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Showing posts from August, 2022

Pleadings with defective verification : Is it curable or not ?

Tanish Dahuja* The main object of Code of Civil Procedure is to consolidate and amend the law relating to the procedure of civil courts in India. Order VI of the CPC covers pleadings in general. Pleading is a formal statement of the cause of an action or defence and includes a written statement or a plaint, forming the backbone of every suit. Pleadings need to be properly drafted with clear and concise language so as to avoid any ambiguity, and should be inclusive of all the material facts. The plaint should support the cause of action of the plaintiff and, written statement should respond to every fact alleged in the plaint as well as the introduction of any new fact that may favour the defendant.   Verification of Pleadings and Amendment thereof: Order VI Rule 15 of The Code of Civil Procedure, 1908 (CPC) provides that e very pleading has to be verified at the foot by the party or by one of the parties pleading or by some other person acquainted with the facts o...

Supreme Court’s Contribution to Juvenile Justice By Karmanpreet kaur*

Crimes by children in recent times have risen significantly. Children are often used as instruments to perform unlawful and illegal acts. The criminality of these acts branches from deep-rooted psychological dilemmas and conflicts. The minds of the children possess an innocent and manipulative character that can be easily tampered. The Children’s Act of 1960, and the Juvenile Justice Act of 1986, 2000 and 2015 have aimed to give effect to the international concern that juveniles should be dealt with leniency, prioritising aspects like rehabilitation, treatment, and development of the child. The Supreme Court in the case of Rishipal Singh Solanki versus State of UP and others 2019 12 SC 370, summarised the principal relating to the determination of the claim of juvenility under the Juvenile Justice Act 2015. The apex court held that the claim for juvenility can be made at any stage of the criminal proce...

AMENDMENT OR REPEAL OF LAWS BY THE COURTS BY KARMANPPPREET KAUR*

It is the dynamic character of law in India that makes the legal system efficient and effective. Since the world and the society is ever changing, flexibility in the legal domain is highly appreciated. Old is not always gold! Laws become obsolete and hence require an update from time to time. The constitution vests the power of law making with the Parliament of India. The executive bodies too exercise the power of rulemaking delegated by the legislature. Thus, the power to amend or repeal laws also vests with the legislature. When the entire act is revoked, the word “repeal” is used; for example, the Companies Act, 2013 repealed the Companies Act 1956. When a section of an Act is repealed and re-enacted, it is referred to as an “amendment”; for example: Criminal Law (amendment) Act 2018 inserted three new sections (376AB, 376DA, 376DB) and amended three sections (166A, 228A, 376) in the IPC, 1860. This power also includes amendment of the constitution alongsid...

CRPF : Police or Army or Paramilitary ?

  CRPF, as well as BSF, CISF, etc, are called a Central Armed Police Force They are not para-military forces.  The media mostly incorrectly used the term paramilitary  Though each force has its own officer cadre, the senior ranks are all filled by IPS officers on deputation. On the other hand, the Coast Guard which was staffed by naval officers on deputation during its fledgling years is now totally officered by CG officers from the DG and below. The only paramilitary force is Assam Rifles. Its officers are on deputation from the army.