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1. Introduction Resolution of matrimonial disputes calls for extra care and empathy on part of authorities including courts in order to prevent any further escalation of acrimony between parties in dispute. At times, matrimonial disputes resolve when both parties are willing to give up their allegations to make a fresh start in life. Whereas sometimes…
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Filing / Swearing to a false affidavit is an offence. 1. Filing false affidavit is an evil 7) Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand.Prosecution should be ordered when it is considered expedient in the interest of justice to punish the delinquent, but…
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It is fundamental that a party approaching the Court must come with clean hands, more so in child custody matters. Any fraudulent conduct based on which the custody of a minor is obtained under the orders of the Court, would negate and nullify the element of trust reposed by the Court in the concerned person.…
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At common law courts took action against a person who was shown to have made a statement, material in the proceedings, which he knew to be false or did not believe to be true. The offence committed by him is known as perjury. Dealing with the history of the offence, Sanford H. Kadish in ‘Encyclopedia…
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Doctrines are established principles, rules, or theories that guide legal reasoning, interpretation, and application. 1. Introduction Doctrines are fundamental ideas that underpin legal systems and help shape judicial decisions. Doctrines often emerge from judicial decisions, statutory interpretation, and legal scholarship. 2. Definition and Purpose Doctrines are Principles of Law. They serve as guiding principles that…
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Supreme Court judgment on whether it is right to enforce a contractual liability by imprisoning a debtor in the teeth of Art. 11 of the International Covenant on Civil and Political Rights. 1. Case Citation Supreme Court: Jolly George Verghese & Anr vs The Bank of Cochin1980 AIR 470, 1980 SCR (2) 913 Bench: Krishna…
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Supreme Court’s landmark judgment (Justice V.R. Krishna Iyer) on bail or jail. 1. Case Citation Supreme Court – Gudikanti Narasimhulu and Ors vs Public Prosecutor, High Court Of Andhra Pradesh – 1978 AIR 429, 1978 SCR (2) 371. Bench: Justice V.R. Krishna Iyer 2. Judgment ORDER KRISHNA IYER, J.: “Bail or jail ?”- at the…
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