Relevancy, Admissibility and their Evidentiary Value?

Every case is decided on the basis of the Evidence produced before the court be it oral or documentary, Direct or circumstantial, but the main question that arises for consideration is whether the fact is admissible or not, because sometimes even the fact may be relevant but not admissible. The courts have to be very conscious while considering the evidences produced before them and have to satisfy themselves that whether they can base their judgment on the basis of evidences led before the court of…

Am I being Raped?

  This question very often comes to the mind of a girlwho consents having entered into physical relation with her boyfriend on the false promise of beingmarried and when the marriage actually couldn’t happen for any reasons whatsoever, the girl start to feel being physically abused or raped sometimes. Since large number of cases are being filed everyday it becomes really difficult for the police to collect direct evidence as in such casesthe promises if any given or consent taken on the basis of those…

Why Anticipatory Bail

  The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and many civil case coming up by the plaintiff to seek their rights and if the opposite party feels that the plaintiff has good case to win, the opposite party…

Apprehending Justice?

The Maxim “Justice should not only be done, but seem to have been done”finds its place in the Constitution of India as enshrined in Article 21 of the Constitution wherein its broad perspective seeks to protect the persons of their lives and personal liberties except according to the procedure established by law. The said article in its broad application not only takes within its fold enforcement of the rights of an accused but also the rights of the victim. The State has a duty to…

Bail in NDPS

Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail  as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception.  The reason behind this opposite rule is because of the gravity and sensivity involved in those matters per se and the impact on the society at large.   Among other special laws, The NDPS Act is one of them and in order to protect the society at…

Bail not Jail

Yes this is how the principle is enshrined in the constitution of India and Article 21 of the constitution of India enshrines this principle as “Right to Life”. But can we say that this principle is being followed in the courts of law and the accused persons who are languishing under trails in jails on the basis of false allegations and getting the most cherished right of the constitution of India. I feel the answer is NO, because the courts have without going into the…

Am I a prudent buyer?

  With the rise in the price of the property or getting a good price of the property, the unscrupulous sellers are selling their property to the multiple buyers. The common practice prevailing these days is that the seller enters into an agreement to sell with the first buyer and within the period of the execution of the agreement to sell, the seller gets the sale deed executed for the second buyer making the life hell for both the buyers. Sometimes the seller in order…

Protect your rights

Since the rise of the prices in the property most of the case are coming forward wherein the parties claiming that the signatures on the documents appears to be mine but the same are not voluntarily given because of the fact that when those particular signatures were being taken or when we were being taken before the registrar we were not aware of the content or the purpose of signing that particular document and without our true knowledge the same document have been registered and…

Should he send back to custody again?

More often than not this question comes to the mind of every person that once a person a granted bail, he cannot be send back to the prison and he can use his freedom the way he wishes. But now a day’s more number of cases for cancellation of bail are coming forward because the accused while taking bail swears to abide by the express terms and conditions if any imposed or even otherwise he has to abide by the implied conditions of the Criminal…