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The standard of proof in disciplinary proceedings is different from that in a criminal trial. In Suresh Pathrella v. Oriental Bank of Commerce (2006) 10 SCC 572, a two judge Bench of the Hon’ble Supreme Court differentiated between the standard of proof in disciplinary proceedings and criminal trials in the following terms: “ …the yardstick…
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1. What is Statement of Objects and Reasons? The Statement of Objects and Reasons (SOR) is an important document that accompanies the introduction of a bill in the legislature. It provides a clear explanation of the purpose and objectives behind the proposed law. It outlines the context, issues, and rationale that prompted the need for…
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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 a false affidavit or swearing to a false affidavit is a serious offence and can have significant legal consequences. 1. What is an Affidavit? An affidavit is a sworn written statement of fact that is used as evidence in legal proceedings. 2. Filing false affidavit is an Offence When a person submits a false…
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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 in Law or Legal Doctrines are established principles, rules, or theories that guide legal reasoning, interpretation, and application. 1. Introduction: Legal Doctrines Legal 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 in Law…
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