The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with relevancy of admissions and confessions (Sections 17-31). The video of the lecture is at: https://youtu.be/_Pe23A0LMKA. The audio of this lecture can be downloaded from this SounCloud link: https://goo.gl/Kh8ZW8. Hasta la vista amigos!
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This presentation is made by Mr.Shubham Ramesh Wadhonkar, student at Narayanrao Chavan Law College Nanded.
This presentation is related to Burden Of Proof which is an important concept in Law Of Evidence.
For more law related material , go on YouTube and search "Shubham Wadhonkar".
This presentation is made only for help purpose and for knowledge sharing.
Appreciation of evidence and Types of Witness.pptxsrikarna235
Admissibility of Evidence
Types of Witness
Accomplice
Witness Protection Scheme
Police Witness
Admissibility of Admission and Confession
Difference between S.123 & S.124
Burden of Proof
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this presentation about crowd control and management. handling the mob and make peace. it is about the tactics to take precautionary action regarding maintenance of law and order.
this is the introduction of narcotics and psychotropic substances. it is useful to all who want to learn about the narcotics and psychotropic substances
this is about the stress management means to control the stress. it is the practical and experimental topic this describes about the techniques of stress control.
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This act is called ndps act 1985 and this useful. this is the first presentation for understanding the basics of the act. in presentation 2, 3, 4, 5 are giving full information about this act.
Car Accident Injury Do I Have a Case....Knowyourright
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
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Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
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Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
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Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
2. The word “confession” appears for the
first time in Section 24 of the Indian
Evidence Act.
This section comes under the heading
of Admission so it is clear that the
confessions are merely one species of
admission.
Confession is not defined in the Act.
3. Mr. Justice Stephen in his Digest of
the law of Evidence defines
confession as “confession is an
admission made at any time by a
person charged with a crime stating or
suggesting the inference that he
committed that crime.”
4. Lord Atkin observed in Pakala
Narayan Swami v Emperor matter.
“ A confession must either admit in
terms the offence or at any rate
substantially all the facts which
constitute the offence. An admission of
a gravely incriminating fact, even a
conclusively incriminating fact is not in
itself a confession”
5. In the case of Palvinder Kaur v State of
Punjab the Supreme Court approved the
Privy Council decision in Pakala Narayan
Swami case over two scores.
Firstly, that the definition if confession is that
it must either admit the guilt in terms or admit
substantially all the facts which constitute the
offence.
Secondly, that a mixed up statement which
even though contains some confessional
statement will still lead to acquittal, is no
confession. Thus, a statement that contains
self-exculpatory matter which if true would
negate the matter or offence, cannot amount
to confession.
6. Difference between Admission
and Confession
Section 17 to 31 deals with admission
generally and include Section 24 to 30
which deal with confession as
distinguished from admission.
7. 1. Confession is a statement made by
an accused person which is sought to
be proved against him in criminal
proceeding to establish the
commission of an offence by him.
1. Admission usually relates to civil
transaction and comprises all
statements amounting to admission
defined under section 17 and made by
person mentioned under section 18,
19 and 20.
8. 2. Confession if deliberately and
voluntarily made may be accepted as
conclusive of the matters confessed.
2. Admissions are not conclusive as to
the matters admitted it may operate as
an estoppel.
9. 3. Confessions always go against the
person making it.
3. Admissions may be used on behalf
of the person making it under the
exception of section 21 of evidence
act.
10. 4.Confessions made by one or two or
more accused jointly tried for the
same offence can be taken into
consideration against the co-accused
(section 30)4.
Admission by one of the several
defendants in suit is no evidence
against other defendants.
11. 5. Confession is statement written or
oral which is direct admission of suit.
Admission is statement oral or written
which gives inference about the
liability of person making admission.
The acid test which distinguishes a
confession from an admission is that
where conviction can be based on
the statement alone.
12. FORMS OF CONFESSION
Confession may be divided into two
categories:-
1) Judicial confession, and
2) Extra-Judicial confession
13. Judicial Confession
Judicial confessions are those
confessions which are made before a
Magistrate or in Court in the due
course of legal proceedings.
Judicial confession has been defined
to mean “plea of guilty on
arrangement (before a tribunal) if
made freely by a person in a fit state
of mind.”
14. A is accused of having killed B. He
may, before the trial begins confess
the guilt before some Magistrate who
may record it in accordance with the
provisions of Section 164 of the
Cr.P.C.
At the committal proceedings before
the Magistrate or at the trial before
Sessions Judge, A may confess his
guilt.
15. A confessional statement made by the
accused before a Magistrate or a
Court is a good piece of evidence and
the accused can be convicted or
punished on the basis of this judicial
confession.
16. If corroboration is needed it is enough
that the general trend of the
confession is substantiated by some
evidence which would tally with the
contents of the confession. General
corroboration is enough.
17. Extra-Judicial Confession
Extra-judicial confessions are those
confessions which are made by the
accused anywhere else than before a
Magistrate or in Court.
Extra-judicial confession can be made
to any particular person or to a group
of persons.
It is not necessary that the statements
should have been addressed to any
definite individual
18. It may have taken place in the form of
a prayer.
For extra-judicial confession
communication to another is not an
essential component to constitute
‘statement’.
The evidence of extra-judicial
confession is a weak piece of
evidence and so it should be taken
with great care and caution.
19. In State of Punjab v. Bhagwan Singh it
was held by Supreme Court that extra-
judicial confession can be relied on
only when it is clear consistent and
convincing.
In Balwinder Singh v. State, the
Supreme Court held that in case of
extra-judicial confession, the credibility
of the person before whom the
confession is made, shall be tested
and the court has to see whether the
person is trustworthy or not
20. In Sahadevan v. State of Tamil Nadu
the Supreme Court held that extra-
judicial confession is admissible and
for it the following principles form the
basis of conviction:
21. The Principles are
. It is weak evidence by itself. It has to
be examined by the Court with greater
care and caution.
. It should be made voluntarily and
should be truthful.
. It should inspire confidence.
22. An extra-judicial confession attains
greater credibility and evidentiary value if
it is supported by a chain of cogent
circumstances and is further
corroborated by other prosecution
evidence.
For an extra-judicial confession to be the
basis of conviction, it should not suffer
from any material discrepancies and
inherent improbabilities.
Such statement essentially has to be
proved like any other fact and in
accordance with law.
23. IRRELEVANT AND RELEVANT
CONFESSIONS
Sections 24, 25, 26 and part of
Section 27 of the Indian Evidence Act,
1872 deals with irrelevant confession.
Section 24 of the Indian Evidence Act,
1872
Section 24 of the Act deals with
confession caused by inducement,
threat or promise, when irrelevant in
criminal proceeding.
24. The conditions of irrelevancy
under the section are
The confession must be the result of
inducement, threat or promise;
Inducement, etc. should proceed from
a person in authority;
It should relate to the charge in
question; and
It should hold out some worldly
benefit or disadvantage.
25. Section 25 of the Indian
Evidence Act, 1872
Section 25 makes all confessions
irrelevant which are made to a police
officer, the reason behind this is to
avoid the police torture by the police,
as this Section says that no
confession made to a police officer,
shall be proved as against a person
accused of any offence.
26. Under this Section a confession made
to a police officer is inadmissible in
evidence except so far as provided by
Section 27 of the Indian Evidence Act,
1872.
Generally speaking that the principle
upon which the rejection of confession
made by an accused to a police officer
or while in the custody of such officer
is founded is that a confession thus
made or obtained is untrustworthy.