Common Law

  It is said that Bail is Rule and Jail is an exception in Bail Cases. In a Society, which we do call it civilized, a Jail reduces a human being to animal. Jailing is akin to chaining human, where inherent human dignity is imminently lost.  A Justice, Judge or a Magistrate, being a reflection of superior human being, must deemed to stand for personal liberty, and can never argue for chaining a fellow human, unless it is vehemently shown that fellow human has acquired an Animal instinct of grave danger.  Therefore, in Bail matters, where limited issue is of personal liberty, a Judge indisputably stands for personal liberty. Therefore, Bail matters are inherently different from other Legal Cases. In other Legal Cases, the Judges, dispassionately, may be deciding rights of the parties. But in Bail matters, Judges stand for Personal liberty; and therefore in Bail Cases, Judges have to “argue” passionately, Impugning Prosecution, in favour of personal liberty, unless a...

Maintenance of peace and order is essential in any society for humans to live peacefully and without fear of injury to their lives, limbs and property. The chief concern of a criminal law is to protect and preserve certain fundamental social values and institutions, and for this, it prescribes a set of norms of human behaviour and forbids certain conducts; and prescribes punishments for the disregards of such norms and conducts. The Cheating is one of the most general forms of human element and behaviour. The offence of cheating contemplated u/ss 415 and 420 of IPC, 1860, ordinarily involves fraudulent representation (which includes concealment of material facts), followed by inducement to give away / part with the property / money, on the basis of said representation. The word property would include all things or any rights which can be measured in money terms, including the money itself. However, there may be an offence of cheating even in the absence of parting with of any...

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sens...