Examination of Witnesses

Introduction The witnesses when called to prove the facts of the case produce an affidavit to prove his facts or record his statement in the presence of the judge. This record of the statement is called as Examination in Chief. After Examination in Chief, the Cross-Examination takes place. The examination of the witness by asking questions related to the case by an opposite party counsel is called Cross-examination. The examination of a witness subsequent to Cross-examination is called Re-examination. The law of evidence is a system of rules for ascertaining controverter questions of fact. The principal of the Indian Evidence Act, 1872...

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‘Patent Illegality’: Ground Available to Set Aside Domestic Arbitral Awards

The Supreme Court observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. Justices R. Banumathi, Indu Malhotra, and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award made after the 2015 amendment to the Arbitration and Conciliation Act. The award in the instant case was made on March 29, 2016. If the decision of the arbitrator is found to be perverse, or, so irrational that no reasonable person would have arrived at the same,...

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Payment of Bonus Act, 1965

Introduction The Payment of the Bonus Act, 1965 provides for payment of bonus to employees employed in certain establishments based on its profits or based on production or productivity. It extends to the whole of India and it imposes a legal responsibility upon the employer of every establishment covered under the Act to pay the bonus to employees and to prescribe the minimum and maximum percentage of bonus. Applicability of the Act The Payment of Bonus Act applies to the establishments which fall under any of the below listed: It applies to any factory or establishment which had 20 or more workers employed...

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Opinion on Resuming Regular Courts

The Bar Council of India has decided to consult Advocates from the Supreme Court and all High Courts and District Courts to gather opinion on the resumption of regular court hearings. The BCI said that it has received various complaints and concerns from lawyers regarding virtual hearings. Also said that the video conferencing hearings have been marred by disturbances on account of poor connectivity or other technical glitches. It adds further that listing of cases on the basis of "pick and choose" in some High Courts was also a concern flagged. The BCI statement adds that the Chief Justice of India...

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Plaint

A plaint is a statement of claim, a document by the presentation of which the suit is instituted. Its object is to state the grounds upon which the assistance of the Court is sought by the plaintiff. It is a legal document which contains the written statement of the plaintiff for the claim and the first step towards the initiation of a suit. Plaint should contain the relevant facts on which either party relies. Section 26 of Code of Civil Procedure, 1908 stipulates that every suit shall be instituted by the presentation of a plaint or in such other manner as...

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Fresh petitions filed challenging Citizenship Amendment Act

Today, the Supreme Court of India issued a notice in a batch of fresh petitions challenging the constitutional validity of the Citizenship Amendment Act (CAA), 2019. The three-judge bench comprising Chief Justice of India tagged the five fresh petitions along with 160 other pending matters before the Court. The petitions were filed in February by Tamil Nadu Thowheed Jamath, Shalim, All Assam Law Students Union, Muslim Students Federation (Assam), and Sachin Yadav, but could not be listed due to the COVID-19 pandemic. In today's hearing, the petitioner’s lawyers sought an interim order from the Court to address the conflict of the CAA...

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Overview of Constitution of India

Introduction The Constitution is a legal document that sets the framework of rules and regulations according to which a country is governed. The Constitution of India is the fundamental law of the land. It is an organic document that defines the powers and functions of the Government and their relationship among themselves. It is a legal document framed by the body of eminent representatives chosen by the people of India. Constitution of India is mainly concerned with two aspects: (a). Relationship between the different organs of the Government. (b). Relationship between the Government and its citizens. History Under the Cabinet Mission 1946, the...

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Payment of Gratuity Act, 1972

What is Gratuity? Gratuity is a monetary benefit paid by an employer as one of the retirement benefits to the employees who have rendered continuous service for at least five years in the organization. In India, the provisions of gratuity are governed by the Payment of Gratuity Act, 1972. Applicability  The Payment of Gratuity Act, 1972 applies to employees engaged in factories, oilfields, mines, railway companies, plantations, ports, shops or other establishments with ten or more employees on any day in the last 12 months – is entitled to gratuity. Furthermore, once the Act becomes applicable to an employer, even if the number of employees goes below...

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Cognizance of an offence

Introduction An offence can be categorized into different types on the basis of various factors. One such categorization is that of the cognizable offence and non-cognizable offence. Cognizable offences are those offences which are serious in nature. For example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences. And warrant cases are those cases which are punishable with death, life imprisonment with death or life imprisonment and imprisonment not less than 7 years. Cognizable offence: Section 2(c) of Criminal Procedure Code defines that an offence where a police officer may arrest to any person/accused without a warrant, without consent...

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Role of Lawyer in Legal System

Who is a lawyer? A lawyer or attorney is a person who practices law, as an advocate, attorney, civil law notary, counsel, counselor, solicitor, legal executive, or public servant. A lawyer is also an officer in the courtroom. A lawyer represents his client and is bound under the duty of the legal system. A lawyer individually defends a person or entity in various legal proceedings. The legal proceedings may fall into a variety of different categories yet most are either considered criminal litigation or civil litigation. A lawyer is a person who acts on behalf of his client and speaks on the opinion of their client...

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