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PRIMERS, NOTES & ANALYTICAL THINKING

JUDICIAL SERVICES PREPARATION

September 28, 2016

How this article helps in judicial service examination ?

This  article gives 2 things 

1) Concept - thus enable you to answer 1 words or descriptive type question 

2) Interpretation - how a pleadings should be - helps you in the exercise of judgement writing and framing of issues.

Relevant Provision : Order VI CPC

An understanding : What are does pleading means ?

Pleasing the court ? Nope !!!

Pleadings = statements in writi...

September 26, 2016

A BASIC UNDERSTANDING ON PLACE OF SUING- With 5 essential work it out questions!

PROBLEM 1 : A residing at Alandar, has a property at Tarapur, B acquired the property by force and is in enjoyment of the same. B is residing at Rameshwar. Now !where can A institute the recovery suit against B ?

One may think!

  • It can be instituted at Rameshwar – place of defendant for convenient summoning of the defendant or

  • At place of Pla...

September 12, 2016

Purpose and Object of FIR


    Basic material for investigation. ( put into writing before memory fades- Sorajudin vs State of Madras )
    Once recorded cannot be altered later ( Government record)- its check to both prosecution and accused.


Evidentiary Value of FIR.
FIR- not substantive evidence- Ravi Kumar v. Satte of Punjab AIR 2005 SC 1929 – only  for  
    corroborating under section 157 of the...

September 12, 2016

Relevant statutory provisions: Order XIV, ORDER XV of  SCHEDULE I of CIVIL PROCEDURE CODE

What is an issue : (issues are crux of a civil case)  when a material proposition of fact or law is affirmed by one party and denied by the other – it forms issue - Rule 1 (1) of Order XIV of C.P.C

Issues when arise- material proposition of law or fact – affirmed by one party denied by other . Rule 1 (1) Order XIV

What is material propositio...

September 12, 2016

DECREE AND JUDGMENT – A CONCEPTUAL  ANALYSIS
DECREE :


WHAT IS ? It’s simply a formal expression of court.
a)    Expression about ?  An adjudication.
•    Adjudication : Judicial determination of the matter in dispute .  
•    A order of administrative nature is not Decree. SATNAM SINGH V. SURENDHAR KAUR.
•    Order passed by an person who is not court is not a Decree. DEEP CHAND V. LAND...

September 4, 2016

1. CRIMINAL SCIENCE?

= study of criminal law,  criminology & penology. 

2. WHAT IS A CRIME ?

  • You do an breach of act/ omission as defined by the law - for which there is punishment not mere compensation.

  • WHO DEFINES IT ? IPC made by the parliament.

  • --the word “offence” denotes a thing made punishable by this Code S.40 OF IPC. 

Seems confused? 

Let's explore more about the crime. 

3. COMPREHENSIVE ANALYSIS OF TH...

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