Month: December 2022
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Defamation of Deceased – Analysing the sustainability of action from Criminal and Civil Law Perspective (Part I)
This is the first part of a bi-partite article series. Introduction In India, defamation is both a criminal as well as civil wrong. So, the person defamed has been given the liberty to bring either civil or criminal action or both. In civil cases, the person defamed can bring a civil suit for defamation and…
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‘Decree Holder’ and ‘Holder of Decree’ -Understanding who can get the Decree Executed
Section 2(3)[i] of the Code of Civil Procedure provides that a decree holder is a person in whose favour a decree has been passed or an order capable of execution has been made. So this definition gives us the impression that only the person in whose favour a decree or order has been passed can…
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The Deportation of Rohingyas to Bhasan Char: A Prospective case of ‘Crimes against Humanity’?
The small state of Bangladesh is overburdened by a migrating population of the Rohingya, thus, since 2020 they have begun sending the Rohingya people to Bhasan Char, an Island close to their coast but considered uninhabitable by experts. Bangladesh intends to shift around 1 lakh of them, though so far, thousands have been shifted. They…
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What is the Fate of a Criminal Case when the Complainant/Informant dies without proving the FIR
It is very well settled that crime is against society as a whole and the state prosecutes the accused on behalf of the victim/society. But, there might be some peculiar situations where the person who lodges the First Information Report with the police (he may be merely a witness who saw the incident or he…
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Defendant’s Claim for Injunction in Suit filed by Plaintiff
The present article focuses on the regularly encountered situation in trial courts. It is often seen that in a suit by a plaintiff where he claims injunction in the connected miscellaneous file through an application under Order 39 CPC, the defendant many times through his reply to the plaintiff’s application not only denies the averments…
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