishment. It divided the drugs into two categories i.e. “small quantity and commercial quantity”. The punishment for small quantity is mild and for commercial quantity it is stringent. In recent judgment of Hira Singh VS Union of India 2020; Supreme Court interprets that that in case of seizure of mixture of narcotic drugs and psychotropic substances with one or more neutral substance;...

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What is Common Intention?

Introduction Acts done by several persons in furtherance of common intention- When a criminal act is done by several persons in furtherance of common intention of all; each of such person is liable for that act in the same manner as if it were done by him alone. Section 34 of I.P.C. deals with the doing of separate acts, similar or diverse, by several persons; if all are done in furtherance of common intention; each person is liable for the result of them all as if he had done them himself. INGREDIENTS OF SECTION 34 Commission/omission of a criminal act: According to the composition of...

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IMPACT OF NEWLY IMPLEMENTED PROVISIONS OF CONSUMER PROTECTION ACT, 2019

Introduction The Consumer Protection Act, 2019 received the assent of the President and was published in the official gazette on 9 August 2019. However, the act stated that New Act will come into force on such date as the Central Government may so notify. Further, on July 15, 2020 the Central Government issued a notification enforcing most of the provisions of the new act. The key sections which will have salient impacts on the consumer and the market are discussed in this article. Definition of Consumer The definition of “consumer” has been expanded to include persons who engage in offline or online transactions through...

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Theories of Punishment

Introduction There are five types of the theories of punishment: Retributive Deterrent Preventive Expiatory Reformative Retributive Theory It is primitive theory. Punishment satisfies the feeling of revenge. In older times injured person takes revenge by causing injury to other. ‘An eye for an eye; ‘a tooth for a tooth’ was the law. Mostly injured persons and not the state initiate legal proceedings. The society believed it to be a private wrong.  Punishment as an end itself. Criticism- Punishment is regarded as method of protecting society because social welfare is considered to be of paramount importance. Moreover, this theory is gradually losing ground in modern...

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Conditions For A Valid Hindu Marriage

Introduction According to section 5 of Hindu marriage act, 1955, a marriage solemnized between to Hindus is valid if the following conditions are fulfilled, namely- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:  (i) neither party has a spouse living at the time of the marriage;  (ii) at the time of the marriage, neither party,                   a. is incapable of giving a valid consent of it in consequence of unsoundness of mind;                   b. or though capable of giving a valid consent...

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Decriminalization of Section 138 of Negotiable Instrument Act, 1881

Introduction The outbreak of pandemic COVID-19 has almost affected all the sectors of the country and Indian economy is not the exception at all. To mitigate and curb the impact of ongoing crisis, the finance ministry has proposed to decriminalize 39 different offences across 19 separate Acts including decriminalization of Dishonor of Cheque. This is a step in the direction for improving the ease of doing business, unclogging the courts and moreover, it will attract the investment from investors. So, it has decided to re-look at the procedural deficiencies in aforementioned 19 Acts and to abolish prosecutions in such matters to promote...

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