Understanding Probate: A Legal Framework

In legal matters concerning the estate of a deceased person, the processes of probate and partition play crucial roles in determining the fate of the deceased's properties. Probate refers to the legal validation of a will, while partition suits are often initiated to divide property among legal heirs, particularly when there is no will. In many cases, these two legal processes...

Role Of The Judiciary In Shaping Juvenile Justice System In India

The history of juvenile justice laws in India finds its origin in various international conventions and guidelines. It is often based on the concept that a delinquent child who is under 18 years of age has a better chance of reformation and reintegration into mainstream society if proper care, protection, and correctional measures are taken by the state. Our country has seen paradigm...

Re-Imagining Kafka's Courtroom: Unpacking The Procedural Challenges Of Trial-In-Absentia Under The New Criminal Procedure

The introduction of trial-in-absentia introduced under section 356[1] of the Bhartiya Nagarik Suraksha Sanhita, 2023[2] (for brevity, BNSS) supplanting the old Code of Criminal Procedure, 1973[3] (for brevity, CrPC), has drawn widespread criticism from the legal fraternity and public alike, for the perceptible reason that it reflects a reassertion of the outdated colonial ideas of...

“Corroboration” Under Section 157 Of The Evidence Act (Section 160 Of The Bharatiya Sakshya Adhiniyam [BSA] 2023

The later testimony of a witness can be “corroborated” by recourse to Section 157 of the Evidence Act. The said Section reads as follows:-“157: Former statements of witness may be proved to corroborate later testimony as to same fact.--In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the...

All Indian Judicial Service: Serving With Purpose Or Problems?

Recently, CJI Chandrachud endorsed the proposal for a nation-level judicial recruitment system, seeking to centralize the recruitment process for the judiciary by replacing state-based selections with a unified, countrywide mechanism. This comes after President Draupadi Murmu, in a similar move, had called for an All-India Judicial Service (AIJS) in her inaugural address at the...

Critical Analysis Of The Banking Laws (Amendment) Bill, 2024

Recently, the Ministry of Finance proposed the Banking Laws (Amendment) Bill, 2024 in the Parliament. The bill seeks to amend the Reserve Bank of India Act, 1934, the Banking Regulation Act, 1949, the State Bank of India Act, 1955, and the Banking Companies (Acquisition and Transfer of Undertakings) Acts of 1970 and 1980 to enhance the regulatory framework for the banking structure...

Cloaked In Paternalism: The Unconstitutional Reach Of The UP Anti-Conversion Act

The Uttar Pradesh assembly recently passed some key amendments to the already contentious Uttar Pradesh Prohibition of Unlawful Conversion of ReligionAct, 2021. [UP Anti-Conversion Law] The recent amendments seek to increase the already unreasonable imprisonment terms provided for in the Act. However, the most alarming feature unveiled is the classification of all offences under the...

Significant Amendments Under The Foreign Exchange (Compounding Proceedings), Rules

Under the Foreign Exchange Management Act (FEMA), 1999, when a person using foreign exchange does not comply with the provisions of “FEMA” he commits a contravention. Contravention means a non-compliance of provisions of the act and it includes rules/ regulations/ notification/ orders/ directions/ circulars issued under the act.[1] The term compounding is a voluntary act...

The Privacy Shortfall: Revisiting The Youth Bar Guidelines

The case of the Youth Bar Association of India is a landmark judgement, providing guidelines on uploading each First Information Report (“FIR”) online, registered in the territory of India, making these 'public documents'[1] more accessible to the public at large. Since then, the police officials seem to have been abiding by the directions of the Apex Court in this...

Contradiction” Under Section 145 Of The Evidence Act (Section 148 Of BSA) And Under The Proviso To Section 162 (1) Cr.P.C. (Section 181 (1) Of BNSS)

C O N T E N T SI N N E R T I T L E SParaNo.INTRODUCTION 1SECTION 145 OF THE EVIDENCE ACT.2IMPEACHING THE CREDIT OF A WITNESS3 “CONTRADICTION” AS GENERALLY UNDERSTOOD 5 “CONTRADICTION” AS ENVISAGED BY THE PROVISO TO SECTION 162 (1) Cr.P.C. AND THE LATTER LIMB OF SECTION 145 OF THE EVIDENCE ACT.6“OMISSION” EXPLAINED IN TAHSILDAR SINGH'S CASE 6 propositions laid down...

Notice To Accused: Section 41A CrPC Versus Section 160 CrPC

Whenever a crime is reported and an FIR is lodged, the starting point for an Investigating officer commencing the investigation would be to proceed to the place of occurrence, make an inquiry, ascertain the facts, and examine witnesses. Section 160, Chapter XII CrPC (Now, section 179 BNSS) empowers the police officer to require the attendance before himself of any person...

S.G. Sundaraswamy- A Doyen And A Paragon

Shri S.G. Sundaraswamy was one of the most eminent lawyers and a former Advocate General of the State of Karnataka, then known as Mysore. I had the fortune to be his junior. This September 22 marks his birth centenary. It is appropriate to recall and celebrate his life and work which were quiet and unobtrusive but exemplary. He belongs to the galaxy of the old world that is becoming...