DR ANUPAM KUMAR MISHRA

  Historical Background of Evidence Act, 1872 In order to trace the history of the law of evidence in our country, we have to study three different periods: The ancient Hindu period; The ancient Muslim period; and The British period. Ancient Hindu period : The sources of information relating to the law of evidence prevailing in Hindu India emanate from the Hindu  Dharmashastras . According to Hindu  dharmashastras , the purpose of any trail is the desire to ascertain the truth. The emphasized that a judge by using his skill should extricate the deceit like a physician taking out from the body an iron dart with the help of the surgical instruments. Vasista recognisewd three type of evidence: Lekhya (documentary evidence), Sakshi (witnesses), and Bukhthi (possession). Ancient Muslim period: With regard to the law of evidence discussed in the book “Muslim Jurisprudence” written by the sir Abdul Rahim, the Mohammendan law givers deal with evidence under the heads of oral and documentary. O

  Difference between Rape and Sex As simple as it may appear, sex is defined as sexual action between two people that brings them together. Without going into detail, sex is a mutual act of consent, delight, and, to coin a word, togetherness. The word rape, on the other hand, has a whole different connotation. Rape is an act of violence and a violation of human rights. It's all about power, and it's about exploiting the most personal relationship two people can have as a means of degradation. Rape is a coercive, non-consenting act. It imposes the attacker's will on the victim. The only genuine similarity between sex and rape is that they both entail sexual action, but not for the same reason or with the same aim. As Friedman points out, equating the two is perilous. Sex is about a healthy expression of love and caring, as well as mutual desire and trust. Rape is about one person's will over another; it's ultimately about power, expressed by previously intimate acts

  Bosnia-Herzegovina and the Legitimacy of Jus Cogens.  Jus cogens or peremptory norm means a body of fundamental principles of international law which binds all states and does not allow any exceptions. It is basically a compilation of norms that lays down the international obligations which are essential for the protection of the fundamental interest of the international community and any violation of these norms is thereby recognized as a crime against the community as a whole. It is binding upon all the members of the international community in all circumstances. Jus cogens imply absolute restrictions on genocide, slavery or slave trade, torture or other inhuman treatment, prolonged arbitrary detention, and racial discrimination. Any activity or treaty carried out by the states or international organizations that contradict human dignity and rights will offend the concept of jus cogens and thus, be void. It can be said that jus cogens exist to protect and uphold human dignity and r

                                   Foreign Company Companies Act 1956 Did not have any definition of Foreign Company. As per Section 591 of Companies Act 1956 foreign company means companies incorporated outside India which have established place of business within India where not less than fifty per cent , of the paid –up share capital of a company incorporated outside India and having an established place of business in India, is held by one or more citizens of India or by one or more bodies corporate incorporated in India, or by one or more citizens of India and one or more bodies corporate incorporated in India whether singly or in aggregate.          Companies Act 2013 Defines Foreign Company for the first time. As per Section 2(42) of Companies Act 2013 “foreign company” means any company or body corporate incorporated outside and has a place of business in India whether by itself or through an agent ,physically or through electronic mode ; and b) conducts any business activity i

 WhatsApp has no Evidentiary Value  The Hon’ble Supreme Court of India on July 14, 2021, in A2Z Infraservices Ltd. Versus Quippo Infrastructure Ltd. (Now Known As Viom Infra Ventures Ltd.) SLP(C) No. 8636/2021 played a significant part in yet again enlightening us on the question of the evidentiary value of WhatsApp chats/conversations. The complexities arise as only the printouts of the conversations may be presented in court, the nature of WhatsApp chats is largely secondary. However, the Indian Evidence Act requires that any "electronic record" be presented in the main form of evidence or that the document is proven by primary evidence before it may be admitted as evidence. The Courts have time and again answered the question of whether WhatsApp Chats have any evidentiary value or not and have emphasized and ruled that WhatsApp chats cannot be used as evidence without a certificate under Section 65B of the Evidence Act. A bench of Hon’ble Mr. Chief Justice N V Rama

  EXCEPTION TO THE RULE, "NO CONSIDERATION, NO CONTRACT" Seven exceptions to the rule when an agreement without consideration will be perfectly valid and binding Consideration being one of the essential elements of a valid contract, the general rule is that “an agreement made without consideration is void.” But there are a few exceptions to the rule, where an agreement without consideration will be perfectly valid and binding. These exceptions are as follows: 1. Agreement made on account of natural love and affection [Sec. 25(1)]: An  agreement  made without consideration is enforceable if, it is (i) expressed in writing, and (ii) registered under the law for the time being in force for the registration of documents, and is (iii) made on account of natural love and affection, (iv) between parties standing in a near relation to each other. Thus, there are four essential requirements which must be complied with to enforce an agreement made without consideration, as per Section

  Remoteness of Damages Definition What a fascinating concept: the distance of damage. Once a mistake has been committed, there must be repercussions. How much culpability can be fixed, and what is the determining element in this case? These kinds of situations call for use of the Remote Damages Principle. A wrong can be the result of a single act or a succession of acts/wrongs, but it can also be the result of a single incident. The damage could be close or far away, or it could be too far away.   A few elaborations of cases would perhaps make it more clear. Scott v. Shepherd: ‘A’ threw a lighted squib into a crowd,  it fell upon ‘X’. In order to prevent injury to himself, X did the same thing and it fell upon Y. Y in his turn did the same thing and it then fell on B, as a result of which B lost one of his  eyes . A was held liable to B. His act was the proximate cause of damage even though his act was farthest from the damage in so far as the acts X and Y had intervened in between. H

  To start with first we have to look that what this word marriage means. ‘Marriage is the voluntary union for life of one man and one woman to the exclusion of all others.’ It is a social institution where husband has the responsibility to take care and maintain his wife. He cannot neglect his duties. But on this great institution a stigma called ‘dowry’ still exists. Women are ill-treated, harassed, killed, divorced for the simple reason that they didn’t brought dowry.         For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code,1860(herein after referred to as I.P.C.) was amended in 1983 and inserted S.498A which deals with ‘Matrimonial Cruelty’ to a woman.         Matrimonial Cruelty in India is a cognizable, non bailable and non compoundable offence. It is defined in Chapter XXA of I.P.C. under Sec. 498A as: Husband or relative of husband of a woman subjecting her t

 Joint Liability under Torts Definition When a tort is committed by numerous persons, all the persons implicated in it become joint tortfeasor. In addition to this, all persons will be responsible for the same tort and will be seen to be joint wrongdoers in the eyes of law. Now, at this point, it becomes vital for one to understand that in order to show the wrong done by joint tortfeasors, there must be some relationship between the act of one accused tortfeasor to that of the other. Sargent L.J remarks regarding this can be stated as follows - “There must be a concurrence in the act or acts causing injury, and not merely a coincidence of separate acts, which, by their united effect, generate damage.” For Example– In Palghat Coimbatore Transport Co. V. Narayana, When two buses collided, one passenger died as a result. The family of the dead filed a lawsuit under the Fatal Accidents Act, and the court found that the owners of both bus companies were responsible for the accident. Circums

  Process of Elections in India: Elections are held in constituencies, which are defined as geographic areas where people can vote for their representatives to represent them. In India, each constituency has a population that is roughly the same size as the previous one, which means that the number of officials is roughly the same from one state to the next. This also implies that the number of seats (for example, in the Lok Sabha) is proportional to the number of people who live in the state. Voting Rolls are being prepared for the upcoming elections. There are people who live in the constituencies who vote for his or her representatives or who can even run for election as candidates themselves. Electoral rolls are "lists of voters" for a particular electoral district. In India, the right to vote is granted to everyone by law. This means that every adult over the age of 18 has the right to vote and to choose his or her own representative in government. The names of all of th