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Arrest Warrant and Role of Magistrate
As a regular writer I try to focus upon the problems that I as Magistrate regularly encounter in court. One such problem is issuance of Non-Bailable warrant, at what stage it can be issued and can it be issued on mere asking by a Police officer and guidelines if any that needs to be followed.…
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NEW OFFENCES ARE ADDED: WHETHER BAIL OR JAIL
Court is a place where everyday you get the opportunity to learn new concepts. As a judge or Magistrate we on the previous day prepare ourselves to face the cases listed on next day. But it always happens that how much we prepare ourselves there will always be a situation that will force us to…
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Rajasthan High Court’s Powerful Judgment on Recovery of Maintenance- Simplifying the Enforcement of Rights of Aggrieved Women
Recently Hon’ble Justice Sandeep Mehta of Rajasthan High Court in the case “In Re A Ref. U/s 395 Cr.P.C. By District And Sessions Judge, Pali v Unknown”[i], took note of the plight of the aggrieved women who were continuously suffering due to the non-payment of maintenance by their husband as well as due to complicated…
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Drawing the line between Active and Deliberate Consent and No Consent in cases of Sexual Intercourse on Promise of Marriage
Introduction Under Section 375 IPC[i], Rape has been defined as certain sexual acts when committed on a female, under any of the circumstances mentioned under Section 375 IPC. If you read the section it will be very clear that there is no express provision of consent obtained on pretext of false promise to marry. The…
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Relevancy and Probative Value of Entries in Books of Accounts: Deconstructing Section 34 of Indian Evidence Act
Introduction Section 34 of Indian Evidence Act provides that: Entries in books of accounts 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 shall not alone be sufficient evidence to charge any…