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Types of Evidence under BSA, 2023
Types of Evidence under BSA, 2023 The New Framework of Proof The Bharatiya Sakshya Adhiniyam (BSA), 2023 replaces the Indian Evidence Act, 1872. It broadens the scope of evidence to include digital footprints. Statements made by witnesses before the Court. All documents produced for the…
Continue reading...ANATOMY OF CIVIL SUIT
Stages of a Civil Suit Under CPC, 1908 A Practical Guide for Litigants The Code of Civil Procedure (CPC), 1908 governs civil disputes. Understanding the procedural hierarchy is key to securing relief. Below is the streamlined workflow. The machinery starts with filing the case and…
Continue reading...Corporate Insolvency Resolution Process (CIRP)UNDER INSOLVENCY & BANKRUPTCY CODE, 2016
Corporate Insolvency Resolution Process (CIRP) Under Insolvency & Bankruptcy Code, 2016 The CIRP is a creditor-in-control model designed to revive a distressed company ("Corporate Debtor"). It is not a recovery forum, but a resolution mechanism. Before filing any application, the "Default" amount must meet the…
Continue reading...REMEDIES BY WAY OF REVIEW JURISDICTION OF SUPREME COURT UNDER ART. 137 OF CONSTITUTION.
Article 137: Remedies by way of review jurisdiction of Supreme Court u/r Art.137 of Constitution. The Power of Self-Correction Article 137 empowers the Supreme Court to review its own judgments. This is an exception to the principle of Functus Officio (once a judgment is delivered,…
Continue reading...LEGAL REMEDIES IN THE FORM OF SLP UNDER ARTICLE 136 OF CONSTITUTION
Article 136: Remedies in th form of Special Leave Petition (SLP) u/r 136 of constitution. The "Plenary Power" of the Supreme Court Article 136 is not a regular appellate provision. It is a "Residuary Power" vested in the Supreme Court to grant special leave to…
Continue reading...Consumer Complaint Procedure (CPA, 2019)
Consumer Complaint Procedure (CPA, 2019) Summary Trial & Strict Timelines The Consumer Protection Act, 2019 is designed for swift justice. Unlike civil courts, it follows a summary procedure where "Natural Justice" is the guiding principle. Before filing, you must choose the correct commission based on…
Continue reading...Procedure to recover wages before Labour Court
Procedure for Recovery of Wages: Section 33-C(2) I.D. Act The "Execution Court" Procedure Section 33-C(2) of the Industrial Disputes Act, 1947 is the statutory machinery for a "Workman" to recover money due from an employer. Unlike a regular suit, this is a proceeding to compute…
Continue reading...procedure of Maintanance Case u/s 144 of BNSS
Procedure for Maintenance under Sec 144 BNSS (Formerly Section 125 CrPC) Section 144 BNSS (formerly Sec 125 CrPC) is a social welfare provision. To prevent delays, the Supreme Court in Rajnesh vs Neha and Aditi vs Jitesh has laid down strict procedural safeguards which are…
Continue reading...STAGES OF CRIMINAL TRIAL UNDER BNSS, 2023
Stages of a Criminal Trial Under BNSS, 2023 A Practical Guide for Advocates & Litigants The implementation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has restructured the criminal justice process in India. Understanding these stages is vital for effective legal representation. Below is a…
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