Month: July 2023
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The admissibility and evidentiary value of Dying Declaration in criminal trial. – Unraveling the last wards of the Departed
INTRODUCTION A dying declaration is a legal concept that refers to a statement made by a person who is on the verge of death, regarding the cause and circumstances leading to their impending demise. It holds significant evidentiary value in legal proceedings, particularly in criminal cases, where the declarant’s statement may be admitted as evidence…
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Consumer Cases Against Bank
Consumer cases against banks involve legal disputes between individual consumers and banking institutions. These cases arise when consumers feel that their rights as customers have been violated, or they have suffered financial harm due to the actions or policies of the bank. Common types of consumer cases against banks include: When consumers initiate a case…
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Emergency Declarations Demystified: A Comprehensive Guide
A declaration of emergency is a formal announcement by a government that a situation exists that poses a serious threat to the safety and security of its citizens. This can include natural disasters, armed conflicts, or public health crises. When a state of emergency is declared, the government may suspend certain civil liberties and grant…
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Panchayat Election Violence: The Scope of Judiciary’s Intervention
The judiciary in India can take suo moto cognizance against violence during the West Bengal Panchayat elections or any other situation where there is a violation of fundamental rights or a threat to public order. Suo moto cognizance refers to the court’s power to initiate legal proceedings on its own accord without a formal complaint…
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Unveiling the Power of Digital Evidence: Exploring its Role and Admissibility in Modern Legal Proceedings
Digital evidence refers to any form of electronic information that can be collected and presented in legal proceedings to establish facts or support claims. It encompasses a wide range of data, including emails, text messages, social media posts, digital photographs, videos, and computer-generated records. In today’s technologically advanced world, digital evidence plays a crucial role…
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Ballot Scattering: Who Will Be Held Responsible?
The Returning Officer (RO) of the panchayat election will be responsible if panchayat election ballots are found scattered on the day of the election. The RO is the highest-ranking election official in the panchayat area and is responsible for overseeing the conduct of the election. If ballots are found scattered, the RO will need to…
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Nominations under the Representation of the People Act, 1951: Important Considerations and Case Analysis
Under Section 33 of the Representation of the People Act, 1951, several important points must be considered when filing nominations for elections: Important Case: In the case of N. Radhakrishnan v. Union of India (2010), the Supreme Court highlighted the significance of candidates fulfilling the qualifications and not being disqualified to contest elections. The court…
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Should West Bengal declare a state of emergency amid panchayat election violence?
Whether or not emergency should be declared in West Bengal on the backdrop of the violence during the panchayat election is a complex question. There are a number of factors to consider, including the severity of the violence, the impact on the election process, and the potential consequences of declaring a state of emergency. The…